TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, October 12, 2022
7:00 P.M.
Craig Hughes, Mayor
Sarah Wernikoff, Vice Mayor
Jeff Aalfs, Councilmember
Maryann Derwin, Councilmember
John Richards, Councilmember
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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.
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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 Regarding a Peninsula Clean Energy Update in Portola Valley b. Receive Presentation from Race & Equity Committee Regarding Land Acknowledgment
Town of Portola Valley – Council Agenda
October 12, 2022
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. Approve the Final Map and adopt a resolution authorizing the Mayor to execute a Subdivision Improvement Agreement with YLCL Investments, LLC. e. Approve the Town of Portola Valley Response to the Grand Jury Report dated August 9, 2022 entitled “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know”
6. PUBLIC HEARING
a. Waive First Reading and Introduce an Ordinance Adopting the 2022 California Building Standards Code with Local Amendments to Those Codes and Direct the Sustainability Committee to Review, Analyze and Provide Recommendations on Updates to the Graywater “Ready” Infrastructure and Reduction of Potable Water Use on Turf Requirements with their Review of MWELO and Other Water Conservation Measures
b. Waive First Reading and Introduce an 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
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. ADJOURNMENT
The next Regular Town Council meeting will be held on October 26, 2022 at 7:00 p.m.
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.
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
MINUTES
1. CALL TO ORDER – Councilmembers Aalfs, Derwin, Wernikoff and Mayor Hughes were present.
Councilmember Richards was absent.
2. REPORT OUT OF CLOSED SESSION - None
3. ORAL COMMUNICATIONS
The following members of the public spoke during Oral Communications:
• Mike Schrader
4. ANNOUNCEMENTS/PRESENTATIONS
a. Receive Presentation from Race & Equity Committee Regarding Land Acknowledgment This item was moved to the meeting of October 12, 2022.
5. CONSENT AGENDA
The following members of the public spoke regarding the Consent Calendar:
• Lesley Kriese
• Caroline Vertongen
Jeff Aalfs, Councilmember, requested to pull Item 5.a. for a separate vote.
Jeff Aalfs, Councilmember, abstained from voting on 5.a. due to being absent from the meeting of September 14, 2022.
M/S Aalfs/Derwin to approve the Consent Agenda, excluding Item 5.a. Motion carried 4-0 by roll call vote with Councilmember Richards absent.
M/S Derwin/Wernikoff to approve Item 5.a. Motion carried 4-0-1 by roll call vote with Councilmember Aalfs abstained and Councilmember Richards absent. 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
Town of Portola Valley – Minutes
September 28, 2022
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
Laura Russell, Planning & Building Director and Jake Garcia, Project Contractor, presented the report.
The project appellant, Irene and Pedro Ruiz, addressed the Town Council.
The project applicant’s Architect, Stuart Welte, addressed the Town Council.
Craig Hughes, Mayor, opened the public hearing.
The following members of the public spoke during the public hearing:
• Greg
• Caroline Vertongen
• Karel Urbanek
• Loren Dakin
• Lisa Hennefarth
• Tricia Christensen
• Danna Breen
• MJ Lee
• David Cardinal
• Rob Jack
• Ron Hennefarth
• Ginger P.
Craig Hughes, Mayor, closed the public hearing.
M/S Aalfs/Derwin to adopt a resolution approving an Architectural and Site Development permit for a new residence with basement, detached garage, ADU, pool, hardscaping and landscaping improvements. Motion carried 4-0 with Councilmember Richards absent.
7. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS The Councilmembers below recently attended the following meetings:
Jeff Aalfs – Peninsula Clean Energy; Mental Health Summit with Senator Becker.
Maryann Derwin – Commute.org; Legislative Committee; BAWSQA.
Sarah Wernikoff – Finance Committee (Upcoming).
Craig Hughes – Trails and Paths.
8. TOWN MANAGER REPORT
Jeremy Dennis, Town Manager, presented the report verbally.
9. WRITTEN COMMUNICATIONS
a. Town Council Digest
There was no discussion regarding the Digest.
10. ADJOURNMENT – The meeting adjourned at 10:35 p.m.
The next Regular Town Council meeting will be held on October 12, 2022 at 7:00 p.m.
Town of Portola Valley – Minutes
September 28, 2022
The meeting minutes were prepared by Melissa Thurman, Town Clerk, for approval at the regular meeting of October 12, 2022.
apachreg Town of Portola Valley ntanori 10/06/2022 11:09 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 2584 15 ALANIZ CONSTRUCTION INC. 6,362.00 10/12/222585 20 ALLIANT INSURANCE SERVICES 434.00 10/12/222586 80 CALPERS 19,174.67 10/12/222587 110 CITY OF FOSTER CITY 540.00 10/12/222588 124 COMCAST 89.90 10/12/222589 176 EXCEL LD 33.94 10/12/222590 195 GOOD CITY COMPANY 35,972.50 10/12/222591 218 MISSIONSQUARE RETIREMENT 5,665.14 10/12/222592 234 J. W. ENTERPRISES 542.88 10/12/222593 243 JASON PRESSMAN 6,143.52 10/12/222594 337 O. NELSON & SON INC. 2,852.00 10/12/222595 351 PARAGON CUSTOM BUILDERS 1,000.00 10/12/222596 364 PERS HEALTH 14,334.04 10/12/222597 375 PLATINUM FACILITY SERVICES 4,936.68 10/12/222598 376 PORTOLA VALLEY HARDWARE 721.10 10/12/222599 380 PURCHASE POWER 500.00 10/12/222600 406 RR DONNELLEY 105.25 10/12/222601 430 SHELTON ROOFING 1,000.00 10/12/222602 431 SIERRA PACIFIC TURF SUPPLY INC 282.50 10/12/222603 445 STANDARD INSURANCE CO. 572.52 10/12/222604 448 STATE COMP INSURANCE FUND 5,315.25 10/12/222605 505 WOODSIDE FIRE PROTECTION DISTR 40,133.00 10/12/222606 511 COUNTY OF SAN MATEO - HR DEPT 1,236.25 10/12/222607 642 CYBERTARY.COM 481.00 10/12/222608 719 KEVIN FORD 491.25 10/12/222609 730 URBAN PLANNING PARTNERS INC 15,293.75 10/12/222610 847 LISA WISE CONSULTING 1,747.50 10/12/222611 860 STEPFORD 3,990.25 10/12/222612 865 MID PENINSULA ROOFING 1,000.00 10/12/222613 906 ALPINE CONSTRUCTION 203.00 10/12/222614 907 LEVEL UP HOME REMODELING INC 1,000.00 10/12/222615 908 MARTIN MILLER 1,000.00 10/12/222616 909 SONIA DHILLON 5,100.98 10/12/222617 910 STEPHEN ERICKSEN 1,000.00 10/12/22Check totals: 179,254.87ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 179,254.87
Check totals: 179,254.87
ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 179,254.87
.
apapdinv2 ntanori Town of Portola Valley Page 1
11:10 10/06/22 Paid Invoices by Date
From: 10/12/2022 to 10/12/2022
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 15 ALANIZ CONSTRUCTION INC.
10/12/22 2584 Asphalt Removal & Replacement - Wayside WHRMD 6,362.00 6,362.00 12013 Vendor: 20 ALLIANT INSURANCE SERVICES
2585 Qtrly Event Insurance 07/01/2022 - 09/30/2022 434.00 434.00 2022-Q3 Vendor: 80 CALPERS
2586 August Unfunded Liability 19,174.67 8,943.00 100000016882647 September Unfunded Liability 8,931.67 100000016919131GASB 68 Reports & DP Fees July - Sept 1,300.00 100000016886839 Vendor: 110 CITY OF FOSTER CITY
2587 CalOpps Job Posting - Maintenance Worker I/II 540.00 540.00 14954 Vendor: 124 COMCAST
2588 WIFI 09.21.22 - 10.20.22 89.90 89.90 1945-OCT22
Vendor: 176 EXCEL LD
2589 September Telephone LD Service 33.94 33.94 1194151392 Vendor: 195 GOOD CITY COMPANY
2590 Planning Consultant Svcs - August 35,972.50 35,972.50 2806 Vendor: 218 MISSIONSQUARE RETIREMENT
2591 Defer Comp, August 2022 5,665.14 5,665.14 AUG2022_DEFCOMP Vendor: 234 J. W. ENTERPRISES
2592 Portable Lavs 08/25/22 - 09/21/22 542.88 229.44 244468 Portable Lavs 08/25/22 - 09/21/22 313.44 244467
Vendor: 243 JASON PRESSMAN
2593 Deposit Refund, 127 Ash Lane 6,143.52 6,143.52 BLDR0035-2019 Vendor: 337 O. NELSON & SON INC.
2594 Mowing - Frog Pond/ Springdown Field 2,852.00 2,852.00 238 Vendor: 351 PARAGON CUSTOM BUILDERS
2595 Deposit Refund, 5 Redberry 1,000.00 1,000.00 BLDR0195-2021 Vendor: 364 PERS HEALTH
2596 October Health 14,334.04 14,334.04 100000016939460 Vendor: 375 PLATINUM FACILITY SERVICES
2597 September Friday Disinfection Svcs - COVID19 4,936.68 448.01 44805
.
apapdinv2 ntanori Town of Portola Valley Page 2
11:10 10/06/22 Paid Invoices by Date
From: 10/12/2022 to 10/12/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
10/12/22 2597 September Janitorial Svcs 4,936.68 4,488.67 44804 Vendor: 376 PORTOLA VALLEY HARDWARE
2598 August Statement 721.10 721.10 193-AUG22
Vendor: 380 PURCHASE POWER
2599 Postage Meter 500.00 500.00 7931_SEPT22
Vendor: 406 RR DONNELLEY
2600 Business Cards - C. Brown 105.25 105.25 489088636
Vendor: 430 SHELTON ROOFING
2601 Deposit Refund, 130 Fawn 1,000.00 1,000.00 BLDR0089-2022 Vendor: 431 SIERRA PACIFIC TURF SUPPLY INC
2602 Fields Soil Tests 282.50 282.50 0628891-IN
Vendor: 445 STANDARD INSURANCE CO.
2603 LTD/Life Premium 572.52 572.52 2022-SEPT
Vendor: 448 STATE COMP INSURANCE FUND
2604 WC Premium, 09/19/2022 - 10/19/2022 5,315.25 5,315.25 1000669674 Vendor: 505 WOODSIDE FIRE PROTECTION DISTR
2605 FY2022-23 Chipper Program 40,133.00 40,133.00 PV-CHIPPER22-23 Vendor: 511 COUNTY OF SAN MATEO - HR DEPT
2606 Employee/Labor Relations Svcs - 08/2021 - 07/2022 1,236.25 1,236.25 PVELRJUL22 Vendor: 642 CYBERTARY.COM
2607 August Transcription Svcs 481.00 481.00 4605
Vendor: 719 KEVIN FORD
2608 Deposit Refund, 235 Nathhorst 491.25 491.25 BLDR0089-2020-1 Vendor: 730 URBAN PLANNING PARTNERS INC
2609 PV Safety Element Update - July 15,293.75 2,123.75 21031-220731 PV Housing Element Update - July 13,170.00 21029-220731 Vendor: 847 LISA WISE CONSULTING
2610 Phase 1 Conceptual Site Plan - July 1,747.50 1,747.50 4310 Vendor: 860 STEPFORD
2611 Laptop Cover Case 3,990.25 70.25 2201540
.
apapdinv2 ntanori Town of Portola Valley Page 3
11:10 10/06/22 Paid Invoices by Date
From: 10/12/2022 to 10/12/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
10/12/22 2611 September IT Support 3,990.25 3,920.00 2201471 Vendor: 865 MID PENINSULA ROOFING
2612 Deposit Refund, 267 Mapache 1,000.00 1,000.00 BLDR0037-2022 Vendor: 906 ALPINE CONSTRUCTION
2613 Deposit Refund, 239/255 Wyndham 203.00 203.00 PW0066-2021 Vendor: 907 LEVEL UP HOME REMODELING INC
2614 Deposit Refund, 1330 Westridge 1,000.00 1,000.00 BLDR0125-2021 Vendor: 908 MARTIN MILLER
2615 Deposit Refund, 3350 Alpine 1,000.00 1,000.00 BLDM0005-2022 Vendor: 909 SONIA DHILLON
2616 Deposit Refund, 10 Grove 5,100.98 1,171.07 BLDR0219-2018 Deposit Refund, 10 Grove 1,539.91 PERMIT_ASCC_DEPDeposit Refund, 10 Grove 2,390.00 BLDR0219-2018-1 Vendor: 910 STEPHEN ERICKSEN
2617 Deposit Refund, 119 Brookside 1,000.00 1,000.00 BLDR0148-2021 Check Date Totals 179,254.87
Grand Total 179,254.87
TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
October 12, 2022
Claims totaling $179,254.87 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
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Cara Silver, Town Attorney
DATE: October 12, 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
Resolution Confirming Need to Conduct Remote Public Meetings October 12, 2022
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
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;
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
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 12th day of October 2022.
By: _________________________
Craig Hughes, Mayor
ATTEST:
____________________________
Melissa Thurman, MMC
Town Clerk
_____________________________________________________
TO: Mayor and Members of the Town Council
FROM: Laura Russell, Planning and Building Director
DATE: October 12, 2022
RE: Final Map and Subdivision Improvement Agreement for the two-lot subdivision located at 40 Firethorn Way (APN 079-080-030)
RECOMMENDATION
Staff recommends the Town Council approve the Final Map and adopt a resolution authorizing the Mayor to execute a Subdivision Improvement Agreement with YLCL Investments, LLC.
BACKGROUND
The proposed project creates a two-lot subdivision for single family residence purposes consisting of no more than two residential units on a 479,689 square foot (sf) (11.012 acre) lot. The subdivision would result in two lots: Parcel A (316,998 sf) and Parcel B (162,691 sf).
On January 17, 2018 the Planning Commission: 1) approved and certified the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan by adoption of Resolution 2017-15, and 2) approved the Tentative Parcel Map subject to condition by approving Resolution Number 2017-
16. Subsequently, the Planning Commission found the Final Map to be consistent with the Tentative Map by approving Resolution 2022-4. The Town’s engineering division has reviewed the Subdivision Improvement Plans and found them to be compliant with the project’s conditions of approval.
DISCUSSION
The developer’s engineer completed the subdivision map, improvement plans, and specifications compliant with the Subdivision Map Act, Portola Valley Ordinances, Town Standards, and to the satisfaction of the Town’s engineering division. Covenants, Conditions, Restrictions and proposed improvements for the property were reviewed by staff and found to be compliant with the project’s conditions of approval. The Town Attorney has reviewed the Improvement Agreement. The project would provide roadway frontage improvements along Los Trancos Road widening the road adjacent to the project site and install fire hydrants, sewer lateral extensions, water line extensions, and abandonment of an existing septic tank.
Per the State Subdivision Map Act, the Town Council shall approve the Final Map if it finds that it is consistent with the Tentative Map. There is not an opportunity to revisit the plans or conditions of approval.
TOWN OF PORTOLA VALLEY
STAFF REPORT
CODE REQUIREMENTS
Pursuant to Portola Valley Municipal Code (PVMC) 17.24.260 the Town Council shall approve the Final Map.
ENVIRONMENTAL IMPACT REVIEW, CEQA COMPLIANCE
An Initial Study, Mitigated Negative Declaration was prepared for this project under the California Environmental Quality Act (CEQA). On January 17, 2018 the Planning Commission approved and certified the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan by adoption of Resolution 2018-15. There have been no substantive changes to the project description and the certified Mitigated Negative Declaration as previously approved and conditioned is still valid.
PUBLIC COMMENT
No new public comments have been received as of the writing of this report.
RECOMMENDATION
The Town Council should consider the above information and any other input that may be provided and:
1. Approve Final Map No. 2016-100194, the Parcel Map for 40 Firethorn (Attachment 4); and
2. Adopt a resolution authorizing the Mayor to execute the Subdivision Improvement Agreement (Attachment 5).
ATTACHMENTS
1. Resolution 2018-01 Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Plan.
2. Resolution 2018-02 Tentative Parcel Map, Attachment A
3. Planning Commission Resolution 2022-4 finding the Final Map Consistent with the Tentative Map
4. Final Map
5. Resolution approving and authorizing execution of the Subdivision Improvement Agreement.
6. Subdivision Improvement Plans
INITIAL STUDY
Initial Study/Mitigated Negative Declaration
40 Firethorn
Two Lot Tentative Parcel Map
Project #X6D-218
Town of Portola Valley-Planning Department
765 Portola Road, Portola Valley, CA 94028
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
In accordance with the policies regarding implementation of the California Environmental Quality Act of 1970, this document, combined with the attached supporting data, constitutes the initial study on the subject project. This initial study provides the basis for the determination of whether the project may have a significant effect on the environment. If it is determined that the project may have a significant effect on the environment, an environmental impact report will be prepared which focuses on the area of concern identified by this initial study. If it is determined that the project would not have a significant effect on the environment, it is eligible for a Negative Declaration. If it is determined that the proposed project could have a significant effect on the environment, however, the significant effects of the project have been reduced to a less-than-significant level because revisions in the project have been made by or agreed to be the project applicant, then the project would be eligible for a Mitigated Negative Declaration.
Public Review: In accordance with CEQA and the State CEQA Guidelines, a 20 day public review period for this IS commenced on November 16, 2017 and will conclude on December 6, 2017. The Draft IS has been distributed to interested or involved public agencies, organizations, and individuals for review.
During the public review period, the public will have an opportunity to provide written comments on the information contained within this Draft IS. The public comments on the Draft IS and responses to public comments will be incorporated into the Final IS. The Town’ s Planning Commission and City Council will use the Final IS for all environmental decisions related to this proposed project.
In reviewing the Draft IS, affected public agencies and interested members of the public should focus on the sufficiency of the document in identifying and analyzing potential project impacts on the environment, and ways in which the significant effects of the project are proposed to be avoided or mitigated. Comments on the Draft IS should be submitted in writing prior to the end of the 20 day public review period and must be postmarked by December 6, 2017. Please submit written comments to:
Cynthia Richardson, Planner
Town of Portola Valley, Planning Department
765 Portola Road
Portola Valley, CA 94028
Phone: 650 851-1700
Email: crichardson@portolavalley. net
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Environmental Checklist Form
1. Project Title: Two Lot Subdivision.
2. Lead Agency Name and Address: Town of Portola Valley, 765 Portola Valley, Portola Valley, California 94028.
3. Contact Person and Phone Number: Debbie Pedro, AICP, Planning Director ( 650) 851- 1700.
4. Initial Study prepared by: Town of Portola Valley, Planning Department 650) 851-1700.
5. Project Location: 40 Firethorn Way, Portola Valley, CA 94028 APN 079-080-030
6. Project Sponsor' s Name and Address: YLCL Investments LLC, 24591 Summerhill Court, Los Altos, CA 94024
7. General Plan Designation: Conservation-Residential
8. Zoning: R-E/3.5A/SD-2/D-R
9. Introduction: This is a two-lot subdivision. The 11.02 gross acre property is proposed to be subdivided into two parcels, Lot A being 6.909 gross acres and Lot B being 4.103 gross acres.
10. Surrounding Land Uses and Setting: The property is located at the corner of Firethorn Way and Los Trancos Road. The average slope of the property is 31.67%. There is a knoll at the top of the property at elevation 596 and slopes down to Los Trancos Road where the elevation is 498. Surrounding uses include single-family homes to the north, south, and east, and Midpeninsula Regional Open Space District lands to the west.
11. Project Description: This is a two-lot subdivision. The 11.02 gross acre property is proposed to be subdivided into two parcels, Lot A being 6.909 gross acres and Lot B being 4.103 gross acres.
Parcel A contains an existing 6,181 square foot two-story home with two attached garages constructed in 1979, a greenhouse and a swimming pool. The existing home and ancillary structures will be demolished and a new residence will be constructed. Parcel B will support a new single-family residence in the south-eastern portion of the new lot. Site access would be from Los Trancos Road where a driveway would extend northwesterly to the residence.
12. Other public agencies whose approval is required: Woodside Fire Protection District, West Bay Sanitary District, San Mateo County Environmental Health Department.
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The following section includes the Environmental Evaluation checklist from the CEQA guidelines. The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics Agriculture Resources Air Quality
Biological Resources Cultural Resources Geology / Soils Greenhouse Gas
Emissions
Hazards & Hazardous
Materials
Hydrology / Water
Quality
Land Use / Planning Mineral Resources Noise
Population / Housing Public Services Recreation
Transportation/ Traffic Utilities / Service Systems Mandatory Findings of Significance
This Initial study has been prepared in accordance with the California Environmental Quality Act.
Information and conclusions in the Initial Study are based upon staff research and the Town’ s General Plan and Municipal Code.
DETERMINATION
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “ potentially significant impact” or “ potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
NEGATIVE DECLARATION pursuant to applicable standards, and ( b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Signature:_____________________________________ Date:__________________ Debbie Pedro, AICP, Planning Director
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
I. AESTHETICS -- Would the project:
a) Have a substantial adverse effect on a
scenic vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within
a state scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its
surroundings?
d) Create a new source of substantial light
or glare, which would adversely affect day
or nighttime views in the area?
DISCUSSION:
a,c,d) The property is located along Los Trancos Road and Firethorn Way. The existing visual and aesthetic character of the Town of Portola Valley is of a rural low-density residential area. Much of the Town is dominated by hillsides, heavy native vegetation and rolling hills. The subject property is within the Alpine Road Scenic Corridor Plan. The corridor is in essence a linear park which includes scenic resources, creeks, rout of travel, natural preserves, recreation sites and vista points. The project building sites are not visible from Alpine Road.
The western portion of the property is located within the Primary Vista Corridor Boundary and the remainder of the property in the Secondary Vista Corridor Boundary. Properties subject to the requirements of the Alpine Road Scenic Corridor shall be carefully regulated for their buildings, grading, clearing, planting and access roads impacts. Development within these areas shall be designed to be compatible with and retain the natural and rural appearance of the area. Since the subject property is not visible from Alpine Road due to heavy tree coverage there will be little impact from the subdivision and the proposed new building site.
Design Guidelines are in place to retain the rural atmosphere of the Town. The Design Guidelines call for a minimal approach to be taken to outside illumination which could affect off-site views. In addition the project site is not located within a state scenic highway and no scenic resources will be negatively affected.
The Town’ s Conservation Committee reviewed the project and found no major impacts from the proposal. The Conservation Committee recommends replacing any removed oak trees and the removal of the perimeter chain link fence to open pathways for wildlife.
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
The Town’ s ASCC reviewed the project and recommends that the “ hedge” row of oaks located along Los Trancos Road be removed and tree mitigation to compensate for the removal of any significant trees shall be completed during the site development review process for each new home.
With the Design Guidelines and the Alpine Scenic Corridor Plan in place the proposed project would have less than significant impact with mitigation incorporated. b) The property is not located within a state scenic highway and therefore, the proposed project would have no impact on scenic resources from a state scenic highway.
MITIGATION:
MM – Aesthetics – 1) The ASCC shall review any proposed tree replacement planting that compensates for the removal of significant oak trees up to a 2:1 ratio. Any required replacement planting shall be completed with the site development permit of any new residences within the subdivision. Replacement trees shall be planted prior to final inspection of the new residences.
Sources: 1,2,3,5,6,18
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
II. AGRICULTURE RESOURCES -- Would the project:
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance ( Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
c) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use?
DISCUSSION:
a-c) According to the 2016 Farmland Mapping and Monitoring Program ( FMMP) from the State Department of Conservation, the project site is in an area that is designated as Other, Other land is land not included in any other mapping category. Other Land is not considered farmland; therefore, the proposed project would have no impact on farmlands.
MITIGATION: None
Source: 8
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
III. AIR QUALITY -- Would the project:
a) Conflict with or obstruct implementation of
the applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard ( including releasing emissions which
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial
pollutant concentrations?
e) Create objectionable odors affecting a
substantial number of people?
DISCUSSION:
a-e) The project is located in the San Francisco Bay Area Air Basin ( SFBAAB), an area of nonattainment for national and state ozone, state particulate matter ( PM10) and national and state fine particulate matter PM2.5) air quality standards ( U.S. EPA 2010 AND BAAQMD 2010A).
Minimal grading work is expected for the subdivision road widening and utility construction.
Temporary construction activities and debris removal trucks are expected. In addition the subdivision creates one new building site that will be reviewed under the site development ordinance and Town Design Guidelines. None of these short term construction activities could potentially effect air quality or create objectionable odors. Per BAAQMD CEQA guidelines, the applicant would incorporate best management practices to further reduce the magnitude of potential construction emissions. Therefore, with mitigation measures the proposed project would have less than significant impact on air quality.
MITIGATION:
MM – Air Quality – 1) Water all exposed surfaces ( e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) two times per day;
MM – Air Quality – 2) Cover all haul trucks transporting soil, sand, or other loose materials off-site;
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
MM – Air Quality – 3) Wash all trucks and equipment, including tires, prior to leaving the site; MM – Air Quality - 4) Use wet power vacuum street sweepers at least once per day to remove all visible mud or dirt track-out adjacent to Los Trancos road (dry power sweeping is prohibited); MM – Air Quality – 5) Vehicle Speeds on unpaved roads shall not exceed 15 miles per hour; MM – Air Quality – 6) Pave all roadways, driveways, and sidewalks as soon as possible and lay all building pads as soon as possible after grading unless seeding or soil binders are used; MM – Air Quality – 7) Suspend excavation and grading activities when average wind speeds exceed 20 miles per hour;
MM – Air Quality – 8) Minimize idling time to five minutes and post signs reminding workers of this idling restriction at project access points and equipment staging areas.
MM – Air Quality – 9) Require certified mechanic to check and determine that all equipment is running in proper condition prior to construction operations;
MM – Air Quality – 10) Properly maintain and tune all construction equipment in accordance with manufacturer’ s specifications’
MM – Air Quality – 11) Post a publicly visible sign with the telephone number and person to contact at the Portola Valley Department of Public Works regarding dust complaints. The Department of Public Works shall respond and take corrective action within 48 hours. The publicly visible sign shall also include the contact phone number for the Bay Area Ai8r Quality Management District to ensure compliance with applicable regulations.
Source: 9
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
IV. BIOLOGICAL RESOURCES -- Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and Game
or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Game or
US Fish and Wildlife Service?
c) Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act
including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
DISCUSSION:
a-f) The project results in the removal of trees for the road widening project. The Town of Portola Valley’ s tree removal ordinance ( PVMC 15.12.070.A) has several stipulations regarding significant trees, requiring permits for their removal. As a result of the road widening required for this project, 23 trees will be removed. Nine of the trees to be removed meet the criteria for protection.
Construction disturbance during the breeding season ( February 1 through August 31, for most species) could result in the incidental loss of eggs or nestlings, either directly through the destruction or disturbance of active nests or indirectly by causing the abandonment of nests. This type of impact would not be significant. However, construction disturbance would be considered a violation of the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code. This impact is potentially significant, but would be reduced to a less- than- significant level by implementing the following mitigation measures.
MITIGATION:
MM – Biologic Resources – 1) To the extent feasible, construction activities should be scheduled to avoid the nesting season. If construction activities are scheduled to take place outside the nesting season, all impacts to nesting birds protected under the MBTA and California Fish and Game Code shall be avoided. The nesting season for most birds in San Mateo County extends from February 1 through August 31.
MM – Biologic Resources – 2) If it is not possible to schedule construction activities between September 1 and January 31, then pre-construction surveys for nesting birds shall be conducted by a qualified ornithologist to ensure that no nests will be disturbed during Project implementation. These surveys shall be conducted no more than seven days prior to the initiation of construction activities.
During this survey, the ornithologist shall inspect all trees and other potential nesting habitats ( e.g., trees, shrubs, ruderal grasslands, buildings) in and immediately adjacent to the impact areas for nests.
If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist shall determine the extent of a construction- free buffer zone to be established around the nest ( typically 300 ft for raptors and 100 ft for other species), to ensure that no nests of species protected by the MBTA and California Fish and Game Code will be disturbed during Project implementation.
MM – Biologic Resources – 3) If construction activities will not be initiated until after the start of the nesting season, all potential nesting substrates ( e.g., bushes, trees, grasses, and other vegetation) that are scheduled to be removed by the Project be removed prior to the start of the nesting season ( e.g., prior to February 1). This will preclude the initiation of nests in this vegetation, and prevent the potential delay of the Project due to the presence of active nests in these substrates.
Sources: 1,2,5,6,10,17,18
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
V. CULTURAL RESOURCES -- Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined
in ' 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to ' 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
d) Disturb any human remains, including
those interred outside of formal cemeteries?
DISCUSSION:
a-d) No human remains are known to be buried in the vicinity of the project site. Therefore, there is a low likelihood that human remains would be encountered. Nonetheless, the potential exists for previously undiscovered human remains to be encountered during ground disturbing activities. Buried deposits may be eligible for listing in the CRHR. This impact is potentially significant, but would be reduced to a less-than-significant level by implementing the following mitigation measures.
MITIGATION:
MM – Cultural Resources – 1) The applicant shall ensure the construction specifications include a stop work order if human remains are discovered during construction activities. There shall be no further excavation or disturbance of the site within a 50 foot radius of the location of such discovery, or any nearby area reasonably suspected to overlie adjacent remains. The San Mateo County Coroner shall be notified and will make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, s/he shall notify the Native American Heritage Commission, which will attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this state law, then the landowner shall reinter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance.
Sources: 3,5,16
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
VI. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer
to Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss
of topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
1994), creating substantial risks to life or
property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the disposal
of waste water?
DISCUSSION:
This section summarizes the potential geology and soils impacts related to the proposed project based on the Feasibility Investigation prepared by Romig Engineers, Inc. dated March 4, 2016 and the Town Geologist memo dated March 21, 2016.
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
a-e) The proposed project would not have a geologic impact because the project site is located outside of any Geotechnical and Seismic Hazard Zones as shown on the Cotton, Shires & Associates Geotechnical and Seismic Hazard Zone Map dated 2-22-2010. Romig Engineers completed a site feasibility study and concluded that the site is feasible for construction of the proposed development.
A design level geotechnical investigation shall be performed and that a pier and grade beam foundation system embedded in competent bedrock would be a likely foundation type for this site.
The Town Geologist has reviewed the Romig report and agrees that the project is geotechnically feasible with mitigation. This impact is potentially significant, but would be reduced to a less-thansignificant level by implementing the following mitigation measures.
MITIGATION:
MM - Geology and Soils - 1) Prior to approval of a Site Development Permit, the project Civil Engineer shall generate a grading and drainage plan depicting all cuts and fills, and surface and subsurface drainage features.
MM – Geology and Soils – 2) Prior to approval of a building permit the Project Geotechnical Consultant shall perform a design-level geotechnical investigation that includes foundation, retaining wall, grading and drainage recommendations.
MM – Geology and Soils – 3) Structural plans shall be submitted that reflect the recommendations of the geotechnical consultant.
Sources: 11,19,20
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
VII. GREENHOUSE GAS EMISSIONS -- Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing
the emissions of greenhouse gases?
DISCUSSION:
a-b) Construction of the proposed project would generate short term emissions. Emissions would primarily originate from mobile and stationary construction equipment exhaust, as well as employee and haul truck vehicle exhaust. Minimal grading work is expected for the construction of the new improvements. Delivery trucks and debris removal trucks are expected; because construction emission sources would cease once construction is complete, they are considered short-term. Therefore, the proposed project would have no impact on greenhouse gas emissions.
MITIGATION: None
Sources: 9
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
VIII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project:
a) Create a significant hazard to the public or
the environment through the routine transport,
use, or disposal of hazardous materials?
b) Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous materials
into the environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile
of an existing or proposed school?
d) Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the project result
in a safety hazard for people residing or
working in the project area?
f) For a project within the vicinity of a private
airstrip, would the project result in a safety
hazard for people residing or working in the
project area?
g) Impair implementation of or physically
interfere with an adopted emergency response
plan or emergency evacuation plan?
h) Expose people or structures to a significant
risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent
to urbanized areas or where residences are
intermixed with wildlands?
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
DISCUSSION:
a-h) The proposed project does not produce a hazard or hazardous waste and will have no foreseeable impact related to Hazards and Hazardous Materials. The site is not located in an identified location according to CA Government Code 65962.5. Therefore, the proposed project would have no impact on hazards and hazardous materials.
MITIGATION: None
Sources: 12
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
IX. HYDROLOGY AND WATER QUALITY -- Would the project:
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater
table level ( e.g., the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or
planned uses for which permits have been
granted)?
c) Substantially alter the existing drainage
pattern of the site or area, including through the
alteration of the course of a stream or river, in a
manner which would result in substantial erosion
or siltation on- or off-site?
d) Substantially alter the existing drainage
pattern of the site or area, including through the
alteration of the course of a stream or river, or
substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or off-site?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 100-year flood hazard
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other
flood hazard delineation map?
h) Place within a 100-year flood hazard area
structures which would impede or redirect flood
flows?
i) Expose people or structures to a significant
risk of loss, injury or death involving flooding,
including flooding as a result of the failure of a
levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
DISCUSSION:
a-j) No drainage courses or drainage patterns will change due to the two lot subdivision. The subdivision project does not include any new storm drain facilities. A grading and drainage plan will be implemented at the time of construction of the two new residences. Future drainage on the property is proposed to be contained onsite in a storm drain detention and infiltration basin. Therefore, the proposed project would have no impact on hydrology and water quality.
MITIGATION: none
Sources: 2,13
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
X. LAND USE AND PLANNING -- Would the project:
a) Physically divide an established
community?
b) Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project ( including, but
not limited to the general plan, specific plan,
local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat
conservation plan or natural community
conservation plan?
DISCUSSION:
a, b & c) The proposed project would not divide an established community as it would occur within an area that has historically been used for residential use. The project site is not located within any applicable habitat conservation plan or natural community conservation plan. The property is not part of an adopted habitat conservation plan or natural community conservation plan. The proposed project is consistent with Land Use designations resulting in no impact.
MITIGATION: None
Sources: 4,5,6
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
XI. MINERAL RESOURCES -- Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
b) Result in the loss of availability of a
locally-important mineral resource recovery
site delineated on a local general plan, specific
plan or other land use plan?
DISCUSSION:
a-b) The proposed project will not result in the loss of mineral resources. The project is not located in an area known for valued minerals. Therefore, the proposed project would have no impact on mineral resources.
MITIGATION: None
Sources: 5,6
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
XII. NOISE -- Would the project:
a) Exposure of persons to or generation of
noise levels in excess of standards established
in the local general plan or noise ordinance, or
applicable standards of other agencies?
b) Exposure of persons to or generation of
excessive groundborne vibration or
groundborne noise levels?
c) A substantial permanent increase in
ambient noise levels in the project vicinity
above levels existing without the project?
d) A substantial temporary or periodic
increase in ambient noise levels in the project
vicinity above levels existing without the
project?
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the project expose
people residing or working in the project area
to excessive noise levels?
f) For a project within the vicinity of a private
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels?
DISCUSSION:
a-c) The Town of Portola Valley Noise Ordinance stipulates that non-transportation generated noise levels are to be held to 50 Leq and 65 Lmax at an exterior residential receiver during daytime hours of 7:00 am to 10:00 pm. No excessive noise is expected with this project therefore the proposed project would have no impact on noise.
d) Temporary construction noise will occur during the daytime hours and regulated under the Town’ s Construction Noise Ordinance No. 2009-380 which institutes hours to prevent unnecessary disturbances while still allowing reasonable times for construction from Monday – Friday 8:00 am to 5:30 pm. With the Town’ s Ordinance regulating construction noise this impact is less-thansignificant on noise.
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
e-f) The project site is not located within an airport land use plan or within two miles of a public airport or public use airport or within the vicinity of a private airstrip. Therefore, there would be no impact associated with the aircraft noise.
MITIGATION: none
Sources: 5,6
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
XIII. POPULATION AND HOUSING -- Would the project:
a) Induce substantial population growth in an
area, either directly ( for example, by
proposing new homes and businesses) or
indirectly ( for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
DISCUSSION:
a-c) The proposed project will not have a significant impact on population or housing. The existing residence located on Parcel A will be demolished and replaced with a new residence. Parcel B contains one building site for a new single family home. Therefore the proposed project would have no impact on population and housing.
MITIGATION: None
Sources: 3,4,5
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
XIV. PUBLIC SERVICES -- Would the project:
a) Would the project result in substantial
adverse physical impacts associated with the
provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or
other performance objectives for any of the
public services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
DISCUSSION:
a) The proposed project will not have a foreseeable impact on any public service or facility.
Therefore, the proposed project would have no impact on public services.
MITIGATION: None
Sources: 3
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
XV. RECREATION -- Would the project:
a) Would the project increase the use of
existing neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities, which
might have an adverse physical effect on the
environment?
DISCUSSION:
a-b) The two lot subdivision will not increase the need for additional recreational facilities. Only one new home will result from this project. The proposed project would not include new or expanded Town or County park facilities. Therefore, the proposed project would have no impact on recreation.
MITIGATION: None
Sources: 4,5,6
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
XVI. TRANSPORTATION/ TRAFFIC -- Would the project:
a) Conflict with an applicable plan, ordinance
or policy establishing measures of
effectiveness for the performance of the
circulation system, taking into account all
modes of transportation including mass transit
and non-motorized travel and relevant
components of the circulation system,
including but not limited to intersections,
streets, highways and freeways, pedestrian
and bicycle paths, and mass transit?
b) Conflict with an applicable congestion
management program, including, but not
limited to level of service standards and travel
demand measures, or other standards
established by the county congestion
management agency for designated roads or
highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels or
a change in location that results in substantial
safety risks?
d) Substantially increase hazards due to a
design feature ( e.g., sharp curves or dangerous
intersections) or incompatible uses ( e.g., farm
equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or
programs regarding public transit, bicycle, or
pedestrian facilities, or otherwise decrease the
performance or safety of such facilities?
DISCUSSION:
a)The Portola Valley General Plan Circulation Element does not contain any policies establishing measures of effectiveness for the performance of the circulation system. The project includes a minimal amount of road widening on Los Trancos Road, as such, there would be no impact. b) The addition of one new home created by this subdivision will not increase traffic beyond service standards. As such, there would be no impact on traffic.
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
c) No components of the proposed project have the potential to impact air traffic patterns. As such, the proposed project would not lead to an increase in air traffic and would have no impact on this mode of travel.
d) The proposed street widening on Los Trancos will improve the street to Town standards. As such, the proposed project would not increase hazards due to a design feature and would have no impact. e) The proposed project would not modify the surrounding roadway network nor would it significantly increase traffic, the proposed project would have no impact on emergency access. f) Each home constructed within this subdivision will be required to have adequate parking for a single family home. Therefore there would be no impact to parking capacity. g) The proposed project would not conflict with adopted policies, plans or programs regarding public transit and therefore would have no impact to public transportation.
MITIGATION: None
Sources: 1,3,5
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
XVII. UTILITIES AND SERVICE SYSTEMS -- Would the project:
a) Exceed wastewater treatment requirements
of the applicable Regional Water Quality
Control Board?
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the
construction of which could cause significant
environmental effects?
c) Require or result in the construction of new
storm water drainage facilities or expansion of
existing facilities, the construction of which
could cause significant environmental effects?
d) Have sufficient water supplies available to
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed?
e) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to
serve the project’ s projected demand in
addition to the provider’ s existing
commitments?
f) Be served by a landfill with sufficient
permitted capacity to accommodate the
project’ s solid waste disposal needs?
g) Comply with federal, state, and local
statutes and regulations related to solid waste?
DISCUSSION:
Water demand and wastewater discharge generated by the proposed project would be accommodated through the Town’ s existing water supply, sanitary sewer, and wastewater treatment infrastructure.
The project will connect to the existing sewer main located in Los Trancos Road and the existing onsite wastewater treatment system (OWTS) septic tank for the existing home will be abandoned. As such, the proposed project would not require the expansion of existing facilities. Therefore; the proposed project would have no impact on utilities and service systems MITIGATION: None
Sources: 1,3,14
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE -- Would the project:
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (" Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects)?
c) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
DISCUSSION:
a-c) The proposed project would result in short term impacts on aesthetics, air quality, biologic resources, cultural resources, geology and soils and hydrology. However, in each case, mitigation measures have been identified that would reduce all potentially significant impacts to a less-than-significant level. Additionally, the proposed project will not result in a negative impact to the environment, wildlife, plant or historical resource. The project does not have any foreseeable cumulative or unmitigated impacts as defined in this Initial Study.
MITIGATION: None
Sources: 1-20
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
SOURCE LIST:
1. Field Inspection
2. Project Plans
3. Planner’ s Knowledge of the Area
4. Portola Valley Land Use and Zoning Map
5. Portola Valley General Plan
6. Portola Valley Municipal Code
7. Assessor’ s Maps, Office of County Assessor, San Mateo County
8. State Department of Conservation, Farmland Mapping and Monitoring Program 2016.
9. BAAQMD CEQA Guidelines: Assessing the Air Quality Impacts of Projects and Plans.
10. State Department Fish and Game CNDDB Map
11. Geotechnical and Seismic Hazard Zones Map of Town of Portola Valley, Cotton Shires and Associates, 2010
12. DTSC Hazardous Waste and Substance Sites List, California Environmental Protection Agency
13. Federal Emergency Management Agency, Flood Insurance Rate Map, October 16, 2012.
14. Sanitary Sewer Map, West Bay Sanitary Sewer District
15. California Health and Safety Code Section 7050.5
16. CEQA Guidelines, 2016
17. Google Earth
18. Kielty Arborist Services report dated May 2, 2017
19. Romig Enginers, Geotechnical Feasibility Investigation, dated March 4, 2016
20. Cotton, Shires Associates, Geotechnical Peer Review dated June 28 2016.
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Mitigation Measures
MM – Aesthetics – 1) The ASCC shall review any proposed tree replacement planting that compensates for the removal of significant oak trees up to a 2:1 ratio. Any required replacement planting shall be completed with the site development permit of any new residences within the subdivision. Replacement trees shall be planted prior to final inspection of the new residences.
MM – Air Quality – 1) Water all exposed surfaces ( e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) two times per day; MM – Air Quality – 2) Cover all haul trucks transporting soil, sand, or other loose materials off-site; MM – Air Quality – 3) Wash all trucks and equipment, including tires, prior to leaving the site; MM – Air Quality - 4) Use wet power vacuum street sweepers at least once per day to remove all visible mud or dirt track-out adjacent to Los Trancos road (dry power sweeping is prohibited); MM – Air Quality – 5) Vehicle Speeds on unpaved roads shall not exceed 15 miles per hour; MM – Air Quality – 6) Pave all roadways, driveways, and sidewalks as soon as possible and lay all building pads as soon as possible after grading unless seeding or soil binders are used; MM – Air Quality – 7) Suspend excavation and grading activities when average wind speeds exceed 20 miles per hour;
MM – Air Quality – 8) Minimize idling time to five minutes and post signs reminding workers of this idling restriction at project access points and equipment staging areas.
MM – Air Quality – 9) Require certified mechanic to check and determine that all equipment is running in proper condition prior to construction operations; MM – Air Quality – 10) Properly maintain and tune all construction equipment in accordance with manufacturer’ s specifications’
MM – Air Quality – 11) Post a publicly visible sign with the telephone number and person to contact at the Portola Valley Department of Public Works regarding dust complaints. The Department of Public Works shall respond and take corrective action within 48 hours. The publicly visible sign shall also include the contact phone number for the Bay Area Ai8r Quality Management District to ensure compliance with applicable regulations.
MM – Biologic Resources – 1) To the extent feasible, construction activities should be scheduled to avoid the nesting season. If construction activities are scheduled to take place outside the nesting season, all impacts to nesting birds protected under the MBTA and California Fish and Game Code shall be avoided. The nesting season for most birds in San Mateo County extends from February 1 through August 31.
MM – Biologic Resources – 2) If it is not possible to schedule construction activities between September 1 and January 31, then pre-construction surveys for nesting birds shall be conducted by a qualified ornithologist to ensure that no nests will be disturbed during Project implementation. These
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
surveys shall be conducted no more than seven days prior to the initiation of construction activities.
During this survey, the ornithologist shall inspect all trees and other potential nesting habitats ( e.g., trees, shrubs, ruderal grasslands, buildings) in and immediately adjacent to the impact areas for nests.
If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist shall determine the extent of a construction-free buffer zone to be established around the nest ( typically 300 ft for raptors and 100 ft for other species), to ensure that no nests of species protected by the MBTA and California Fish and Game Code will be disturbed during Project implementation.
MM – Biologic Resources – 3) If construction activities will not be initiated until after the start of the nesting season, all potential nesting substrates ( e.g., bushes, trees, grasses, and other vegetation) that are scheduled to be removed by the Project be removed prior to the start of the nesting season ( e.g., prior to February 1). This will preclude the initiation of nests in this vegetation, and prevent the potential delay of the Project due to the presence of active nests in these substrates.
MM – Cultural Resources – 1) The applicant shall ensure the construction specifications include a stop work order if human remains are discovered during construction activities. There shall be no further excavation or disturbance of the site within a 50 foot radius of the location of such discovery, or any nearby area reasonably suspected to overlie adjacent remains. The San Mateo County Coroner shall be notified and will make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, s/he shall notify the Native American Heritage Commission, which will attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this state law, then the landowner shall re inter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance.
MM - Geology and Soils - 1) Prior to approval of a Site Development Permit, the project Civil Engineer shall generate a grading and drainage plan depicting all cuts and fills, and surface and subsurface drainage features.
MM – Geology and Soils – 2) Prior to approval of a building permit the Project Geotechnical Consultant shall perform a design-level geotechnical investigation that includes foundation, retaining wall, grading and drainage recommendations.
MM – Geology and Soils – 3) Structural plans shall be submitted that reflect the recommendations of the geotechnical consultant.
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Mitigation Monitoring Program
40 Firethorn Way, Tentative Parcel Map
Mitigation Measure Responsible
Department
Must Be
Completed By
Done
MM – Aesthetics – 1) The ASCC shall review
any proposed tree replacement planting that
compensates for the removal of significant oak
trees up to a 2:1 ratio. Any required replacement
planting shall be completed with the site
development permit of any new residences
within the subdivision. Replacement trees shall
be planted prior to final inspection of the new
residences.
Planning
Department
Prior to final
inspection of
individual
homes.
MM – Air Quality – 1) Water all exposed
surfaces ( e.g., parking areas, staging areas, soil
piles, graded areas, and unpaved access roads)
two times per day;
Building
Department
During
construction
MM – Air Quality – 2) Cover all haul trucks
transporting soil, sand, or other loose materials
off-site;
Building
Department
During
construction
MM – Air Quality – 3) Wash all trucks and
equipment, including tires, prior to leaving the
site;
Building
Department
During
construction
MM – Air Quality - 4) Use wet power vacuum
street sweepers at least once per day to remove
all visible mud or dirt track-out adjacent to Los
Trancos road (dry power sweeping is prohibited);
Building and
Public
Works
Department
During
construction
MM – Air Quality – 5) Vehicle Speeds on
unpaved roads shall not exceed 15 miles per
hour;
Building
Department
During
construction
MM – Air Quality – 6) Pave all roadways,
driveways, and sidewalks as soon as possible and
lay all building pads as soon as possible after
grading unless seeding or soil binders are used;
Building
Department
During
construction
MM – Air Quality – 7) Suspend excavation and
grading activities when average wind speeds
exceed 20 miles per hour;
Building
Department
During
construction
MM – Air Quality – 8) Minimize idling time to
five minutes and post signs reminding workers of
this idling restriction at project access points and
equipment staging areas.
Building
Department
During
construction
MM – Air Quality – 9) Require certified
mechanic to check and determine that all
equipment is running in proper condition prior to
construction operations;
Building
Department
During
construction
MM – Air Quality – 10) Properly maintain and Building During
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Mitigation Measure Responsible
Department
Must Be
Completed By
Done
tune all construction equipment in accordance
with manufacturer’ s specifications’
Department construction
MM – Air Quality – 11) Post a publicly visible
sign with the telephone number and person to
contact at the Portola Valley Department of
Public Works regarding dust complaints. The
Department of Public Works shall respond and
take corrective action within 48 hours. The
publicly visible sign shall also include the contact
phone number for the Bay Area Ai8r Quality
Management District to ensure compliance with
applicable regulations.
Public
Works
Department
During
Construction
MM – Biologic Resources – 1) To the extent
feasible, construction activities should be
scheduled to avoid the nesting season. If
construction activities are scheduled to take place
outside the nesting season, all impacts to nesting
birds protected under the MBTA and California
Fish and Game Code shall be avoided. The
nesting season for most birds in San Mateo
County extends from February 1 through August
31. Planning
Department
Prior to start of
construction
MM – Biologic Resources – 2) If it is not
possible to schedule construction activities
between September 1 and January 31, then preconstruction surveys for nesting birds shall be conducted by a qualified ornithologist to ensure
that no nests will be disturbed during Project
implementation. These surveys shall be
conducted no more than seven days prior to the
initiation of construction activities. During this
survey, the ornithologist shall inspect all trees
and other potential nesting habitats ( e.g., trees,
shrubs, ruderal grasslands, buildings) in and
immediately adjacent to the impact areas for
nests. If an active nest is found sufficiently close
to work areas to be disturbed by these activities,
the ornithologist shall determine the extent of a
construction-free buffer zone to be established
around the nest ( typically 300’ for raptors and
100’ for other species), to ensure that no nests of
species protected by the MBTA and California
Fish and Game Code will be disturbed during
Project implementation.
Planning
Department
During
construction
MM – Biologic Resources – 3) If construction
activities will not be initiated until after the start
Planning
Department
Prior to start of
construction
Town of Portola Valley
40 Firethorn Way
Tentative Parcel Map
DRAFT Initial Study
December 6, 2017
Mitigation Measure Responsible
Department
Must Be
Completed By
Done
of the nesting season, all potential nesting
substrates ( e.g., bushes, trees, grasses, and other
vegetation) that are scheduled to be removed by
the Project be removed prior to the start of the
nesting season ( e.g., prior to February 1). This
will preclude the initiation of nests in this
vegetation, and prevent the potential delay of the
Project due to the presence of active nests in
these substrates.
MM – Cultural Resources – 1) The applicant
shall ensure the construction specifications
include a stop work order if human remains are
discovered during construction activities. There
shall be no further excavation or disturbance of
the site within a 50 foot radius of the location of
such discovery, or any nearby area reasonably
suspected to overlie adjacent remains. The San
Mateo County Coroner shall be notified and will
make a determination as to whether the remains
are Native American. If the Coroner determines
that the remains are not subject to his authority,
s/he shall notify the Native American Heritage
Commission, which will attempt to identify
descendants of the deceased Native American. If
no satisfactory agreement can be reached as to
the disposition of the remains pursuant to this
state law, then the landowner shall re inter the
human remains and items associated with Native
American burials on the property in a location
not subject to further subsurface disturbance.
Planning
Department
Prior to
completion of
Project
MM - Geology and Soils - 1) Beneath all
hardscape and structures, only non-expansive
import or non-expansive site earth materials may
be utilized for the construction of engineered fill.
Site expansive earth materials are not approved
for placement beneath pavement areas or site
structures.
Building
Department
At time of submission of
building permit
RESOLUTION NO. 2018 - 02
RESOLUTION OF THE TOWN OF PORTOLA VALLEY
PLANNING COMMISSION APPROVING THE
TENTATIVE PARCEL MAP
FOR YLCL INVESTMENTS, LLC FILE X6D- 218
WHEREAS, YLCL Investments, LLC submitted an application for a Tentative Parcel Map for a two lot subdivision to divide 11. 012 acres into two parcels; and WHEREAS, the Architectural and Site Control Commission held a duly noticed public hearing on November 13, 2017 to consider the Tentative Parcel Map and the Initial Study and Mitigated Negative Declaration for the YLCL Investments LLC two -lot subdivision and, to carefully consider the record and all of the information, documents and comments received; and WHEREAS, the Planning Commission held a duly noticed public hearing on December 20, 2017 and January 17, 2018 to consider the Tentative Parcel Map and Initial Study and Mitigated Negative Declaration and the entire record of proceedings, including staff reports and public comment; and
NOW, THEREFORE, the Planning Commission of the Town of Portola Valley does hereby RESOLVE as follows:
The Planning Commission shall deny approval of the tentative map if it makes any of the following findings regarding the Tentative Parcel Map.
1. That the proposed map is not consistent with the general plan, any specific plans, and Title 18 of this code;
The proposal is to subdivide 11 acres into two parcels to accommodate one new building site. The site is designated in the general plan for residential use and the minimum required parcel area is set at 3. 5 acres. The proposed lots would both exceed the required minimum parcel area and would be for residential use as provided for in both the general plan and zoning ordinance. As such the proposed subdivision is consistent with the general plan.
2. That the design or improvement of any proposed subdivision is not consistent with the general plan, any specific plans, and Title 18 of this code; The design of this two -lot subdivision is consistent with the general plan and the Alpine Road Scenic Corridor Plan. The improvements for the subdivision consist of road widening along Los Trancos Road and a water line extension to meet Woodside Fire Department standards for hydrant locations. Conditions of approval would ensure that future development on the parcels would occur in compliance with applicable policies of the general plan and zoning ordinance. In addition, the design of the proposed subdivision would result in two lots that would be suitable for residential development in compliance with the zoning ordinance.
3. That the site is not physically suitable for the type of development, The site is physically suited for the proposed density of development. One new residence will result from this subdivision and a potential building site and driveway meeting zoning requirements has been shown on the tentative parcel map. As such the site is adequate to support the proposed subdivision subject to the implementation of the proposed mitigation measures in the Initial Study/ Mitigated Negative Declaration.
4. That the site is not physically suitable for the proposed density of development; The subject parcel is located within the R- E/ 3. 5/ SD- 2/ DR zoning district. This residential estate district requires a minimum parcel area of 3.5 acres with required parcel area increasing based on slope density zoning requirements. Both parcels meet this requirement and are physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
As summarized in the Initial Study/ Mitigated Negative Declaration any potential impacts that could result from the proposed subdivision and subsequent future development are mitigated to less than significant levels by incorporation of the mitigation measures and monitoring into the project' s conditions of approval. The project would not cause substantial environmental damage or injure fish or wildlife or their habitat.
6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
The design of the subdivision would not cause serious public health problems. As discussed in the Initial Study and Mitigated Negative Declaration adequate services are available to serve the subdivision and the project would not create any hazardous situations that could lead to public health problems.
That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the planning commission may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This paragraph shall apply only to easements of record or to easements established by judgment of a court of competentjurisdiction.
No easements acquired by the public at large for access through the property exist within the boundary of the subdivision.
Tentative Parcel Map X6D-218 is hereby granted for the YLCL Investment, LLC subject to conditions attached hereto as Attachment A and incorporated herein by the reference.
PASSED AND ADOPTED at the regular meeting of the Planning Commission of the Town of Portola Valley on January 17, 2018.
By:
penise Ibert, Chairperson
ATTEST: " A" , 4::
Arly Cassidy, Interim Planning Director
ATTACHMENT A
Approval of the Tentative Parcel Map is subject to the following conditions:
Recommended Conditions of Approval
for a Two -Lot Subdivision
40 Firethorn Way, YLCL Investments, File # X6D- 218
PLANNING DEPARTMENT
1. The final subdivision map and final improvement plans shall be consistent with the Tentative Map.
2. No other modifications to the approved plans are allowed except as otherwise first reviewed and approved by the Planning Director, the ASCC and Planning Commission, depending on the scope of the changes.
3. The subdivision improvement plans and the subdivision improvement agreement shall be covered by bonds or other sureties as called for in the subdivision ordinance and required by the Public Works Director and Town Attorney. Further, specific time frames for completion of work shall be provided for in the subdivision improvement agreement.
4. The subdivider ( or any successor) shall defend, indemnify and hold harmless the town, its agents, officers and employees from any claim, action or proceeding against the town, its agents, officers and employees to attack, set aside, void or annul approval of the subdivision. Pursuant to this condition, the town shall promptly notify the subdivider of any claim, action or proceeding regarding the subdivision and the town shall cooperate fully in the defense of such claim, action or proceeding.
5. The site shall be annexed into the West Bay Sanitary District and the design and location of the sanitary sewers shall be to the satisfaction of the district and the public works director.
Parcels A and B shall connect to the sanitary sewer.
6. The existing septic tank system shall be abandoned to the satisfaction of the health department, and this abandonment shall be provided for in the subdivision improvement plans and improvement agreement.
7. The subdivision improvement plans shall show the water line extension necessary to meet the Fire Department conditions.
8. The subdivision improvement plans shall show sewer lateral extensions to serve each parcel.
9. All conditions contained within the arborist letter dated May 2, 2017 prepared by Kielty Arborist Services shall be implemented.
10. The following fees shall be paid as required by the subdivision ordinance: park and recreation fees per Section 17. 20. 200, storm drainage fees per Section 17. 48. 090, and affordable housing in -lieu fees per Section 17. 20. 215.
11. A cash deposit, certificate of deposit, or letter of credit in the name of the town to the satisfaction of the town attorney in an amount not less than 5% of the cost of the subdivision improvements shall be deposited with the town before approval of the final map, so this money is available to the town upon demand to correct an error made by the applicant while constructing the subdivision improvements that cause environmental damage. If the deposit is drawn upon by the town, it must be replenished before work on the subdivision improvements can continue.
The deposit will be released upon completion of the warranty period for the subdivision.
12. All mitigation measures contained in the Initial Study/ Mitigated Declaration shall be met and are a part of the conditions of approval.
ENGINEERING/ PUBLIC WORKS DEPARTMENT:
13. All items listed in the most current " Public Works & Engineering Department Site Development Standard Guidelines and Checklist' shall be reviewed and met. Completed and signed checklists by the project architect or engineer will be submitted with building plans. This document is available on the Town website.
14. All items listed in the most current " Public works & Engineering Department Pre -Construction Meeting for Site Development' shall be reviewed and understood. Document is available on the Town website.
15. Any revisions to the plan permit set shall be resubmitted for review. The revised items must be highlighted on the plans and each item listed on letterhead.
16. Subdivision project shall be in accordance with all Town Municipal Codes ( see Chapter 17 also), State, and Country requirements.
17. Geotechnical Plan Review - The geotechnical consultant shall review and approve all geotechnical aspects of the project building and grading plans ( i. e., site preparation and grading, drainage improvements, and design parameters for foundations) to ensure that their recommendations have been incorporated. The results of the plan review shall be summarized by the geotechnical consultant in a letter and submitted to the Town Engineer for review and approval prior to issuance of building permits.
18. The geotechnical consultant shall inspect, test and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the place3ment of steel and concrete. The results of these inspections and the as -built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the Town Engineer for review prior to final granting of occupancy) project approval.
19. A report by a Geotechnical Engineer shall be submitted with the subdivision improvement plans and reviewed by the Town Geologist and Town Engineer to document the stability of the hillside graded slope at Los Trancos Road.
FIRE DEPARTMENT:
20. Fire hydrants shall be installed so that they are located within 500 feet of any front door on Parcel A and B measured on a drivable roadway and capable of producing 1, 000 GPM.
RESOLUTION 2022-4
RESOLUTION OF THE PLANNING COMMISSION OF THE
TOWN OF PORTOLA VALLEY CERTIFYING CONFORMANCE OF THE
FINAL PARCEL MAP WITH THE TENTATIVE PARCEL MAP
FOR 40 FIRETHORN WAY
WHEREAS, the Town of Portola Valley Planning Commission approved the Tentative Parcel Map for the property commonly known as 40 Firethorn Way on January 17, 2018; and
WHEREAS, YLCL Investments, LLC., the Applicant, submitted a Final Parcel Map that conformed with the Tentative Parcel Map; and
WHEREAS, Town staff has reviewed the proposed Final Parcel Map, attached hereto as Exhibit A, and finds it to be technically correct and that all applicable conditions of approval have been satisfied; and
WHEREAS, The Planning Commission held a meeting on September 7, 2022 where the Tentative Map and Final Map were shown and compared in the presentation.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the Town of Portola Valley as follows:
1. The location and configuration of the lots to be created by this Final Parcel Map comply with the previously approved Tentative Parcel Map; and
2. The Final Parcel Map is categorically exempt from the California Environmental Quality Act (CEQA), Statutory Exemptions Title 14 of the California Code of Regulations Section 15268, (b) (3) Ministerial projects, approval of final subdivision maps; and
3. The Planning Commission of the Town of Portola Valley hereby certifies the Final Parcel Map, attached hereto as Exhibit A, conforms with the Tentative Parcel Map; and
4. Directs the Town Clerk to transmit the Final Parcel Map to the Town Council for review.
PASSED AND ADOPTED by the Planning Commission of the Town of Portola Valley this 7th day of September 2022.
By: ____________________________
Planning Commission Chair
Attest: _______________________________
Planning & Building Director
DocuSign Envelope ID: CA3BD950-FCE0-44BF-BAF1-AFA534C98A5E
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
ATTEST: ----------- Town Clerk
SUBDIVIDER:
YLCL INVESTMENTS, LLC.
Dated: October ___, 2022.
- .
TOWN OF PORTOLA VALLEY:
By: __________ _
Mayor
NOTE:
FOR CONSTRUCTION STAKING
SCHEDULING OR QUOTATIONS
PLEASE CONTACT GREG BRAZE
AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]
INSPECTIONS REQUIRED
THE TOWN OF PORTOLA VALLEY REQUIRES LEA & BRAZE
ENGINEERING, INC. TO INSPECT ALL STORM DRAINAGE AS IT
IS INSTALLED. IT IS THE CONTRACTOR'S RESPONSIBILITY TO
CONTACT LEA & BRAZE ENGINEERING, INC. PRIOR TO START
OF CONSTRUCTION TO SET UP A PRE-CONSTRUCTION
MEETING, AND TO CALL AT LEAST 48 HOURS IN ADVANCE OF
ANY INSPECTIONS. PIPES ARE TO REMAIN UNCOVERED
UNTIL AN INSPECTION PERFORMED BY LEA & BRAZE
ENGINEERING, INC. OCCURS.
POINT OF CONTACT:
PETER CARLINO
LEA & BRAZE ENGINEERING, INC.
(510)887-4086 [email protected]
NOTE:
FOR CONSTRUCTION STAKING
SCHEDULING OR QUOTATIONS
PLEASE CONTACT ALEX ABAYA
AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]
INSPECTIONS REQUIRED
THE TOWN OF PORTOLA VALLEY REQUIRES LEA & BRAZE
ENGINEERING, INC. TO INSPECT ALL STORM DRAINAGE AS IT
IS INSTALLED. IT IS THE CONTRACTOR'S RESPONSIBILITY TO
CONTACT LEA & BRAZE ENGINEERING, INC. PRIOR TO START
OF CONSTRUCTION TO SET UP A PRE-CONSTRUCTION
MEETING, AND TO CALL AT LEAST 48 HOURS IN ADVANCE OF
ANY INSPECTIONS. PIPES ARE TO REMAIN UNCOVERED
UNTIL AN INSPECTION PERFORMED BY LEA & BRAZE
ENGINEERING, INC. OCCURS.
POINT OF CONTACT:
PETER CARLINO
LEA & BRAZE ENGINEERING, INC.
(510)887-4086 [email protected]
NOTE:
FOR CONSTRUCTION STAKING
SCHEDULING OR QUOTATIONS
PLEASE CONTACT ALEX ABAYA
AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]
INSPECTIONS REQUIRED
THE TOWN OF PORTOLA VALLEY REQUIRES LEA & BRAZE
ENGINEERING, INC. TO INSPECT ALL STORM DRAINAGE AS IT
IS INSTALLED. IT IS THE CONTRACTOR'S RESPONSIBILITY TO
CONTACT LEA & BRAZE ENGINEERING, INC. PRIOR TO START
OF CONSTRUCTION TO SET UP A PRE-CONSTRUCTION
MEETING, AND TO CALL AT LEAST 48 HOURS IN ADVANCE OF
ANY INSPECTIONS. PIPES ARE TO REMAIN UNCOVERED
UNTIL AN INSPECTION PERFORMED BY LEA & BRAZE
ENGINEERING, INC. OCCURS.
POINT OF CONTACT:
PETER CARLINO
LEA & BRAZE ENGINEERING, INC.
(510)887-4086 [email protected]
DATUM ELEV
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476.00
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480.00
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TOWN of PORTOLA VALLEY
Town Hall: 765 Portola Road, Portola Valley, CA 94028 ~ Tel: (650) 851-1700 Fax: (650) 851-4677 October 26, 2022
Honorable Amara A. Lee
Judge of the Superior Court
c/o Jenarda Dubois
Hall of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655
Re: Grand Jury Report - “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know”
Honorable Judge Lee,
Thank you for the opportunity to review and comment on the above referenced Grand Jury Report issued on August 9, 2022. Please find the Town of Portola Valley’s response to both the findings and recommendations below.
FINDINGS:
F3. Information about how to access public records requires multiple clicks to find on the city's website, which hinders the public's access to public records.
Response: This information is located in one click from first accessing the homepage of the Town website by hovering over the “I Want To…” tab located on the top ribbon of the page and clicking on “Access Public Records”. This will take the viewer to a webpage detailed in R3 of this response.
F5. The city has no PRA request form online, making public access to public records less efficient.
Response: The respondent agrees with this finding, and subsequent to receiving the August 9, 2022 Grand Jury Report, the Town Clerk created and posted a fillable form on the Town’s website in September 2022, and it is accessible via multiple channels through the website:
• Via the Town Clerk webpage under the sub-header “Records Requests” • Via the “I Want To…” tab listed on the home page
However, it is also worth noting that as of September 2022 the Public Records Act does not require a form for records requests.
RECOMMENDATIONS:
R2. The city council should direct city staff to consider performing a cost/benefit analysis and report back by September 1, 2023, on the purchase of commercially available public records request software.
Response: The recommendation has not been implemented but will be implemented in the future.
Although the current volume of records requests has been properly managed by staff at the time this response was written, the Town Clerk has been researching various vendors of records request software for potential use moving forward. However, the current FY2022-23 budget does not include funds for this software, but may be amended if necessary, or included in the FY2023-24 budget. Staff intends to have quotes for services from vendors by early 2023 and a decision regarding implementation soon thereafter.
2 It is the intention of staff to have records request software in use by September 1, 2023, provided it is cost effective.
R3. By June 30, 2023, the city council should consider directing city staff to place information about how to access public records on the home page of the city’s official website.
Response: This recommendation has been implemented. In September 2022 the Town implemented this feature by creating a webpage accessible from the homepage via the “I Want To…” tab and a link entitled “Access Public Records”. Previously responded-to public records requests are compiled and posted per month and categorized per request.
R4. By June 30, 2023, the city council should direct city staff to review and consider adopting a records management practice analogous to the City of San Mateo's "Records Cleanup Day." Response: This recommendation has been implemented. Staff routinely conducts “quarterly cleanups” where permanent records and records which are due for destruction are identified.
R5. By June 30, 2023, the city council should direct city staff to create, on the city clerk's page of its website, a submittable PRA request form.
Response: The recommendation has been implemented operationally by staff, in response to this report.
The Town Clerk created a fillable form and posted it on the Town website on September 30, 2022. The form is accessible via multiple channels through the website:
• Via the Town Clerk webpage under the sub-header “Records Requests” • Via the “I Want To…” tab listed on the home page
This response to the Grand Jury was approved by the Town of Portola Valley Town Council at a public meeting on October 26, 2022.
Respectfully,
Craig Hughes
Mayor
Town of Portola Valley
2021-22 San Mateo County Civil Grand Jury 1
A Delicate Balance between Knowledge and Power:
Government Transparency and the Public’s Right to Know
Release Date: August 9, 2022
Issue Summary Background Discussion Findings Recommendations Request for Responses Methodology Bibliography Appendices Responses ISSUE
The California Public Records Act requires that inspection or disclosure of governmental records be available to the public upon request. How do the cities in San Mateo County meet the requirements of this Act?
SUMMARY
The California Public Records Act (PRA) is an essential tool for the public to find out what their government agencies are doing. It’s one of the freedom of information laws enacted in every state in the Union to ensure that the public can witness the actions of their governments. The PRA’s purpose is to promote government transparency in California.
Fifteen years ago, the 2006-2007 San Mateo County Civil Grand Jury’s report, “Electronic Communication Among City Officials: A Valuable Tool in Need of Careful Guidance,” addressed the rise in local governments’ use of electronic forms of communication between elected and appointed officials.
1 As it observed, these valuable and efficient tools can quickly disseminate information, and they can constitute public documents subject to public disclosure.
Reviewing that Grand Jury’s report alerted the 2021-2022 San Mateo County Civil Grand Jury to the potential that cities may be facing increased complexity and potential burdens in the processing of requests for public records.
The Grand Jury sought to understand how San Mateo County’s 20 cities respond to PRA requests, including:
Cities’ policies and procedures for handling requests; The types of records requests they receive;
The training of key employees, elected officials, and appointed officials about PRArelated matters; and How legal changes may impact cities with regard to fulfilling PRA requests.
1 2006-2007 San Mateo County Civil Grand Jury, Electronic Communication among City Officials: A Valuable Tool in Need of Careful Guidance
https://sanmateocourt.org/documents/grand_jury/2006/ElectronicCommunicationfinal.pdf, retrieved June 9, 2022.
2021-22 San Mateo County Civil Grand Jury 2
While the PRA does not require cities to adopt a formal policy, the Grand Jury sought to identify the cities that have written policy or procedure documents and the methods cities use to process the public’s requests. It also wanted to learn how key staff keep up to date with changes in PRA law. Failing to comply with these laws can subject a city to litigation and, more importantly, lead to erosion of the public’s trust.
The Grand Jury recommends that city councils of the subject cities should:
1. Consider directing staff to create a written PRA procedures document for circulation to all relevant staff.
2. Consider directing staff to perform a cost/benefit analysis regarding the purchase of commercially available public records request software.
3. Consider directing staff to place information about how to access public records on the home page of their official website.
4. Consider directing staff to create a submittable online PRA request form.
5. Consider directing staff to review and consider adopting a records management practice analogous to the City of San Mateo’s “Records Cleanup Day.”
BACKGROUND
Two centuries ago, James Madison wrote these words:
“A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.”2
He further asserted, “Knowledge [is] the only Guardian of true liberty.”3 John Moss, a California member of the U.S. House of Representatives, used Madison’s quote to generate support for a bill he was introducing in Congress. In 1967, after a 12-year struggle, he was finally successful in passing the Federal Freedom of Information Act (FOIA). It served as the model for California’s similar Public Records Act enacted one year later.
The California Public Records Act was signed into law by Governor Ronald Reagan in 1968 and acknowledges one simple concept – that secrecy is contrary to a democratic system of “government of the people, by the people, and for the people”. Specifically, the PRA declares
2 Letter from James Madison to W.T. Barry (August 4, 1822), in The Writings of James Madison (Gaillard Hunt ed.).
3 Letter from James Madison to George Thomson (June 30, 1825) (on file with The James Madison Papers at The Library of Congress).
2021-22 San Mateo County Civil Grand Jury 3
that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state”.4
Every state has some form of freedom of information law that governs public access to state and local government documents.5 In addition, every state has some form of a “Sunshine Law” or “Open Meetings” law that requires public access to meetings of public legislative bodies.
California’s Ralph M. Brown Act is such a Sunshine Law.6 Passed in 1953, it guarantees the public’s right to attend and participate in meetings of local legislative bodies. The PRA and the Brown Act are California’s primary laws intended to promote government transparency.
What are Public Records?
The PRA defines the term “public records” as any “writing containing information relating to the conduct of the public’s business that is prepared, owned, used, or retained by a state or local agency regardless of physical form or characteristics.”7 Thus, a “writing” is not simply a handwritten or printed document; writings include an ever-broadening range of communications including audio and video recordings, emails, photos, drawings, computer data, and more.8 The agencies that hold these public records, and are subject to the PRA, include every county, city, town, school district, special district, police and fire department, commission, and board in California.9 Certain private entities that carry out public functions using funding from a local agency may also be subject to the PRA. The PRA applies to nearly every public agency one can imagine except for the Legislature and the courts.10
A public record refers to information that has been recorded or maintained by a public agency.
Typical examples of records that the public might request include:
Property records,
Building permits,
Business registrations
Employee compensation information
Financial documents
Code enforcement records
Public works documents, and
Police records.
4 California Government Code, Section 6250 (2021).
5 FOIA Advocates, State Public Records Laws. http://www.foiadvocates.com/records.html Retrieved May 11, 2022 6 CA Govt Code § 54950 et seq.
7 CA Govt Code § 6252(e).
8 CA Govt Code § 6252(g).
9 CA Govt Code § 6252(f). Excluded from the definition of state agency are those agencies provided for in article IV (except section 20(k)) and article VI of the Cal. Constitution. 10 The Legislature has its own sunshine law, Gov. Code, § 1070. Most court records are disclosable under a number of legal decisions and the First Amendment of the U.S. Constitution.
2021-22 San Mateo County Civil Grand Jury 4
Merely addressing a question to a local agency official or employee is not sufficient to constitute a public records request under the PRA. “What time do the lights go off at the neighborhood park?” Or “Why are there so many potholes on my street?” are not public records requests.
However, a request to see the contract for the vendor who installed the lights or paved the street would be a public records request.
The Form of PRA Request
The PRA ensures that all persons must receive equal access to public records. “Persons” can be corporations, partnerships, homeowners’ associations, and the media.11 Simply put, every person has the right to inspect public records, and no one type of person has a greater right of access to public records than any other person.12
Because the intent of the law is to enable easy access to public records, it is expansive in the available ways requests may be made. The request can be made in writing or orally, by physical or electronic means, remotely or in person. Persons making a PRA request are not required to explain the reason for the request.13
Public records are to be open for inspection during office hours at the local agency. To preserve the orderly function of their offices, agencies may establish reasonable policies for the inspection and copying of records. If the request asks for copies of documents, the agency is required to respond within ten days to determine whether they have disclosable records in their possession and to notify the person making the request of that determination. The agency must then make the records “promptly” available.14
An agency may extend the normal ten-day requirement for responding whether it has any disclosable documents for up to 14 additional days under certain circumstances.15 For example, if the agency needs to search through and collect a voluminous number of records or to consult with another agency with an interest in the requested records, such an extension is available.
The agency is required to assist the requester who is having difficulty making a focused and effective PRA request.16 And while the request may be burdensome, that burden alone is not sufficient to justify noncompliance. However, the agency is also not required to perform a “needle in a haystack” search for records.17 Additionally, a PRA request only applies to records that exist at the time of the request, not for records to be created in the future.
11 CA Govt Code § 6252(c); Connell v. Superior Court (Intersource, Inc.) (1997) 56 Cal.App.4th 601. 12 CA Govt Code § 6252.5; Los Angeles Unified School Dist. v. Superior Court (2007) 151 Cal.App.4th 759; Dixon v. Superior Court (2009) 170 Cal.App.4th 1271, 1279.
13 CA Govt Code § 6250; California. Constitution, Article. I, Section 3. 14 CA Govt Code § 6253(c).
15 CA Govt Code § 6253(c)(1-4).
16 CA Govt Code § 6253.1.
17 Cal. First Amend Coalition v. Superior Court (1998) 67 Cal. App. 4 th 159, 166.
2021-22 San Mateo County Civil Grand Jury 5
Widespread Use of Electronic Communications
The public’s business increasingly relies on electronic communications. Email, social media postings, video and audio recordings, and the use of personal devices have created enormous volumes of public records for cities. In a case with broad consequences related to PRA requests, City of San Jose v. Superior Court of Santa Clara County (2017), the California Supreme Court ruled that communications carried out using a personal account or device were disclosable if the communication was related to the conduct of public business.18 For example, such a PRA request might be for all communications between city officials and a vendor that was granted a city-awarded contract. The search for responsive records could include reviewing all the emails, voice mails, and texts between the parties for relevant material, including on officials’ personal devices. This can be problematic since this communication, especially if voluminous, could require attorneys to determine what might be non-disclosable for reasons of privacy or privilege. In Getz v County of El Dorado (2021), a California appeals court ruled that El Dorado County’s unsubstantiated claim that a PRA request was overly broad and burdensome was not a valid reason for denial of records. The court explained that establishing that a request is overly burdensome requires more than the vague prospect of having to review lots of records. The County was ultimately compelled to produce over 40,000 email records.19 Law Enforcement Records
In recent years the most publicized form of an electronic record has been police body-cam footage. Landmark legislation has broadened PRA access to law enforcement records, including a limited subset of these audio and video recordings. On January 1, 2019, SB 1421 became law.
Called the Peace Officers: Release of Records bill, it requires law enforcement agencies to make records (including body-cam footage) related to certain serious officer use of force incidents, sexual assault, and acts of dishonesty available under the PRA.20 Police unions have filed multiple challenges to the law asserting concerns about officers’ privacy, retroactivity of the law, and the cost of producing records.21 These challenges have been consistently denied by courts.22 And in January 2022, SB 16, became effective. This new law now requires additional police disciplinary records, involving allegations of discrimination, unlawful arrest, and cover-ups of excessive force by fellow officers, to be made available under the PRA. 23 18 Latham & Watkins, Client Alert Commentary, https://www.lw.com/thoughtLeadership/california-supreme-courtgovernment-communications-on-private-accounts-are-public, retrieved May 11, 2022. 19 Getz v. The Superior Court, 72 Cal.App.5th 637, 287 Cal. Rptr. 3d 722 (Cal. Ct. App. 2021) https://law.justia.com/cases/california/court-of-appeal/2021/c091337.html, retrieved June 1, 2022. 20 CA Penal Code § 832.7 and § 832.8.
21 Voice of San Diego, A Brief History of Police Challenges. https://voiceofsandiego.org/2019/06/10/brief-historyof-police-challenges-and-losses-sb-1421/, retrieved March 18, 2022. 22 JD Supra, Another SB1421 Decision Against Law Enforcement. https://www.jdsupra.com/legalnews/another-sb1421-decision-against-law-45114/, retrieved March 18, 2022. 23 BBK Attorneys at Law, SB 16 Compliance Expanded Public Access. https://www.bbklaw.com/NewsEvents/Insights/2021/Legal-Alerts/12/SB-16-Compliance-Expanded-Public-Access-to-Law-Enf, retrieved March 18, 2022.
2021-22 San Mateo County Civil Grand Jury 6
Methods of Handling Requests
The PRA does not mandate any specific method for agency handling of records requests. Some local agencies simply monitor the process manually using an internally created document. Many other agencies now use commercially available software that links to information on their public websites. Often marketed to city clerks through professional organizations, such as the City Clerks Association of California, these software applications offer solutions to manage large portions of the PRA request process.
These applications can:
Manage intake of requests through a public portal;
Provide an automated response of receipt to the person making a request; Alert agency staff to deadlines;
Promote coordination across departments;
Gather records and track their production to person making a request; Provide tools to redact information; and
Display and store responsive records.
The software enables anyone making a PRA request to see the status of their request through a portal. It also enables cities to make both the request and the records responsive to the request visible to the public.
Fees
An agency may charge a fee for costs of complying with the PRA, but only for the direct costs of making copies of responsive records – typically a nominal fee per page of paper copies. Since today most records are produced and delivered to the requester electronically, many responsive records are cost-free to the requesting party.
In National Lawyers Guild v. City of Hayward (2019), the California Supreme Court held that an effort by the city to charge $3,000 for labor related to redacting requested bodycam footage was not permissible as a “data extraction” cost.24 With this decision, the Court reaffirmed that local agencies may not charge for ancillary costs such as the labor required to retrieve documents or the inspection and handling of files.25
Voter-approved Propositions Affecting the PRA
In 2004, voters overwhelmingly passed Proposition 59, the “Public Records, Open Meetings Legislative Constitutional Amendment.” It essentially adds a “sunshine” amendment to the Declaration of Rights section of the California Constitution (similar to the U.S. Constitution’s
24 Reporters Committee, National Lawyers Guild v City of Hayward. https://www.rcfp.org/briefscomments/national-lawyers-guild-v-hayward-california-supreme-court, retrieved June 14, 2022. 25 BBK Attorneys at Law, California Public Records Act Update. https://www.bbklaw.com/news-events/insights/2021/legal-alerts/01/california-public-records-act-update, retrieved March 16, 2022.
2021-22 San Mateo County Civil Grand Jury 7
Bill of Rights) stating, “The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.”26 Proposition 42, the “Public Records. Open Meetings. State Reimbursement to Local Agencies.
Legislative Constitutional Amendment” was approved by voters in 2014. It was the result of a dispute over a controversial bill that would stop local governments from being required to follow key provisions of the PRA. The State legislature had considered the bill to be a budget move, since at that time it was required to reimburse local governments for complying with some aspects of records requests. The backlash over the signing of this bill caused the legislature to rescind it and put the matter before the voters as a constitutional amendment. When it passed, by a 62% yes vote, it required local governments to comply with the PRA without being reimbursed by the State for the cost of public access to records.”27 The full financial burden of compliance with the PRA now falls entirely on local governments.
Exemptions
While the PRA states that “the people” have the right to know what their government is doing, clearly circumstances arise where a balance must be achieved between the public interest and individual privacy rights. The PRA contains at least 76 express exemptions, for matters as diverse as library circulation records, copyright protected building plans, and medical and personnel records.
28 In some instances a public document may not be considered exempt but may contain private information such as social security numbers and home addresses. Those specific portions will be redacted before release to the public.
Government Code section 6254 specifies a large number of exemptions under the PRA. Several of the more notable exemptions are listed below:
Records Not in Existence
The agency is under no obligation to create records where none exist; agencies are not required to provide records that may be produced in the future relevant to the original request. Disclosure of records exempted by Federal or other State law Records shielded from disclosure by existing state or federal law, such as individual health records, are not accessible using the PRA.
Public Interest Test and Deliberative Process Privilege Agencies may withhold certain records if they can demonstrate that the public interest served by not disclosing the record clearly outweighs the public interest served by its disclosure.
26 Cal. Const., Art I, § 3, subd. (b)(1)
27 Cal. Const., Art. I, § 3, subd. (b)(7)
28 CA Govt Code § 6254
2021-22 San Mateo County Civil Grand Jury 8
Preliminary Drafts
Preliminary drafts, notes, or memos not normally preserved in the course of business are exempt.
Attorney Client Communications
Confidential communications between lawyers and clients, and attorney work product, are exempt from disclosure.
Pending Litigation
Records pertaining to pending litigation or claims to which a public agency is a party until the litigation or claim has been finally adjudicated or otherwise settled. Personal Information
This exemption is intended to protect the confidentiality of personnel, medical or other similar files which would constitute an unwarranted invasion of personal privacy. Trade Secrets
Businesses engaged in public contracts are not required to disclose their trade secrets in response to a PRA request.
Recourse When Responsive Documents Are Not Produced
If a local agency has unlawfully refused to disclose a public record, a person may ask a judge to enforce their rights under the PRA. This enforcement is primarily through a special, expedited civil judicial process.29 The PRA provides specific relief in the form of court costs and attorneys’ fees when an agency unlawfully denies access or copies of public records.
Conversely, a local agency cannot bring an action for relief to determine its obligation to disclose records.30 That would require the person requesting documents to defend a civil action and discourage them from requesting records in the first place. It would frustrate the central purpose of the act and the constitutional amendments specifically designed to provide access to information.
The PRA is an indispensable tool for the responsible exercise of democracy in California.
Government transparency, accountability and effectiveness depend on how our local agencies handle the information they create and are entrusted with maintaining. A changing legal framework, the ubiquity of electronic records, new communications technologies and the treatment of their related records, and the public’s demonstrated desire for “open government” present significant challenges to the efficient handling of PRA requests for the cities in our county.
29 CA Govt Code § 6258 and 6259.
30 Filarsky v. Superior Court (2002) 28 Cal.4th 419, 426.
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DISCUSSION
As stated above, the PRA applies to all of the public agencies in San Mateo County. To narrow the focus of our investigation, the Grand Jury opted to concentrate on the 20 cities, including their police and other departments, and the committees and commissions formed by those cities.
Survey Respondents
The Grand Jury began by sending a survey to the 20 city managers in the County (a copy of the survey appears in Appendix A). It asked six questions related to the processing of public records requests, policies and procedures used, and the PRA training of staff and officials. In most cases (13 of 20) the responses came from city clerks who are responsible for maintaining a city’s public records. Some of the clerks perform multiple roles for their cities, reflected in some cases (15%) by an additional job title. The following graphic illustrates the various job titles of survey respondents.
In two cities, the city clerk position is determined by public election; in the remainder of the cities, clerks are appointed by the city manager. Our investigation found that the city clerk is typically the official primarily responsible for the acknowledging receipt of a PRA request, tracking it through the city’s internal processes, and delivering correspondence and responsive records to the person submitting the request.31
The Grand Jury conducted follow-up interviews with representatives of all 20 cities, confirming their survey responses and gathering additional information. We asked the cities to provide written documentation of their PRA policies and procedures, if any exist. Fourteen cities replied that they had existing policies or procedures and supplied them to the Grand Jury. We also conducted in-depth interviews with five selected cities.32 These cities were chosen to give us a cross section sample based on city population, method of tracking, and volume of requests. The
31 In one city, the city attorney assumed most of this role, but even there the city clerk was involved in the process. 32 Belmont, Daly City, San Bruno, San Mateo, and South San Francisco
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Grand Jury notes that respondents from all 20 cities were entirely cooperative and knowledgeable about their city’s PRA request procedures.
Documentation of PRA Policies and Procedures
The PRA does not require local agencies to create policies or documentation of how they receive, route, track, and fulfill records requests. When the Grand Jury asked respondents and interviewees to provide documentation describing how they handled PRA requests, we learned that six cities had no such documentation.33 In some cases, the documentation received from the remaining 14 cities was simply a description of the PRA’s requirements (perhaps supplied to staff for training for information). The Grand Jury also received documents such as the city’s internal procedures, as well as some that were formal policies signed and dated by the city manager. In interviews, all respondents could describe their processes.
The documentation received and reviewed by the Grand Jury varied widely. Atherton’s document is a colorful presentation defining the PRA and describing what is and isn’t a public record.
33 Grand Jury survey (December 2021) Belmont, Daly City, Half Moon Bay, Hillsborough, Menlo Park, and Woodside.
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It generally outlines city staff’s role in responding to a request. In contrast, Redwood City’s document is an administrative policy detailing the purpose and scope of how they respond to PRA requests. It notes specific types of records such as political reform act records and requests for electronic communications. It also specifies that the document will be reviewed every two years. Copies of the PRA documentation provided by Atherton and Redwood City can be found in Appendix B.
The Grand Jury noted that some cities relied on an individual staff member (city clerk or city attorney) to respond to records requests. In the event of illness, vacation, resignation or other interruption of service, no documentation exists to guide replacement personnel.
Written PRA policies or procedures provided to the Grand Jury typically covered subjects such as:
The purpose of the PRA;
Resources for PRA training;
The steps in processing a request; and
Specific staff responsibilities.
Website Portals
The Grand Jury found that while cities do receive PRA requests in various ways - submitted inperson at city offices, by telephone, and postal mail - they are most frequently submitted via email. We found that 16 of the 20 city websites included a portal containing a submittable form for the filing of a PRA request and four cities had no such form.34 Every city website somewhere provides instructions on how to make a PRA request. Some have links to those instructions on the home page, but most require steps to navigate to it. In some cases, the Grand Jury found broken links indicating inconsistencies in the level of maintenance of the PRA related pages. Some city websites simply instruct the public to send a public records request to the city clerk and provide contact information including an email address, a phone number, or a physical address at which to file.
34 Belmont, Brisbane, Hillsborough, and Portola Valley.
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Example of Easy and Accessible PRA-Information on a City Website The website for the City of South San Francisco provides easily accessible information regarding PRA requests. The home page includes a “Public Records Request” link.
Clicking on the link brings up a page full of useful titles including how to make a request, the city’s PRA policy, who can make a request, and tips to expedite requests.
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Clicking on “Public Records Request” takes the user to a third-party public records web application where they can search by request reference number, track the status of a previous request, view a public archive, and submit a new request.
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Tracking a Public Records Request
Since the PRA mandates specific deadlines for public agencies to respond to a public records request, the ability to track submissions is vital in order to ensure legal compliance. 35 All cities
informed the Grand Jury that they track PRA requests, utilizing a variety of methods to do so.
Regardless of the specific method used by a city, the workflow is generally as follows.
Ten cities, which were generally smaller and field fewer requests, reported that they track PRA requests manually using an Excel spreadsheet or similar internal document.36 These documents
35 CA Govt Code § 6253(c).
36 Atherton, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Hillsborough, Portola Valley, San Bruno, and Woodside as of May 16, 2022.
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require manual data entry and maintenance by staff. For example, see San Bruno’s spreadsheet at Appendix C. While these cities indicated general satisfaction with their current methods of tracking, one city was actively seeking proposals from commercial software vendors and others were considering doing so. Appendix D shows such a vendor’s proposal.
The ten other cities, including most of the larger ones, use third-party software that automates the handling of PRA requests.37 These cities use one of two software applications.38 In interviews, staff generally expressed satisfaction with both products, citing their effectiveness and efficiency. Pricing of these applications will vary based on the configuration and storage options selected. One city indicated a desire to purchase software but cited the city’s budget constraints.
Another city noted that the cost was prohibitive for a city of their size and volume of requests.
Volume of Requests
Thirteen cities reported receiving more than 100 PRA requests in the past year. Two cities reported receiving fewer than 50 requests, while one city indicated that it received more than 1,600 requests for records. Another city noted a 500% increase from the previous year. All cities reported significant increases in the volume of requests received since the outset of the Covid pandemic.
Subjects of Requested Records
All 20 cities reported that the majority of the PRA requests they received were for routine records such as property-related documents, police records, public works documents, and business registrations. For example, in San Mateo, the City Clerk’s office recorded 1,695 PRA requests in the fiscal year ended June 30, 2021. The largest percentage (46%) were directed to the Community Development Department and typically asked for property records of some kind, including planning applications, building permits, blueprints, inspections, and code violations.
Requests for police records (35%) were the next most frequently requested type of record. The clerk’s office noted that the police department directly receives substantially more requests than come to the clerk through their PRA request software.
Time-Consuming Requests
The Grand Jury learned that a relatively small number of records requests are disproportionately time-consuming to fulfill. In particular, requests for communications records may fall into this category. The request may require a broad search of all relevant communications created and stored on electronic devices, including employees’ cell phones and laptops. Recently, Portola Valley received what was characterized as a “massive” PRA request for “all town communications regarding the housing element since July 1, 2021, including communications among elected officials, staff, consultants or members of the committee, like emails and text
37 Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Carlos, San Mateo, and South San Francisco as of May 16, 2022.
38 GovQA, If You Have a Public Records Problem. https://www.govqa.com/solutions/public-records-software/ Retrieved May 16, 2022, and NextRequest, The All-In-One Open Records Request Platform. https://www.nextrequest.com/, retrieved May 16, 2022.
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messages, including on personal devices.”39 The request was the result of a potential change to the town’s zoning laws to allow for more dense housing in one residential neighborhood.
Several cities reported to the Grand Jury that on rare occasions a disgruntled citizen or exemployee has intentionally crafted a detailed records request intending to be time-consuming and annoying for the city. One respondent reported that the search and review of electronics communications in response to one request took months to complete, due to the number of responsive records and the broad search of multiple devices.
Training
State law does not mandate training for those implementing its provisions. City clerks often attend training through annual City Clerks Association of California conferences and other professional associations.
Half of the cities interviewed by the Grand Jury mandate formal PRA training for their key employees. Others offer training but do not mandate it, while some cities have no formal arrangements for PRA training at all.40 Training, if offered, is conducted by the city attorney. In
39 Angela Swartz, “‘Massive’ public records request escalates battle over Portola Valley's housing element,” Almanac, March 21, 2022.
https://www.almanacnews.com/news/2022/03/21/massive-public-records-request-escalates-battle-over-portolavalleys-housing-element, retrieved June 9, 2022. 40 Burlingame, Portola Valley, and Woodside.
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our investigation, respondents agreed that formal training for key city employees would make the handling of records requests more efficient and consistent.
Twelve cities informed the Grand Jury that they provide PRA training for their appointed and elected officials. This training is also typically provided by the city attorney, sometimes with the assistance of the city clerk. Eight cities reported that they do not offer specific PRA training to such officials, but some noted that their training in Brown Act compliance includes PRA training content.41
While the PRA does not include criminal penalties for noncompliance with its provisions, civil actions, as described earlier, may be filed and cities can be liable for court costs and attorneys’ fees.
Increasing Efficiency in Records Request Processing
Some cities have demonstrated how commonly requested records can be made available to the public without formal PRA requests.
Making public records available online is a convenient and efficient mechanism for both the requester and the municipality. Cities generally do this for many common records, such as meeting agendas for public meetings (which are legally required to be posted publicly).42 At the time of this investigation, some cities, such as San Carlos, also posted many records online.
Using the search term “public records” on the San Carlos city website brings up “Records
41BBK, Attorneys at Law, Summary of the Major Provisions and Requirements of the Ralph M. Brown Act. https://www.bbklaw.com/bbk/media/library/pdf/major-provisions-and-requirements-of-the-brown-act.pdf, retrieved June 9, 2022.
42 CA Govt Code § 54954.2.
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Available Online for Your Easy Access,” which connects to records such as budgets, building permits, and public works documents.
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The Half Moon Bay website offered a “Document Center” containing more than 2,000 city documents going back a decade.
Several cities noted that they often receive requests for the same records repeatedly. For example, this can occur when a sought-after property is offered for sale and brokers, architects, attorneys, and potential buyers are doing their due diligence. Cities using commercially provided software applications, or that post public records as do San Carlos and Half Moon Bay, can reduce the number of such duplicative PRA requests.
Records Management
Proper records management policies and practices facilitate effective compliance with the PRA.
Having better control of these records makes their timely and appropriate production more accurate and efficient. All cities in the County reported having records retention schedules that determine what documents must be retained and for how long. For example, in South San Francisco, leases for city owned properties must be kept in hard copy for the current year plus two-years. Board and commission resolutions must be kept permanently (a copy of the records retention schedule for South San Francisco is at Appendix E).
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The City of San Mateo reported a unique method for encouraging city staff in one element of the effective management of public records. There, the city clerk held a “Records Clean Up Day” (related materials are contained in Appendix F). During this event employees are tasked with:
Reducing the number of duplicate records;
Preparing records for off-site storage;
Imaging and indexing electronic records; and
Identifying electronic records eligible for destruction.
The retention life cycle of various records determined how different categories of documents are handled. The program was designed to create an enjoyable environment around these tedious tasks by employing a food truck, encouraging casual dress, creating contests with prizes, and printing T-shirts commemorating the day. The program included an on-site shred truck, and the city attorney was available for consultation.
In an email to the Grand Jury, a city staffer wrote, “In addition to elevating the employee understanding that these public records are an asset of the city (just like the vac truck, fleet, and streets) …we have a duty to manage and maintain them well; reinforce the policy and procedures we have adopted; and let’s face it, maintaining records can become back burner in the flurry of day-to-day needs and requests. Setting aside time to honor the need, accomplish an objective and then celebrate it – keeps it more in the forefront of the mind and honors the importance of the public’s records.” 43
43 Grand Jury correspondence April 26, 2022.
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Law Enforcement Records
Some cities reported receiving significant numbers of requests for police records. All such requests were forwarded directly to city police departments or the County Sheriff’s Office (for those cities contracting for police services).44 Law enforcement agencies typically employ a records manager tasked with responding to public records requests. In some cities the disposition of these requests was reported back to the city clerk for inclusion in their tracking systems; in others, the city clerk had no knowledge of the status of a police records request. The Grand Jury did not investigate how these requests for law enforcement records were handled in compliance with the PRA. It is of note that most law enforcement records are exempted from the Public Records Act pursuant to Government Code Section 6254(f).
FINDINGS
F1. The city has no written documentation of its PRA policy and internal procedures, making it more likely that requests could be handled inconsistently.
F2. The city uses a commercially available software application that includes a web portal enabling the public to easily request records and track their disposition.
F3. Information about how to access public records requires multiple clicks to find on the city’s website, which hinders the public’s access to public records.
F4. The City of San Mateo implements a Records Cleanup Day with the purpose of increasing employee understanding of the need to effectively maintain public records, thereby improving PRA request responsiveness.
F5. The city has no PRA request form online, making public access to public records less efficient.
RECOMMENDATIONS
R1. The city council should direct city staff to consider and report back by June 30, 2023, on the creation of a written PRA policy or procedures document for circulation to all relevant staff.
R2. The city council should direct city staff to consider performing a cost/benefit analysis and report back by September 1, 2023, on the purchase of commercially available public records request software.
R3. By June 30, 2023, the city council should consider directing city staff to place information about how to access public records on the home page of the city’s official website.
R4. By June 30, 2023, the city council should direct city staff to review and consider adopting a records management practice analogous to the City of San Mateo’s “Records Cleanup Day.”
R5. By June 30, 2023, the city council should direct city staff to create, on the city clerk’s page of its website, a submittable PRA request form.
44 Contracting cities are Half Moon Bay, Millbrae, San Carlos, Woodside, and Portola Valley.
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REQUEST FOR RESPONSES
Pursuant to Penal Code Section 933.05, the Grand Jury requests responses from the selected city and town councils as follows (x):
City F1 F2 F3 F4 F5 R1 R2 R3 R4 R5
Atherton x x x x x
Belmont x x x x x x x x
Brisbane x x x x x x
Burlingame x x
Colma x x
Daly City x x x x
East Palo Alto x x
Foster City x x
Half Moon Bay x x x x x
Hillsborough x x x x x x x
Menlo Park x x x x x
Millbrae x x
Pacifica x x
Portola Valley x x x x x x
Redwood City x x x
San Bruno x x x x x
San Carlos x x
San Mateo x x
South San Francisco x x
Woodside x x x x x
The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda, and open meeting requirements of the Brown Act.
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RESPONSE REQUIREMENTS
California Penal Code Section 933.05, provides (emphasis added):
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall report one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
METHODOLOGY
Through examination of surveys, interviews, the documentation provided by the cities, a demonstration of third-party software, and a site visit, the Grand Jury studied how cities respond to public records requests, and how they keep up with changes in the law.
Survey
The Grand Jury developed an online survey consisting of six questions and a request for copies of their PRA policies and procedures.
The survey was sent to all 20 city managers in the County and various respondents completed the survey.
We then followed up with a brief phone interview to confirm the responses received from those completing the survey, and to request written policy and procedures documents and records retention policies.
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Documents
The Grand Jury reviewed:
Policy and procedure documents from all cities that indicated having them. Records retention policies from several cities.
Proposals and contracts for third-party software received from various vendors Marketing material of third-party software vendors
Research on best practices in records management
Site Tour
GJ conducted a site visit to the San Bruno City Attorney’s office. San Mateo conducted a virtual demonstration of their third-party software.
Interviews
The Grand Jury conducted further interviews with city attorneys, city clerks and city managers based on those with written policies or procedures documents, training of key employees and elected and appointed officials (advisory bodies), number of public records requests received per year, and those with an elected city clerk.
Web Sites
The official websites of the 20 cities in the County were reviewed to assess the ease in locating information relating to public records, the methods of submission of a public records request, as well as users’ direct access to commonly requested public records.
BIBLIOGRAPHY
League of California Cities (Revised April 2017). The People’s Business: A Guide to the California Records Act. Sacramento, CA.
League of California Cities. “Open and Public V: A Guide to the Ralph M. Brown Act.” Accessed May 24, 2022. https://www.calcities.org/docs/default-source/cityattorneys/open-public-v-revised-2016.pdf?sfvrsn=995414c9_3. Best Best & Krieger. “The Engineering of Public Records Processing.” December 2021 Accessed May 24, 2022. https://www.calcities.org/docs/default-source/city-clerks-newlaw-and-elections-seminar---session-materials/the-engineering-of-public-recordsprocessing.pdf. Californians Aware (2004). Top 10 Points to Remember about Exemptions from the California Public Records Act. Carmichael, CA.
GovQA. “Best Practices for Fulfilling Public Records Requests.” Accessed May 11, 2022. www.GovQA.com-best-practices-fulfilling-public-records-requests.
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NextRequest. “Current Issues Affecting Public Records Request Management.” https://www.nextrequest.com/blog/current-issues-affecting-public-records-requestmanagement, accessed May 11, 2022. Stephan A. Barber. “The California Public Records Act: The Public’s Right of Access to governmental Information.” 7 Pac.L.J. (1976). Accessed May 24, 2022. https://scholarlycommons.pacific.edu/cgi/viewcontent.cgi?article=2423&context=mlr California Government Code – GOV Title 1, Division 7, Chapter 3.5, Sections 6250 - 6276.50 Inspection of Public Records.
Ballotpedia. “Transparency Checklist”. https://ballotpedia.org/Transparency_checklist.
Accessed June 7, 2022
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LIST OF APPENDICES
Appendix A – The Grand Jury Survey Results
Appendix B – PRA Policies and Procedures: Atherton and Redwood City Appendix C – San Bruno PRA Request Log
Appendix D – GovQA Proposal for Services
Appendix E – South San Francisco Retention Schedule
Appendix F – City of San Mateo’s Clean-Up Day Staff Plan and Flyer
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APPENDIX A
The Grand Jury Survey Results
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APPENDIX B
PRA Policies and Procedures: Atherton and Redwood City
Atherton: https://www.sanmateocourt.org/documents/grand_jury/2021/Appendix B - PRA PAP Atherton.pdf
Redwood City: https://www.sanmateocourt.org/documents/grand_jury/2021/Appendix B - PRA PAP Redwood City.pdf
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APPENDIX C
San Bruno PRA Request Log
(sample page with requester names removed)
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APPENDIX D
GovQA Proposal for Services
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APPENDIX E
South San Francisco Records Retention Schedule 2016
https://www.sanmateocourt.org/documents/grand_jury/2021/Appendix E - SSF Retention Schedule 2016.pdf
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APPENDIX F
City of San Mateo’s Clean-Up Day Staff Plan and Flyer
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Laura Russell, Planning & Building Director
Brandi de Garmeaux, Assistant to the Town Manager
Ron La France, Consulting Building Official
DATE: October 12, 2022
RE: Introduction of an Ordinance to Adopt the 2022 California Building Standards Code and Local Amendments.
RECOMMENDATION
1. Staff recommends that the Town Council waive the first reading and introduce an ordinance adopting the 2022 California Building Standards Code with local amendments to those codes. (Attachment 1).
2. Staff recommends that the Town Council direct the Sustainability Committee to review, analyze and provide recommendations on updates to the Graywater “Ready” Infrastructure and Reduction of Potable Water Use on Turf requirements with their review of MWELO and other water conservation measures.
BACKGROUND
The California Building Standards Code (California Code of Regulations, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, & 12) is updated and published in its entirety every three years; this is sometimes called the “three year code cycle.” The updated Code is applicable to all buildings and structures that are submitted for building permits during its effective period.
The Building Standards Code incorporates regulations applicable to disciplines of the construction industry including the Building, Electrical, Mechanical, and Plumbing Codes.
The California Building Standard Codes are based on model codes written by the International Code Council, the National Fire Protection Association, the International Association of Plumbing and Mechanical Officials, the California Building Standards Commission, and California Energy Commission. The publication of code updates by these
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
2022 Building Code Adoption Page 2
With Local Amendments October 12, 2022
organizations triggers State consideration, amendment, and adoption of an updated set of codes to be used by jurisdictions within the state. Each triennial edition of the California Building Standards Code becomes effective 180 days after its publication date of July 1.
Therefore, the 2022 Building Standards Codes go into effect on January 1, 2023 and all applications for building permits submitted after January 1, 2023 will be subject to the 2022 Building Standards Code.
Local amendments to the Building Standards Code can be approved at any time during a triennial code cycle; however, common practice is to have these local amendments approved such that they become effective with the new Building Standards Code to provide for clarity in the building permit application process. The adoption of the Building Standards Code and local amendments is a standard activity with the last adoption by the Town occurring in 2019.
Local Home Hardening Code Amendments
On December 8, 2021, the Town Council approved an urgency ordinance adopting local amendments related to home hardening to support wildfire resilience. That amendment enhanced fire resistance in new buildings, additions, and alterations to existing buildings to enhance public safety, and reduce the risk from wildfires. The content was developed by the Wildfire Preparedness Committee and implemented by staff and the Woodside Fire Protection District.
Local Green Building Code Amendments
At the August 10, 2022 Town Council Meeting, staff presented an updated Green Building Ordinance based on the direction given at the May 11, 2022 Council meeting that included requirements for all new construction to be all-electric buildings and electrification requirements to start the conversion process of existing residential multi-fuel buildings to all electric buildings. The electrification requirements are triggered by a building permit with a scope of work that includes the replacement/upgrade to a main electric panel and/or the installation of a new or replacement of an existing air conditioning condensing unit.
Depending on the scope of work, the Ordinance requires:
• The reservation of breaker space in the panel to accommodate anticipated future electrification of single and multifamily buildings’ electrical load; • Wiring to a current water heater location to allow for the installation of a heat pump water heater in an emergency repair situation for single-family buildings; • Wiring to current water heater location in multi-family buildings that have all of the water heaters serving individual units installed in the same location or in buildings with a centralized building water heater; and
• Installation of a reverse cycle air conditioning condensing (heat pump) unit to be installed instead of a traditional air conditioning condensing unit.
The Council supported the addition of the requirements to prepare existing buildings for future electrification when it is most cost effective – during additions, remodels or repairs
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With Local Amendments October 12, 2022
where a contractor is already being hired specifically to work on the building’s electrical systems. In addition, the Council provided direction to comply with the Cal Green for EV charging in commercial construction, rather than going beyond the code. Below is a summary of the updates to the Green Building Ordinance as well as a review of staff’s determination on how to implement the updates.
DISCUSSION
The California Health and Safety Code enables local jurisdictions to modify the California Building Standards Code and adopt different or more restrictive requirements with the caveat that:
• The local modifications must be substantially equivalent to, or more stringent than, the building standards published in the California Building Standards Code; and • The local jurisdiction is required to make specific or express findings that such changes are reasonably necessary because of local geological, climatic, or topographic conditions.
A local jurisdiction must adopt the current California Building Standards Code in order to also adopt local amendments.
Title 15, Buildings and Construction, of the Town of Portola Valley Municipal Code, incorporates the Building Standards Code plus locally adopted amendments to the codes and is known as the Building Code of the Town of Portola Valley. The Building Code of the Town of Portola Valley applies to the construction of any building or structure in the Town on public or private land except for structures constructed in the public right of way.
The proposed ordinance (Attachment 1) adopts all parts of the 2022 California Standards Building Code with the exception of Parts 7 and 9. Part 7 is vacant but had previously been the California Elevator Safety Construction Code. This code has been moved to a different Title within the California Code of Regulations. Part 9 is the California Fire Code which is enforced by the Woodside Fire Protection District (Fire District). It is expected that the Fire District will be recommending local amendments to the Fire Code in the next few months.
As the Town has done in the past, in addition to the standard building requirements, the proposed ordinance also applies Chapter 7A building regulations Townwide. Chapter 7A contains additional requirements applicable to construction in Wildland Urban Interface (WUI) areas.
Staff is proposing local amendments to four Parts of the Building Standards Code, including Parts 2, 2.5, 5, and 11. Part 2 of the Building Standards Code is the 2022 California Building Code (CBC). Part 2.5 is the 2022 California Residential Code (CRC). Part 5 is the 2022 California Plumbing Code (CPC). Part 11 is the 2022 California Green Building Standards Code (CAL Green). Staff is also proposing a reorganization of Chapter 15.04 to provide the construction community easier access to the adopted code amendments. The proposed local amendments are arranged by the following topics and described in more detail below:
• Reorganization,
• Administrative,
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With Local Amendments October 12, 2022
• Life Safety,
• Structural,
• Wildland Urban Interface (WUI), and
• Green Building.
Reorganization of Chapter 15.04
The following changes were made to Chapter 15.04 to provide the construction community easier access to the adopted code amendments.
• Replacement of the existing section 15.030 Administration of the Building code with Amendments to the California Residential Code;
• Creation of section 15.040 Amendments to the California Electrical Code • Replacement of the existing section 15.050 Temporary occupancy permits with Amendments to the California Mechanical code.
• Creation of 15.060 Amendments to the California Plumbing Code. • Creation of 15.070 Amendments to the California Energy Code. • Creation of 15.080 Amendments to the California Green Building Standards Code.
The Town’s requirements from the existing 15.030 and 15.050 have been moved into both existing 15.020 Amendments to the Building Code and new 15.030 Amendments to the California Residential Code.
Administrative Amendments
The two primary State agencies responsible for the adoption of sections of the California Building Standards Code are the Department of Housing and Community Development (HCD) and the Building Standards Commission (BSC). HCD is responsible for adopting regulations applicable to one- and two-family residences and townhomes and BSC is responsible for adopting regulations applicable to non-residential structures and multi-family structures other than townhomes.
The State statutes that establish the authority for BSC to adopt the California Building Standards Code do not provide BSC with the authority to adopt any provision within the Code related to the administration and enforcement of the Building Standards Code. This allows each jurisdiction the opportunity to establish these requirements to fit their needs.
Due to this bifurcation of the Building and Residential codes by building type, the administrative provisions need to be repeated into both the Building and the Residential codes.
The local administrative requirements previously established in section 15.04.030 have been retained as amendments except for the existing language for Certificates of Occupancy because it was less restrictive than the 2022 Building and Residential code language. Additionally, Table R301.2 Climatic and geographic design criteria was amended to include the Town’s wind speed seismic zone and flood zone information to
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provide all of the specific information in a single location for the benefit to the design community.
Life Safety Amendments
Several life safety amendments are being proposed to address local conditions and common design practices.
Emergency Escape Openings in Basements:
Emergency escape openings in basements are a critical life safety element in the overall approach to exiting a structure during a fire or seismic event. These opening also provide first responders access into a structure and help prevent people from being trapped in a basement if the main access point is cut off. The proposed amendments discussed below have been developed based on the Town’s proximity to the San Andreas Fault and higher risk for wildfire than other communities in the Bay Area. Additionally, the Town frequently processes applications for large basements with new houses, heightening the need for adequate safety requirements.
Exception 6 of CBC subsection 1031.2 and exception 2 of CRC Section R310.1 removes the requirements for an emergency escape and rescue opening in sleeping rooms located in basements when a dwelling is equipped with an automatic fire sprinkler system. This exception was deleted as part of previous code updates and carried forward for this code cycle.
CRC Section R310.7 addresses emergency escape and rescue opening in existing basements undergoing alterations or repairs. It allows for an existing basement, habitable or non-habitable, the be altered without requiring an emergency escape and rescue opening.
A habitable space is defined as,
“A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.”
Under the section as written, an existing non-habitable basement that meets the minimum ceiling height for a habitable space of seven feet but is being used as a storage, utility or similar space, could be altered to become habitable space and it would not be required to have an emergency escape and rescue opening.
The proposed amendment includes the term “habitable” to the existing code language. The inclusion of the term results in the requirement for an emergency escape and rescue opening which addresses the increased risk to life safety associated with the space being made habitable. The amended section retains the allowance for an existing habitable basement undergoing an alteration or repair that does not include the creation of a sleeping room or have an existing an emergency escape and rescue opening, to not be required to provide one thus sparing considerable additional cost and poses no greater risk to life safety than before the alteration.
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Subsection R310.7.1 allows an existing basement with an operable window that has a clear opening of four square feet to be allowed to be used as an emergency escape and rescue opening when there is a change. This means a non-habitable basement being changed to a habitable basement could be potentially allowed to have a significantly smaller opening than the required 5.7 square feet and poses a greater risk to life safety. The proposed amendment deletes this subsection resulting in an emergency escape and rescue opening of 5.7 square feet being required.
Automatic Fire Sprinklers:
The proposed amendments to the CBC and CRC sections on automatic fire sprinklers are identical with the amendments adopted as part of the 2021 Home Hardening Ordinance except at the request of the Fire District, fire sprinklers will now be required in telecommunications buildings. Telecommunication buildings are structures that house electrical and electronic wiring, cabling, and equipment used for providing telecommunication services for users. These structures vary in size from small metal structures to large towers and are typically unoccupied unless repair or maintenance is required. The Fire District will be responsible for deciding when fire sprinklers will be required.
Energy Storage Systems:
Energy Storage Systems (ESS) are a device or group of devices assembled together, capable of storing energy in order to supply electrical energy at a later time. The most common versions of the systems are batteries. Section R328 applies to ESS and establishes the fire life safety provisions for the installation of the ESS. The code requires ESS to be tested to certain levels and if the ESS meet the requirements, may be installed in a habitable space of a residential dwelling unit.
The testing protocol is in place to evaluate the potential for thermal runaway or production of flammable gases. Thermal runaway may occur if a battery suffers abuse including damage during construction, operating in temperatures outside of prescribed parameters and/or damage due operational negligence, resulting in the release of toxic and flammable gases. Thermal runaway occurring in a single battery cell can quickly spread, causing a cascading of thermal runaway in adjacent battery cells. Thermal runaway could culminate in a catastrophic high heat release fire event.
Exception 1 to Section R328.1 is being proposed to be deleted as it allows for an ESS to be installed in sleeping rooms, closest, or spaces opening directly into sleeping rooms or in habitable spaces of dwelling units. The deletion of exception 1 will prevent an ESS from being installed in a habitable area and causing a larger structure fire if it were to experience a thermal runaway event due to the radiated heat associated with a wildland fire or misuse.
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Structural Amendments
Table 2308.6.1 of CBC Section 2308.6.1 and Table R602.10.3(3) of CRC Subsection R602.10.3 were amended to include footnotes for wall bracing that disallows the use of several wall bracing systems in seismic design category E due to their poor performance in earthquakes. Shear walls sheathed with lath, plaster or gypsum board are less ductile than plywood shear walls. The poor performance of such shear walls in the 1994 Northridge Earthquake was investigated by the Structural Engineers Association of Southern California (SEAOSC) and the Los Angeles City Task Force and formed the basis for this proposed amendment. These proposed amendments are also consistent with shear wall restrictions by American Wood Council (Section 4.3.7 of SDPWS) and ICC ESR-1338 for Gypsum Board.
These proposed amendments were based on the local ICC Tri-Chapter Uniform Code Committee (TUCC) recommendations and incorporated into the Town’s Building code based on its proximity to the San Andreas Fault. The TUCC is comprised of Building Officials, private sector consultants, engineers and professionals from various construction industries committed to the enhancement of regional consistency in the application and enforcement of the codes by developing guidelines for code interpretation. As a result, wall bracing is expected to perform better in a seismic event.
Wildland Urban Interface Amendments
The proposed code amendments related to fire resilience in the Wildland Urban Interface (WUI) were developed in consultation with the Fire District. The Fire Marshal requested two changes which were incorporated into the proposed code amendments:
• The Building Code exception for Automatic Fire sprinklers in telecommunication buildings be deleted (discussed above); and • All buildings subject to Building permits including accessory buildings meet the WUI requirements, including exterior materials, regardless of their distance to the main building.
Additionally, during discussion regarding the proposed code amendments, a question was raised related to whether the exterior columns supporting roof structures should be constructed of any material allowed by the standard code or should be constructed of noncombustible material or alternately wrapped with noncombustible material. The Fire District requested that the columns be constructed of noncombustible material or wrapped with noncombustible material. All of their requests have been incorporated into the proposed code amendments.
All of the December 2021 Home Hardening code amendments have been carried forward except where the 2022 CBC and CRC have incorporated them into State law (so a local amendment is not necessary) and for the requirements for decking surfaces which applies
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to decks, porches, balconies and stairs. The previous amendments mandated noncombustible decking and protection of the deck structure with noncombustible or ignition resistant material for decks within 50 feet of an applicable structure and less than four feet above grade. Since the adoption of the Home Hardening ordinance, design professionals and the Portola Valley community have questioned:
• The allowance of ignition resistant material for the protection of the deck structure but not for the decking (walking surface).
• The relevance the 50 feet has on the overall requirements. • The relevance the less than four feet has on the overall requirements for the walking surface.
Additionally, it has been pointed out that many decks in Portola Valley are on sloped lots resulting in walking surface partially of noncombustible materials (where less than four feet above grade) and partially ignition resistant material (where four or more feet above grade).
Based on significant community feedback, and consultation with the Fire District, the proposed amendments:
• No longer mandate noncombustible material decking for decks less than four feet above grade resulting in all decking material required to meet State minimum code of ignition resistant material.
• The requirement for deck structure protection for deck structures less than four feet above grade has been retained.
• The application of the requirements to only decks within 50-feet to an applicable structure requirement has been removed at the Fire District’s request, resulting in all decks being required to meet the code requirements.
Finally, both the CBC and CRC have an allowance for wall coverings to be of materials other than noncombustible material when there is an attached deck and the decking surface material complies with specified performance standards. The proposed amendments do not retain these allowances because the amendments associated with wall covering require noncombustible wall covering.
Green Building Amendments
After the August 10th Council meeting, staff and the Town Attorney met with reach code experts to better understand the current process for applying for approval from the California Energy Commission (CEC), including any needed cost-effectiveness studies. Staff learned that there are several different approaches, including amendments to the Energy Code which requires a cost effectiveness study and amendments to Cal Green which does not.
Staff also learned that the CEC is recommending that all-electric building standards be included in the Cal Green section of the Building Code rather than the Energy Code, as the measure is determining a fuel type rather than applying increased energy efficiency. As a result, the Town will no longer need to submit the code amendments to the CEC for approval,
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only the Building Standards Commission for filing. Portola Valley will be one of the first Peninsula cities to take this new streamlined approach.
Additionally, the use of standalone ordinances for adopting green building standards has changed over time. Many jurisdictions, including Portola Valley, proactively adopted standalone ordinances establishing green building standards prior to the creation and State adoption of Cal Green due to Building Codes at the time not addressing the subject matter.
However, since the creation and implantation of Cal Green, the existing and proposed standards fit more logically as Cal Green amendments. Furthermore, the adoption of the green building standards as code amendments continues the consolidation process of all building code related requirements in a single location, which benefits the construction community.
Given the CEC guidance, standard practices, and benefits, staff’s updated recommendation is to incorporate the existing and proposed requirements of Chapter 15.10 – Green Building as amendments to the 2022 CA Green Building Standards Code (Cal Green). The requirements presented to Town Council on August 10th, as summarized below, have been incorporated into the 2022 Cal Green as amendments and Chapter 15.10 – Green Building will be repealed in its entirety. A cost effectiveness study is also not required for this approach.
While all the existing provisions of Chapter 15.10 that the Council has reviewed have been incorporated in the 2022 Cal Green as amendments, staff is recommending that the Graywater “Ready” Infrastructure and Reduction of Potable Water Use on Turf requirements be referred to the Sustainability Committee to review, analyze and provide recommendations on updates with their review of WELO and other water conservation measures.
Summary of Green Building Amendments to Cal Green as directed by Council:
• All language and definitions now align with the Building Code, Plumbing Code and Energy Code
• Changed the definition of “new residential Construction” to Include the 50% rule language” per Planning Director’s instruction to be consistent with the Home Hardening Ordinance
• Added all-electric build with no exceptions for new residential and multi-family construction
• Added all-electric build for new commercial construction unless receive an exception from the building official for certain cooking needs
• Added all-electric build for new public agency construction with potential exceptions as needed for emergency services
• Added all new residential construction should have EV Ready Space as defined by Energy Code so a charging station can simply be plugged (previously only conduit and panel requirements)
• Clarified that for ADUs that require parking, parking should be EV Ready if convenient, at the discretion of the building official
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• Added exception for ADU’s to only have to meet the requirements of the applicable section for the Mandatory requirements for Solar Ready Buildings of the Energy Code in effect at the time of Building permit application per direction from Planning Director • Added electrification requirements for existing buildings triggered by a building permit with a scope of work that includes the replacement/upgrade to a main electric panel and/or the installation of a new or replacement of an existing air conditioning condensing unit (see provisions above)
• Extended third-party verification for CALGreen measures to all building types (previously only commercial as measures were verified by Build It Green GreenPoint raters) A summary of the additional changes to the adopted 2022 Energy Code is available here:
https://www.energy.ca.gov/sites/default/files/2021-
08/CEC_2022_EnergyCodeUpdateSummary_ADA.pdf
ENVIRONMENTAL REVIEW
Pursuant to the Guideline Section 15061(b)( 3) of the California Environmental Quality Act ( CEQA) adoption of this ordinance is exempt as it does not have a potential for causing a significant effect on the environment.
ATTACHMENTS
1. Ordinance amending Title 15 (Buildings and Construction) of the Town of Portola Valley Municipal Code adopting The 2022 California Building Standards Code Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11, and 12 and amendments thereto
2. August 10, 2022 Green Building Ordinance Study Session:
https://www.portolavalley.net/home/showpublisheddocument/16428/63795747650 4130000
1 ORDINANCE NO. 2022-xxxx
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PORTOLA VALLEY AMENDING CHAPTER 15.04 [BUILDING CODE] AND CHAPTER 15.10 [GREEN BUILDING] OF TITLE 15 [BUILDINGS AND CONSTRUCTION] OF THE PORTOLA VALLEY MUNICIPAL CODE ADOPTING
LOCAL AMENDMENTS TO THE CALIFORNIA BUILDING CODE AND UPDATING
HOME HARDENING AND CAL GREEN REQUIREMENTS
WHEREAS, the Town of Portola Valley ("Town") wishes to adopt a building code in accordance with law and to use the most updated regulations in the process of development in the Town; and
WHEREAS, because of the Town's unique local climatic, geologic and topographic conditions, as detailed in Exhibit A, the Town desires to make some amendments and additions to the California Building Code.
NOW, THEREFORE, the Town Council of the Town of Portola Valley does ORDAIN as follows:
SECTION 1: REPEAL OF CODE: Sections 15.04.010 [Building Code]; 15.04.020 [Amendments to the Building Code]; 15.04.030 [Administration of the Building Code];
15.04.050 [Temporary Occupancy Permit] of Chapter 15.04 [Building Code]; and 15.10 [Green Building] of Title 15 [Buildings and Construction] of the Town of Portola Valley Municipal Code are hereby repealed.
SECTION 2: AMENDMENT OF CODE: Section 15.04.010 [Building Code] of Chapter 15.04 [Building Code] of Title 15 [Buildings and Construction] of the Town of Portola Valley Municipal Code is hereby added:
The town's building code is comprised of the following uniform codes:
A. 2022 California Administrative Code (Part 1 of Title 24) California Code of Regulations, California Building Standards Commission; and B. 2022 California Building Code, Volumes 1 and 2 (Part 2 of Title 24) California Code of Regulations, California Building Standards Commission Based on the 2021 International Building Code (IBC) published by the International Code Council (ICC), with modifications; and
C. 2022 California Residential Code (Part 2.5 of Title 24) California Code of Regulations, California Building Standards Commission and Appendices:
Appendix H: Patio Covers; Appendix K: Sound Transmission and Appendix V:
Swimming Pool Safety Act, based on the 2021 International Residential Code (IRC) published by the International Code Council, with modifications; and
2 D. 2022 California Electrical Code (Part 3 of Title 24) California Code of Regulations, California Building Standards Commission Based on the 2020 National Electrical Code (NEC) published by the National Fire Protection Association; and
E. 2022 California Mechanical Code (Part 4 of Title 24) California Code of Regulations, California Building Standards Commission Based on the 2021 Uniform Mechanical Code (UMC) published by the International Association of Plumbing and Mechanical Officials (IAPMO); [and]
F. 2022 California Plumbing Code (Part 5 of Title 24) California Code of Regulations, California Building Standards Commission based upon the 2021 Uniform Plumbing Code (UPC) published by the International Plumbing and Mechanical Officials (IAPMO) and Appendix K with modifications; [and] G. 2022 California Energy Code (Part 6 of Title 24) California Code of Regulations, California Building Standards Commission; and
H. 2022 California Historical Building Code (Part 8 of Title 24), California Code of Regulations, California Building Standards Commission; and I. 2022 California Fire Code (Part 9 of Title 24) California Code of Regulations, California Building Standards Commission Based on the 2021 International Fire Code (IRC) published by the International Code Council; and J. 2022 California Existing Building Code (Part 10 of Title 24) California Code of Regulations, California Building Standards Commission; and K. 2022 Green Building Standards Code (Cal Green) (Part 11 of Title 24) California Code of Regulations, California Building Standards Commission; and L. 2022 California Referenced Standards Code (Part 12 of Title 24) Adopted by the Building Standards Commission.
SECTION 3: AMENDMENT OF CODE. Section 15.04.020 [Amendments to the California Building Code] of Chapter 15.04 [Building Code] of Title 15 [Buildings and Construction] of the Town of Portola Valley Municipal Code is hereby added:
A. Subsection 101.1 of the California Building Code is hereby amended to read as follows:
[A] 101.1 Title.
These regulations shall be known as the Building Code of the Town of Portola Valley, hereinafter referred to as “this code”.
B. Subsection 105.1 of the California Building Code is hereby amended to read as follows:
3 [A] 105.1 required.
Any owner or owner’s authorized agent who intends to construct, enlarge, alter repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make an application to the building official and obtain the required permit.
C. Subsection 105.2 of the California Building Code is hereby amended to read as follows:
[A] 105.2 Work exempt from permit.
Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
1. One-story detached accessory building used as a tool or storage shed, playhouse, and similar use provided the floor area does not exceed 120 square feet.
2. Movable cases, counters and partitions not over five feet nine inches high.
3. Retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A Liquids.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1.
5. Platforms and walks, not more than 30 inches above grade and not over any basement or story below.
6. Painting, papering and similar finish work.
7. Window awnings; supported by an exterior wall for Group R, Division 3 (Single Family Residence), and Group U (Private Garage) Occupancies when projecting not more than 54 inches.
8. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade, and if the capacity does not exceed 5,000 gallons.
D. Subsection 109.6 of the California Building Code is hereby amended to read
4 as follows:
[A] 109.6 Refunds.
The Building Official may authorize refunding of:
1. Any fee paid hereunder, which was erroneously paid or collected.
2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done.
The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of the fee payment.
E. Subsection 111.3 of the California Building Code is hereby amended to read as follows:
[A] 111.3 Temporary occupancy.
The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. Even if a temporary occupancy permit has been obtained, in no event shall a building be sold or transferred until the final inspection has been signed by the town's building official.
A. Upon request, the town's building official shall provide an applicant with an application for temporary occupancy permit and a list of the town's minimum requirements for temporary occupancy permit. The minimum requirements for temporary occupancy permit shall be developed by the town's building official at their sole discretion.
B. The town's building official may at their sole discretion issue a temporary occupancy permit for the use of a portion or portions of a building if, and only if, the applicant provides a surety deposit in the form of a letter of credit from a savings institution and made payable to the town of Portola Valley or a cashier's check in the amount of ten thousand dollars.
1. Any costs of the town in enforcing the terms of the temporary occupancy permit or removing occupants from the premises shall be deducted from the surety deposit. If the costs to the town exceed the amount of the surety deposit, the applicant shall be responsible for immediately paying the town any deficiency.
5 2. The town may in its sole discretion require further deposits or bonds, in an amount not to exceed the cost of completion of the project, plus up to twenty percent to cover any costs incurred by the town in completing the project.
C. The duration of a temporary occupancy permit shall not be more than one year from the date of approval of the temporary occupancy permit. Failure to complete the project within the lesser of one year or the time period indicated on the temporary occupancy permit may result in the immediate revocation of the temporary occupancy permit and eviction from the premises.
D. If the project is not completed in the time set forth in the temporary occupancy permit, which in no event shall exceed one year, the applicant shall show cause for the failure to complete the project and submit a schedule for completion. The applicant must show cause and present a schedule to the town's building official within ten days of the expiration of the temporary occupancy permit or no extension or reinstatement of the temporary occupancy permit will be allowed.
The town's building official shall have sole discretion whether to revoke or extend the temporary occupancy permit in light of the evidence concerning the failure to complete the project. The town's building official shall have sole discretion as whether or not the revised scheduled is acceptable. Within ten days of the applicant presenting evidence and a revised schedule, the town's building official shall either extend or revoke the temporary occupancy permit.
E. If a temporary occupancy permit is revoked, the utilities will be disconnected from the project and abatement proceeding may occur in accordance with the town's municipal code and local, state and federal rules and regulations.
F. Subsection 113.1 of the California Building Code is hereby amended to read as follows:
[A] 113.1 General.
In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be the Town Council. The board shall render all findings in writing to the appellant with a duplicate copy to the building official.
G. Subsection 114.4 of the California Building Code is hereby amended to read as follows:
[A] 114.4 Violation penalties.
Any person who commences any work for which a permit is required, such as, but not limited to: grading, demolition, or on a building, structure, electrical, gas, mechanical, fire protection or plumbing system before obtaining the necessary permits shall be subject to a fee established by fee resolution that shall be in addition to the required
6 permit fees. Double Building Permit Fees will apply at a minimum of $500.00 plus $500.00 fine may be added for each violation (type of construction) where a building permit should have been issued.
H. Subsection 701A.1 of the California Building Code is hereby amended to read as follows:
701A.1 Scope.
This chapter applies to building materials, systems and or assemblies used in the exterior design and construction of new buildings, additions to existing buildings, alterations to existing buildings and additions with alterations to existing buildings as defined in Section 702A.
I. Subsection 701A.2 of the California Building Code is hereby amended to read as follows:
701A.2 Purpose.
The purpose of this chapter is to establish minimum standards for the protection of life and property by increasing the ability of a building to resist the intrusion of flame or burning embers projected by a vegetation fire and contributes to a systematic reduction in conflagration losses.
J. Subsection 701A.3 of the California Building Code is hereby amended to read as follows:
701A.3 Application.
All New buildings, additions, alterations, and repairs shall comply with the provisions of this chapter. This shall include all buildings with residential, commercial, educational, institutional or similar occupancy type use, which shall be referred to in the section as “applicable building” (see definition in Section 702A) as well as new buildings and structures accessory to those applicable buildings.
Exceptions:
1. Group C occupancy special buildings conforming to the limitations specified in Section 450.4.1.
2. New Accessory buildings and miscellaneous structures specified in Section 710A shall comply with the requirements of that section.
3. Ornamental landscape structure (e.g. trellis, gazebo):
• With a projected roof area that does not exceed 120
square feet;
• Is not within fifty feet from an applicable building; and
7 • Is not within 30 feet of a property line.
4. An animal shade structure that:
• With a projected roof area that does not exceed 120
square feet;
• Is not within fifty feet from an applicable building; and • Is not within 30 feet of a property line.
K. Section 702A of the California Building Code is hereby amended to include the following definition:
NEW BUILDING. For the purposes of this chapter, alterations, additions and additions that include alterations to existing buildings for which building permit(s) have been issued within any 12-month period that collectively exceeds more than 50 percent of the existing floor area, 50 percent of the existing wall area or when the combination of the percentages of affected floor area and affected wall area exceeds 50 percent are treated as new buildings. In calculating these percentages, the following guidelines shall apply:
a Calculation of Percentage of Affected Floor Area (PFA): The floor area of any addition, all rooms affected by any addition, and the floor area of all rooms affected by structural changes made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, footings, piles or retaining walls or similar components, shall be included in computing the floor areas for applying this section.
b Calculation of Percentage of Affected Wall Area (PWA): The calculated wall area affected shall include all interior and exterior walls where no studs are proposed to be remain or if some studs remain and/or if the surface of both sides of the studs are proposed to be removed such that one can see through the wall. c Calculation of Combination of Percentage of Affected Floor Area (PFA) and Wall Area (PWA): The combination of the percentage of affected floor as described above plus the percentage of wall area as described above (PFA + PWA > 50%).
L. Subsection 704A.4 of the California Building Code is hereby amended to read as follows:
704A.4 Alternative methods for determining ignition resistant material.
Any of the following shall be accepted as meeting the definition of ignition resistant material:
1. Noncombustible materials. Material that complies with the definition for noncombustible materials in Section 202.
8 M. Subsection 705A.2 of the California Building Code is hereby amended to read as follows:
705A.2 Roof Coverings.
The minimum roof coverings installed on buildings shall be Class A rated tested in accordance with ASTM E108 or UL 790 such as concrete, tile, metal or slate. Wood roof coverings are prohibited. Where the roofing profile has an airspace under the roof covering, installed over a combustible deck, a 72 lb. (32,7kg) cap sheet complying with ASTM D3909 Standard Specification for “Asphalt Rolled Roofing (Glass Felt) Surfaced with Mineral Granules,” shall be installed over the roof deck. Bird stops shall be used ate the eaves when the profile fits, to prevent debris at the eave. Hip and ridge caps shall be mudded in to prevent intrusion of fire or embers.
Exceptions:
1. Roof covering replacement that affects 25% or less of the building structure.
2. Cap Sheet is not required when no less than 1 inch of mineral wool or other noncombustible material is located between the roofing material and wood framing or deck.
Alternately, a Class A fire rated roof underlayment, tested in accordance with ASTM E108, shall be permitted to be used. If the sheathing consists of exterior fire-retardant-treated wood, the underlayment shall not be required to comply with a Class A classification. Bird stops shall be used ate the eaves when the profile fits, to prevent debris at the eave. Hip and ridge caps shall be mudded in to prevent intrusion of fire or embers.
N. Subsection 705A.3 of the California Building Code is hereby amended to read as follows:
707A.3 Exterior wall coverings.
Exterior wall coverings and exterior columns supporting roof structures and trellises shall be of noncombustible materials.
Exception:
1. Alterations to existing exterior wall coverings that affect less than 10% of the exterior of the building.
2. Exterior columns supporting roof structures and trellises wrapped with noncombustible material. Ignition resistant or combustible veneers over noncombustible material is
prohibited.
9 O. Subsection 707A.5 of the California Building Code is hereby amended to read as follows:
707A.5 Open roof eaves.
Open roof eaves are prohibited.
Exceptions:
The following materials do not need protection:
1. Ignition-resistant fascia and other architectural trim boards P. Subsection 707A.6 of the California Building Code is hereby amended to read as follows:
707A.6 Enclosed roof eaves and roof eave soffits.
The exposed underside of enclosed roof eaves having either a boxed-in roof soffit with a horizontal underside, or sloping rafter tails with an exterior covering applied to the underside of the rafter tails, shall be protected by one or more of the following:
1. Noncombustible material.
2. Ignition-resistant material. The ignition-resistant material shall be labeled for exterior use and shall meet the requirements of Section R337.4.2.
3. Materials approved for not less than 1-hour fire resistance-rated construction on the exterior side, as tested in accordance with ASTM E119 or UL 263.
4. Boxed-in roof eave soffit assemblies with a horizontal underside that meets the performance criteria in Section R337.7.11 when tested in accordance with the test procedures set forth in ASTM E2957.
5. Boxed-in roof eave soffit assemblies with a horizontal underside that meets the performance criteria in accordance with the test procedures set for the in SFM Standard 12-7A-3.
Exception to Section 707A.6: The following materials do not require protection:
1. Fascia and other architectural trim boards.
Q. Subsection 707A.7 of the California Building Code is hereby amended to read as follows:
707A.7 Exterior porch ceilings.
The exposed underside of exterior porch ceilings shall be protected by one or more of the following:
10 1. Noncombustible material.
2. Ignition-resistant material. The ignition-resistant material shall be labeled for exterior use and shall meet the requirements of Section R337.4.2.
3. Materials approved for not less than 1-hour fire resistance-rated construction on the exterior side, as tested in accordance with ASTM E119 or UL 263.
4. Porch ceiling assemblies with a horizontal underside that meets the performance criteria in Section R337.7.11 when tested in accordance with the test procedures set forth in ASTM E2957.
5. Porch ceiling assemblies with a horizontal underside that meets the performance criteria in accordance with the test procedures set for the in SFM Standard 12-7A3.
Exception to Section 707A.7: The following materials do not require protection:
1. Fascia and other architectural trim boards.
R. Subsection 707A.8 of the California Building Code is hereby amended to read as follows:
707A.8 Floor projections.
The exposed underside of a cantilevered floor projection where a floor assembly extends over an exterior wall shall be protected by one or more of the following:
1. Noncombustible material.
2. Ignition-resistant material. The ignition-resistant material shall be labeled for exterior use and shall meet the requirements of Section 704A.2.
3. Materials approved for not less than 1-hour fire resistance-rated construction on the exterior side, as tested in accordance with ASTM E119 or UL 263.
4. Porch ceiling assemblies with a horizontal underside that meets the performance criteria in Section 707A.11 when tested in accordance with the test procedures set forth in ASTM E2957.
5. Porch ceiling assemblies with a horizontal underside that meets the performance criteria in accordance with the test procedures set for the in SFM Standard 12-7A-3.
Exception to Section 707A.8: Architectural trim boards.do not require protection.
S. Subsection 707A.9 of the California Building Code is hereby amended to read as follows:
707A.9 Underfloor protections.
11 The underfloor area of elevated or overhanging building shall be enclosed to grade in accordance with the requirements of this chapter or the underside of exposed underfloor shall be protected by one or more of the following:
1. Noncombustible material.
2. Ignition-resistant material. The ignition-resistant material shall be labeled for exterior use and shall meet the requirements of Section 704A.2.
3. Materials approved for not less than 1-hour fire resistance-rated construction on the exterior side, as tested in accordance with ASTM E119 or UL 263.
4. Porch ceiling assemblies with a horizontal underside that meets the performance criteria in Section 707A.11 when tested in accordance with the test procedures set forth in ASTM E2957.
5. Porch ceiling assemblies with a horizontal underside that meets the performance criteria in accordance with the test procedures set for the in SFM Standard 12-7A3.
Exception to Section 707A.9: Structural columns and beams do not require protection when constructed with sawn lumber or glue-laminated wood with the smallest minimum nominal dimension of 4 inches (102 mm). Sawn or glue-laminated planks shall be splined, tongue-and-groove, or set closed together and spiked.
T. Subsection 707A.10 of the California Building Code is hereby amended to read as follows:
707A.10 Underside of appendages.
The underside of overhanging appendages shall be enclosed to grade in accordance with the requirements of this chapter, or the underside of the exposed under-floor shall be protected by one or more of the following:
1. Noncombustible material.
2. Ignition-resistant material. The ignition-resistant material shall be labeled for exterior use and shall meet the requirements of Section 704A.2.
3. Materials approved for not less than 1-hour fire resistance-rated construction on the exterior side, as tested in accordance with ASTM E119 or UL 263.
4. Porch ceiling assemblies with a horizontal underside that meets the performance criteria in Section 707A.11 when tested in accordance with the test procedures set forth in ASTM E2957.
5. Porch ceiling assemblies with a horizontal underside that meets the performance criteria in accordance with the test procedures set for the in SFM Standard 12-7A3.
Exception to Section 707A.10: Structural columns and beams do not require
12 protection when constructed with sawn lumber or glue-laminated wood with the smallest minimum nominal dimension of 4 inches (102 mm). Sawn or glue-laminated planks shall be splined, tongue-and-groove, or set closed together and spiked.
U. Subsection 709A.3 of the California Building Code is hereby amended to read as follows:
709A.3 Decking surfaces.
The walking surface material of decks, porches, balconies and stairs shall be constructed with one of the following materials:
1. Material that complies with the performance requirements of Section 709A.4 when tested in accordance with both ASTM E2632 and ASTM E2726.
2. Ignition-resistant material that complies with the performance requirements of Section 704A.3.
3. Material that complies with the performance requirements of both SFM Standard 12-7A-4 and Section 704A.3.
4. Noncombustible material.
V. Subsection 709A.6 of the California Building Code is hereby added to read as follows:
709A.6 Deck structure protection
Decks or similar structures less than four feet above grade shall be protected as follows:
1. The structure of exterior decks shall be enclosed from the underside of the deck to grade with solid, noncombustible or ignition resistant materials per 703A. of the California Building Code.
W. Subsection 710A.1 of the California Building Code is hereby amended to read as follows:
710A.1 General.
Group U occupancy accessory buildings and miscellaneous structures shall be constructed to conform to the requirements of this chapter.
X. Subsection 710A.3 of the California Building Code is hereby amended to read as follows:
710A.3 Where required.
13 Attached accessory buildings and miscellaneous structures shall be constructed in accordance with the structure to which they are attached. Detached accessory buildings and miscellaneous structures, unless specially exempted per subsection 701A.3 or exempted from permit as specified in Section 105.2 shall be constructed as follows:
1. Fences and gates located within 10 feet of an applicable building shall be noncombustible. Fences and gates located 10 feet or more from an applicable building are not required to comply with the provisions of this chapter.
2. Accessory buildings and detached miscellaneous structures, including those with a floor area of 120 square feet or less, constructed at a distance of less than 30 feet from a property line shall comply with the provisions of this chapter.
Y. Subsection 710A.4 of the California Building Code is hereby amended to read as follows:
710A.4 Roof construction.
Roofs of accessory buildings required to be constructed entirely of noncombustible or ignition-resistant materials shall comply with the requirements of chapter 7A and chapter
15. Roof coverings shall comply with section 705A.2 as amended by this ordinance.
Z. Subsection R902.1 of the California Residential Code is hereby amended to read as follows:
R902.1 Roof covering materials.
Roofs shall be covered with materials as set forth in sections 904 and 905. A minimum Class A roofing shall be installed. Class A roofing is required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108. Wood roof coverings are prohibited.
AA. Subsection 903.2 of the California Building Code is hereby added to read as follows:
903.2 Where required.
An approved automatic sprinkler system in buildings and structures shall be provided in the locations described in 903.2.1 through 903.2.12 and Sections 903.2.14 through 903.2.21.
Exceptions:
14 1. An approved automatic sprinkler system shall not be required in existing structures where repairs, alterations, additions and additions that include alterations are made to unsprinklered, existing buildings when building permit(s) have been issued within any 12-month period that collectively do not exceed more than 50 percent of the existing floor area, 50 percent of the existing wall area or when the combination of the percentages of affected floor area and affected wall area exceeds 50 percent. The following guidance shall be used to calculate these percentages:
a. Calculation of Percentage of Affected Floor Area (PFA):
The floor area of any addition, all rooms affected by any addition, and the floor area of all rooms affected by structural changes made in the building, such as walls, columns,
beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, footings, piles or retaining walls or similar components, shall be included in computing the floor areas for applying this section.
b. Calculation of Percentage of Affected Wall Area (PWA):
The calculated wall area affected shall include all interior and exterior walls where no studs are proposed to be remain or if some studs remain and/or if the surface of both sides of the studs are proposed to be removed such that one can see through the wall.
c. Calculation of Combination of Percentage of Affected Floor Area (PFA) and Wall Area (PWA): The combination
of the percentage of affected floor as described above plus the percentage of wall area as described above (PFA + PWA > 50%).
BB. Subsection 1031.2 of the California Building Code is hereby amended to read as follows:
1031.2 Where required.
In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in Group R occupancies.
Basements and sleeping rooms below the fourth story above grade plane shall have not fewer than one emergency escape and rescue opening in accordance with this section.
Where basements contain one or more sleeping rooms, an emergency escape and
15 rescue opening shall be required in each sleeping room but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way.
Exceptions:
1. In group R-1 and R-2 occupancies constructed of Type I, Type IIA, Type IIIA or Type IV construction equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1.
2. Group R-2.1 occupancies meeting the requirements for delayed egress in accordance with Section 1010.2.13 may have operable windows that are breakable in sleeping rooms permanently restricted to a maximum of 4-inch open position.
3. Basements with a ceiling height of less than 80 inches (2032 mm) shall not be required to have emergency escape and rescue openings.
4. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior egress balcony that opens to a public way.
5. Basements without habitable spaces and having not more than 200 square feet (18.6 m2) in floor area shall not be required to have emergency escape and rescue openings.
6. Storm shelters are not required to comply with this section where the shelter is constructed in accordance with ICC 500.
CC. Section 1405.1 of the California Building Code is hereby deleted in its entirety and amended to read as follows:
1405.1 Combustible exterior wall coverings.
Exterior wall coverings shall be of noncombustible materials.
Exception: Alterations to existing exterior wall coverings that affect less than 10% of the exterior of the building.
DD. Section 1505.1 of the California Building Code is hereby deleted in its entirety and amended to read as follows:
[BF] 1505.1 General.
The minimum roof coverings installed on buildings shall be Class A rated tested in accordance with ASTM E108 or UL 790 such as concrete, tile, metal or slate. Wood roof coverings are prohibited.
16 Exception:
1. Roof covering replacement that affects 25% or less of the building structure.
EE. Table 2308.6.1 of section 2308.6.1 of the California Building Code is hereby amended as follows:
The title of Table 2308.6.1 is amended to read:
Table 2308.6.1 Wall Bracing Requirementsa,f,g
Footnotes are added as follows:
Footnotes “f” and “g” are added to Table 2308.6.1, to read:
f. Methods PBS, HPS, and SFB are not permitted in Seismic Design Categories D or E.
g. Methods GB, DWB and PCP are not permitted in Seismic Design Category E.
SECTION 4: AMENDMENT OF CODE. Section 15.04.030 [Amendments to California Residential Code] of Chapter 15.04 [Building Code] of Title 15 [Buildings and Construction] of the Town of Portola Valley Municipal Code is hereby added:
Section 15.04.030
FF. Subsection R101.1 of the California Residential Code is hereby amended to read as follows:
R101.1 Title.
These regulations shall be known as the Residential code of the Town of Portola Valley, hereinafter referred to as “this code”.
GG. Subsection R105.2 of the California Residential Code is hereby amended to read as follows:
R105.2 Work exempt from permit.
Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
17 1. One-story detached accessory building used as a tool or storage shed, playhouse, and similar use provided the floor area does not exceed 120 square feet.
2. Movable cases, counters and partitions not over five feet nine inches high.
3. Retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A Liquids.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1.
5. Platforms and walks, not more than 30 inches above grade and not over any basement or story below.
6. Painting, papering and similar finish work.
7. Window awnings; supported by an exterior wall for Group R, Division 3 (Single Family Residence), and Group U (Private Garage) Occupancies when projecting not more than 54 inches.
8. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade, and if the capacity does not exceed 5,000 gallons.
HH. Subsection R108.5 of the California Residential Code is hereby amended to read as follows:
R108.5 Refunds.
The Building Official may authorize refunding of:
1. Any fee paid hereunder, which was erroneously paid or collected.
2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done.
The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of the fee payment.
II. Subsection R110.4 of the California Residential Code is hereby amended to read as follows:
18 R110.4 Temporary occupancy.
The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. Even if a temporary occupancy permit has been obtained, in no event shall a building be sold or transferred until the final inspection has been signed by the town's building official.
A. Upon request, the town's building official shall provide an applicant with an application for temporary occupancy permit and a list of the town's minimum requirements for temporary occupancy permit. The minimum requirements for temporary occupancy permit shall be developed by the town's building official at their sole discretion.
B. The town's building official may at their sole discretion issue a temporary occupancy permit for the use of a portion or portions of a building if, and only if, the applicant provides a surety deposit in the form of a letter of credit from a savings institution and made payable to the town of Portola Valley or a cashier's check in the amount of ten thousand dollars.
1. Any costs of the town in enforcing the terms of the temporary occupancy permit or removing occupants from the premises shall be deducted from the surety deposit. If the costs to the town exceed the amount of the surety deposit, the applicant shall be responsible for immediately paying the town any deficiency.
2. The town may in its sole discretion require further deposits or bonds, in an amount not to exceed the cost of completion of the project, plus up to twenty percent to cover any costs incurred by the town in completing the project.
C. The duration of a temporary occupancy permit shall not be more than one year from the date of approval of the temporary occupancy permit. Failure to complete the project within the lesser of one year or the time period indicated on the temporary occupancy permit may result in the immediate revocation of the temporary occupancy permit and eviction from the premises.
D. If the project is not completed in the time set forth in the temporary occupancy permit, which in no event shall exceed one year, the applicant shall show cause for the failure to complete the project and submit a schedule for completion. The applicant must show cause and present a schedule to the town's building official within ten days of the expiration of the temporary occupancy permit or no extension or reinstatement of the temporary occupancy permit will be allowed. The town's building official shall have sole discretion whether to revoke or extend the temporary occupancy permit in light of the evidence concerning the failure to complete the project. The town's building official shall have sole discretion as whether or not the revised
19 scheduled is acceptable. Within ten days of the applicant presenting evidence and a revised schedule, the town's building official shall either extend or revoke the temporary occupancy permit.
E. If a temporary occupancy permit is revoked, the utilities will be disconnected from the project and abatement proceeding may occur in accordance with the town's municipal code and local, state and federal rules and regulations.
JJ. Subsection R112.1 of the California Residential Code is hereby amended to read as follows:
R112.1 General.
In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be the Town Council. The board shall render all findings in writing to the appellant with a duplicate copy to the building official.
KK. Subsection R113.4 of the California Residential Code is hereby amended to read as follows:
R113.4 Violation penalties.
Any person who commences any work for which a permit is required, such as, but not limited to: grading, demolition, or on a building, structure, electrical, gas, mechanical, fire protection or plumbing system before obtaining the necessary permits shall be subject to a fee established by fee resolution that shall be in addition to the required permit fees. Double Building Permit Fees will apply at a minimum of $500.00 plus $500.00 fine may be added for each violation (type of construction) where a building permit should have been issued.
LL. Subsection R301.2 of the California Residential Code is hereby amended to read as follows:
R301.2 Climatic and geographic design criteria.
Buildings shall be constructed in accordance with the provisions of this code as limited by the provisions of this section. Additional criteria shall be established by the local jurisdiction and set forth in Table R301.2.
20 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD
WIND DESIGN SEISMIC
DESIGN Speed CATEGORYf
d
(mph)Topographic
effectsk
Special wind
regionl
Wind-borne
debris zonem
No 91 -102 (Risk
category
dependent)
No No No D-E
SUBJECT TO DAMAGE FROM ICE
BARRIER
UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDSg
AIR
FREEZING
INDEXi
MEAN
ANNUAL Weathering TEMPj
a
Frost
line
depthb
Termitec
No No No No PV Muni
Code
Section
18.32 NA 58.55
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index, "negligible," "moderate" or "severe" for concrete as determined from Figure R301.2(3). The grade of masonry units shall be determined from ASTM C34, C55, C62, C73, C90, C129, C145, 0216 or C652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1).
The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(4)A]. Wind exposure category shall be determined on a sitespecific basis in accordance with Section R301.2.1.4. e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
21 g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of the currently effective F1RMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.1.2, R905.4.3.1, 8905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)."
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)."
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
l. In accordance with Figure R301.2(4)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements, Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
m. In accordance with Section R301.2.1.2.1. the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
MM. Subsection R310.1 of the California Residential Code is hereby amended to read as follows:
R310.1 Emergency escape and rescue opening required.
Basements, habitable attics and every sleeping room shall have not less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way.
Exceptions:
1. Basements with a ceiling height of less than 80 inches (2032 mm)
22 shall not be required to have emergency escape and rescue openings.
2. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior egress balcony that opens to a public way.
3. Basements without habitable spaces and having not more than 200 square feet (18.6 m2) in floor area shall not be required to have emergency escape and rescue openings.
4. Storm shelters are not required to comply with this section where the shelter is constructed in accordance with ICC 500.
NN. Subsection R310.7 of the California Residential Code is hereby amended to read as follows:
R310.7 Alterations or repairs of existing basement.
New sleeping rooms created in an existing basement shall be provided with emergency escape and rescue opening in accordance with Section 310.1. Other than new sleeping rooms, where existing habitable basements undergo alteration or repairs, an emergency escape and rescue opening is not required.
OO. Subsection R310.7.1 of the California Residential Code is hereby deleted.
PP. Subsection R313.1 of the California Residential Code is hereby amended to read as follows:
R313.1 Townhouse automatic fire sprinkler systems.
An automatic fire sprinkler system shall be installed in townhouses.
Exception: An automatic residential fire sprinkler system shall not be required where repairs, additions or alterations are made to existing townhouses that do not have automatic residential fire sprinkler systems installed when building permit(s) have been issued within any 12-month period that do not collectively exceed more than 50 percent of the existing floor area, 50 percent of the existing wall area or 50 percent of the combination of affected floor area and affected wall area percentages. In calculating these percentages, the following guidelines shall apply:
a. Calculation of Percentage of Affected Floor Area (PFA):
The floor area of any addition, all rooms affected by any addition, and the floor area of all rooms affected by structural changes made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, footings, piles or retaining walls or similar
23 components, shall be included in computing the floor areas for applying this section.
b. Calculation of Percentage of Affected Wall Area (PWA):
The calculated wall area affected shall include all interior and exterior walls where no studs are proposed to be remain or if some studs remain and/or if the surface of both sides of the studs are proposed to be removed such that one can see
through the wall.
c. Calculation of Combination of Percentage of Affected Floor Area (PFA) and Wall Area (PWA): The combination of the percentage of affected floor as described above plus the percentage of wall area as described above (PFA + PWA < 51%).
R313.1.1 Design and Installation.
Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with section R313 or NFPA 13D.
QQ. Subsection R313.2 of the California Residential Code is hereby amended to read as follows:
R313.2 One and two-family dwelling automatic fire sprinkler systems.
An automatic fire sprinkler system shall be installed in one and two-family dwellings.
Exceptions:
1. An automatic residential fire sprinkler system shall not be required where repairs, alterations, additions and additions that include alterations to existing buildings for which building permit(s) have been issued within any 12-month period that do not collectively exceed more than 50 percent of the existing floor area, 50 percent of the existing wall area or 50 percent of the combination of affected floor area and affected wall area percentages. In calculating these percentages, the following guidelines shall apply:
a. Calculation of Percentage of Affected Floor Area (PFA):
The floor area of any addition, all rooms affected by any addition, and the floor area of all rooms affected by structural changes made in the building, such as walls, columns,
beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, footings, piles or retaining walls or similar components, shall be included in computing the floor
24 areas for applying this section.
b. Calculation of Percentage of Affected Wall Area (PWA):
The calculated wall area affected shall include all interior and exterior walls where no studs are proposed to be remain or if some studs remain and/or if the surface of both sides of the studs are proposed to be removed such that one can
see through the wall.
c. Calculation of Combination of Percentage of Affected Floor Area (PFA) and Wall Area (PWA): The combination
of the percentage of affected floor as described above plus the percentage of wall area as described above (PFA +
PWA > 50%).
2. Residential fire sprinkler system shall not be required for an accessory dwelling unit, if all the following are met:
2.1The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code section 65852.2
2.2The existing primary residence does not have automatic fire sprinklers.
2.3The accessory detached dwelling unit does not exceed 1200 square feet in size and is located in compliance with the setbacks of the base zoning district at required by the Portola Valley Municipal Code
2.4 The unit is on the same lot as the primary residence.
R313.2.1 Design and Installation.
Automatic residential fire sprinkler systems shall be designed and installed in accordance with section R313 or NFPA 13D.
RR. Subsection R328.1 of the California Residential Code is hereby amended to read as follows:
R328.1 General.
Energy storage systems (ESS) shall comply with the provisions of this section.
Exceptions:
1. ESS less than 1 kWh (3.6 megajoules)
SS. Subsection R337.1.1 of the California Residential Code is hereby amended to read as follows:
R337.1.1 Scope.
25 This chapter applies to building materials, systems and or assemblies used in the exterior design and construction of new buildings, additions to existing buildings, alterations to existing buildings and additions with alterations to existing buildings as specified in Section R337.1.3.
TT. Subsection R337.1.2 of the California Residential Code is hereby amended to read as follows:
R337.1.2 Purpose.
The purpose of Section R337 is to establish minimum standards for the protection of life and property by increasing the ability of a building to resist the intrusion of flame or burning embers projected by a vegetation fire and contributes to a systematic reduction in conflagration losses.
UU. Subsection R337.1.3 of the California Residential Code is hereby amended to read as follows:
R337.1.3 Application.
All New buildings, additions, alterations, and repairs shall comply with the provisions of this section. This shall include all buildings with residential, commercial, educational, institutional or similar occupancy type use, which shall be referred to in the section as “applicable building” (see definition in Section R337.2) as well as new buildings and structures accessory to those applicable buildings.
Exceptions:
5. Group C occupancy special buildings conforming to the limitations specified in Section 450.4.1 of the California Building Code,
6. New Accessory buildings and miscellaneous structures specified in Section R337.10 shall comply with the requirements of that section.
7. Ornamental landscape structure (e.g. trellis, gazebo):
• With a projected roof area that does not exceed 120
square feet;
• Is not within fifty feet from an applicable building; and • Is not within 30 feet of a property line.
8. An animal shade structure that:
• With a projected roof area that does not exceed 120
square feet;
• Is not within fifty feet from an applicable building; and
26 • Is not within 30 feet of a property line.
VV. Section R337.2 of the California Residential Code is hereby amended to include the following Definition:
NEW BUILDING. For the purposes of Section R337, alterations, additions and additions that include alterations to existing buildings for which building permit(s) have been issued within any 12-month period that collectively exceeds more than 50 percent of the existing floor area, 50 percent of the existing wall area or when the combination of the percentages of affected floor area and affected wall area exceeds 50 percent are treated as new buildings. In calculating these percentages, the following guidelines shall apply:
d Calculation of Percentage of Affected Floor Area (PFA): The floor area of any addition, all rooms affected by any addition, and the floor area of all rooms affected by structural changes made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, footings, piles or retaining walls or similar components, shall be included in computing the floor areas for applying this section.
e Calculation of Percentage of Affected Wall Area (PWA): The calculated wall area affected shall include all interior and exterior walls where no studs are proposed to be remain or if some studs remain and/or if the surface of both sides of the studs are proposed to be removed such that one can see through the wall. f Calculation of Combination of Percentage of Affected Floor Area (PFA) and Wall Area (PWA): The combination of the percentage of affected floor as described above plus the percentage of wall area as described above (PFA + PWA > 50%).
WW. Subsection R337.4.4 Exception 3 of the California Residential Code is hereby amended to read as follows:
R337.4.4 Alternative methods for determining ignition resistant material.
Any of the following shall be accepted as meeting the definition of ignition resistant material:
1. Noncombustible materials. Material that complies with the definition for noncombustible materials in Section R202.
XX. Subsection R337.5.2 of the California Residential Code is hereby amended to read as follows:
R337.5.2 Roof Coverings.
27 The minimum roof coverings installed on buildings shall be Class A rated tested in accordance with ASTM E108 or UL 790 such as concrete, tile, metal or slate. Wood roof coverings are prohibited. Where the roofing profile has an airspace under the roof covering, installed over a combustible deck, a 72 lb. (32,7kg) cap sheet complying with ASTM D3909 Standard Specification for “Asphalt Rolled Roofing (Glass Felt) Surfaced with Mineral Granules,” shall be installed over the roof deck. Bird stops shall be used ate the eaves when the profile fits, to prevent debris at the eave. Hip and ridge caps shall be mudded in to prevent intrusion of fire or embers.
Exceptions:
3. Roof covering replacement that affects 25% or less of the building structure.
4. Cap Sheet is not required when no less than 1 inch of mineral wool or other noncombustible material is located between the roofing material and wood framing or deck.
Alternately, a Class A fire rated roof underlayment, tested in accordance with ASTM E108, shall be permitted to be used. If the sheathing consists of exterior fire-retardant-treated wood, the underlayment shall not be required to comply with a Class A classification. Bird stops shall be used ate the eaves when the profile fits, to prevent debris at the eave. Hip and ridge caps shall be mudded in to prevent intrusion of fire or embers.
YY. Subsection R337.7.3 of the California Residential Code is hereby amended to read as follows:
R337.7.3 Exterior wall coverings.
Exterior wall coverings and exterior columns supporting roof structures and trellises shall be of noncombustible materials.
Exception:
3. Alterations to existing exterior wall coverings that affect less than 10% of the exterior of the building.
4. Exterior columns supporting roof structures and trellises wrapped with noncombustible material. Ignition resistant or combustible veneers over noncombustible material is
prohibited.
ZZ. Subsection R337.7.5 of the California Residential Code is hereby amended to read as follows:
R337.7.5 Open roof eaves.
28 Open roof eaves are prohibited.
Exceptions:
The following materials do not need protection:
1. Ignition-resistant fascia and other architectural trim boards.
AAA. Subsection R337.7.5.6 of the California Residential Code is hereby amended to read as follows:
R337.7.6 Enclosed roof eaves and roof eave soffits.
The exposed underside of enclosed roof eaves having either a boxed-in roof soffit with a horizontal underside, or sloping rafter tails with an exterior covering applied to the underside of the rafter tails, shall be protected by one or more of the following:
6. Noncombustible material.
7. Ignition-resistant material. The ignition-resistant material shall be labeled for exterior use and shall meet the requirements of Section R337.4.2.
8. Materials approved for not less than 1-hour fire resistance-rated construction on the exterior side, as tested in accordance with ASTM E119 or UL 263.
9. Boxed-in roof eave soffit assemblies with a horizontal underside that meets the performance criteria in Section R337.7.11 when tested in accordance with the test procedures set forth in ASTM E2957.
10.Boxed-in roof eave soffit assemblies with a horizontal underside that meets the performance criteria in accordance with the test procedures set for the in SFM Standard 12-7A-3.
Exception to Section R337.7.6: The following materials do not require protection:
2. Fascia and other architectural trim boards.
BBB. Subsection R337.7.7 of the California Residential Code is hereby amended to read as follows:
R337.7.7 Exterior porch ceilings.
The exposed underside of exterior porch ceilings shall be protected by one or more of the following:
6. Noncombustible material.
7. Ignition-resistant material. The ignition-resistant material shall be labeled for exterior use and shall meet the requirements of Section R337.4.2.
29 8. Materials approved for not less than 1-hour fire resistance-rated construction on the exterior side, as tested in accordance with ASTM E119 or UL 263.
9. Porch ceiling assemblies with a horizontal underside that meets the performance criteria in Section R337.7.11 when tested in accordance with the test procedures set forth in ASTM E2957.
10.Porch ceiling assemblies with a horizontal underside that meets the performance criteria in accordance with the test procedures set for the in SFM Standard 12-7A3.
Exception to Section R337.7.7: The following materials do not require protection:
2. Fascia and other architectural trim boards.
CCC. Subsection R337.7.8 of the California Residential Code is hereby amended to read as follows:
R337.7.8 Floor Projections.
The exposed underside of a cantilevered floor projection where a floor assembly extends over an exterior wall shall be protected by one or more of the following:
1. Noncombustible material.
2. Ignition-resistant material. The ignition-resistant material shall be labeled for exterior use and shall meet the requirements of Section R337.4.2.
3. Materials approved for not less than 1-hour fire resistance-rated construction on the exterior side, as tested in accordance with ASTM E119 or UL 263.
4. Porch ceiling assemblies with a horizontal underside that meets the performance criteria in Section R337.7.11 when tested in accordance with the test procedures set forth in ASTM E2957.
5. Porch ceiling assemblies with a horizontal underside that meets the performance criteria in accordance with the test procedures set for the in SFM Standard 12-7A-3.
Exception to Section R337.7.8: Architectural trim boards.do not require protection.
DDD. Subsection R337.7.9 of the California Residential Code is hereby amended to read as follows:
R337.7.9 Underfloor protections.
The underfloor area of elevated or overhanging building shall be enclosed to grade in accordance with the requirements of this chapter or the underside of exposed underfloor shall be protected by one or more of the following:
30 1. Noncombustible material.
2. Ignition-resistant material. The ignition-resistant material shall be labeled for exterior use and shall meet the requirements of Section R337.4.2.
3. Materials approved for not less than 1-hour fire resistance-rated construction on the exterior side, as tested in accordance with ASTM E119 or UL 263.
4. Porch ceiling assemblies with a horizontal underside that meets the performance criteria in Section R337.7.11 when tested in accordance with the test procedures set forth in ASTM E2957.
5. Porch ceiling assemblies with a horizontal underside that meets the performance criteria in accordance with the test procedures set for the in SFM Standard 12-7A-3.
Exception to Section R337.7.9: Structural columns and beams do not require protection when constructed with sawn lumber or glue-laminated wood with the smallest minimum nominal dimension of 4 inches (102 mm). Sawn or glue-laminated planks shall be splined, tongue-and-groove, or set closed together and spiked.
EEE. Subsection R337.7.10 of the California Residential Code is hereby amended to read as follows:
R337.7.10 Underside of appendages.
The underside of overhanging appendages shall be enclosed to grade in accordance with the requirements of this chapter, or the underside of the exposed under-floor shall be protected by one or more of the following:
1. Noncombustible material.
2. Ignition-resistant material. The ignition-resistant material shall be labeled for exterior use and shall meet the requirements of Section R337.4.2.
3. Materials approved for not less than 1-hour fire resistance-rated construction on the exterior side, as tested in accordance with ASTM E119 or UL 263.
4. Porch ceiling assemblies with a horizontal underside that meets the performance criteria in Section R337.7.11 when tested in accordance with the test procedures set forth in ASTM E2957.
5. Porch ceiling assemblies with a horizontal underside that meets the performance criteria in accordance with the test procedures set for the in SFM Standard 12-7A-3.
Exception to Section R337.7.10: Structural columns and beams do not require protection when constructed with sawn lumber or glue-laminated wood with the smallest minimum nominal dimension of 4 inches (102 mm). Sawn or glue-laminated planks shall be splined, tongue-and-groove, or set closed together and spiked.
31 FFF. Subsection R337.9.3 of the California Residential Code is hereby amended to read as follows:
R337.9.3 Decking surfaces.
The walking surface material of decks, porches, balconies and stairs shall be constructed with one of the following materials:
1. Material that complies with the performance requirements of Section R337.9.4 when tested in accordance with both ASTM E2632 and ASTM E2726.
2. Ignition-resistant material that complies with the performance requirements of Section R337.9.4.
3. Material that complies with the performance requirements of both SFM Standard 12-7A-4 and Section R337.4.3.
4. Noncombustible material.
GGG. Subsection R337.9.6 of the California Residential Code is hereby added to read as follows:
R337.9.6 Deck structure protection.
Decks or similar structures less than four feet above grade shall be protected as follows:
1. The structure of exterior decks shall be enclosed from the underside of the deck to grade with solid, noncombustible or ignition resistant materials per 703A. of the California Building Code.
HHH. Subsection R337.10.1 of the California Residential Code is hereby amended to read as follows:
R337.10.1 General.
Group U occupancy accessory buildings and miscellaneous structures shall be constructed to conform to the requirements of this chapter.
III. Subsection R337.10.3 of the California Residential Code is hereby amended to read as follows:
R337.10.3 Where required.
Attached accessory buildings and miscellaneous structures shall be constructed in accordance with the structure to which they are attached. Detached accessory buildings and miscellaneous structures, unless specially exempted per subsection R337.1.3 or exempted from permit as specified in Section R105 shall be constructed as follows:
32 1. Fences and gates located within 10 feet of an applicable building shall be noncombustible. Fences and gates located 10 feet or more from an applicable building are not required to comply with the provisions of this chapter.
2. Accessory buildings and detached miscellaneous structures, including those with a floor area of 120 square feet or less, constructed at a distance of less than 30 feet from a property line shall comply with the provisions of this chapter.
JJJ. Subsection R337.10.4 of the California Residential Code is hereby amended to read as follows:
R337.10.4 Roof construction.
Roofs of accessory buildings required to be constructed entirely of noncombustible or ignition-resistant materials shall comply with the requirements of Section R337 and chapter 9. Roof coverings shall comply with section R337.5.2 as amended by this ordinance.
KKK. Table R602.10.3(3) of subsection R602.10.3 of the California Residential Code is hereby amended as follows:
The title of Table R602.10.3(3) is amended to read:
TABLE R602.10.3(3)i, j Bracing Requirements Based On Seismic Design Category Footnotes are added as follows:
Footnotes “i” and “j” are added to Table R602.10.3(3), to read:
i. Methods PBS, HPS, SFB and CS-SFB are not permitted in Seismic Design Categories D0, D1, and D2.
j. Methods GB, DWB and PCP are not permitted in Seismic Design Categories D0, D1, and D2 where S1 is greater than or equal to 0.75.
JJJ. Subsection R902.1 of the California Residential Code is hereby amended to read as follows:
R902.1 Roof covering materials.
Roofs shall be covered with materials as set forth in sections 904 and 905. A minimum Class A roofing shall be installed. Class A roofing is required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108. Wood roof coverings are prohibited.
LLL. Subsection R902.1.1 of the California Residential Code is hereby amended
33 as follows:
R902.1.1 Roof coverings within fire hazard severity zones.
The entire roof covering of every existing structure where more than 25 percent of the total roof area is replaced within any one-year period, where the addition of new roof area exceeds 25 percent of the existing roof area, the entire roof covering of every new building and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall meet the requirements of Section R337.5.2.
MMM. Subsection R902.1.2 of the California Residential Code is hereby amended as follows:
R902.1.2 Roof coverings in all other areas.
The entire roof covering of every existing structure where more than 25 percent of the total roof area is replaced within any one-year period, where the addition of new roof area exceeds 25 percent of the existing roof area, the entire roof covering of every new building and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall meet the requirements of Section R337.5.2.
NNN. Subsection R902.2 of the California Residential Code is hereby deleted in its entirety.
R902.2 Fire retardant treated shingles and shakes. Fire- retardant treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuumpressure process with fire-retardant chemicals, and which have been qualified by UBC Standard I5-2 for use on Class A, B or C roofs. Fire retardant-treated wood shakes and shingles shall comply with ICC-ES EG/07 and with the weathering requirements contained in Health and Safety Code Section 13/32.7 (j). Each bundle shall bear labels from an ICBO accredited quality control agency identifying their roof-covering classification and indicating their compliance with ICC-ES EGJ07 and with the weathering requirements contained in Health and Safety Code Section 13132.7U).
Health and Safety Code Section 13132.7 (j) No wood roof covering materials shall be sold or applied in this state unless both of the following conditions are met:
(1) The materials have been approved and listed by the State Fire Marshal as complying with the requirements of this section. (2) The materials have passed at least five years of the 210-year natural weathering test. The 10-year natural weathering test required by this subdivision shall be conducted in accordance with Standards 15-2 of the 1994 edition of the Uniform Building Code at
34 a testing facility recognized by the State Fire Marshal.
SECTION 5: AMEMDMENT OF CODE. Section 15.04.040 [Amendments to the California Electrical Code] of Chapter 15.04 [Building Code] of Title 15 [Buildings and Construction] of the Town of Portola Valley Municipal Code is hereby added:
(Reserved)
SECTION 6: AMEMDMENT OF CODE. Section 15.04.050 [Amendments to the California Mechanical Code] of Chapter 15.04 [Building Code] of Title 15 [Buildings and Construction] of the Town of Portola Valley Municipal Code is hereby added:
(Reserved)
SECTION 7: AMEMDMENT OF CODE. Section 15.04.060 [Amendments to the California Plumbing Code] of Chapter 15.04 [Building Code] of Title 15 [Buildings and Construction] of the Town of Portola Valley Municipal Code is hereby added with the following:
OOO. Subsection 1211.8 Earthquake Actuated Gas Shutoff Valves, of the California Plumbing Code is hereby adopted.
SECTION 8: AMEMDMENT OF CODE. Section 15.04.070 [Amendments to the California Energy Code] of Chapter 15.04 [Building Code] of Title 15 [Buildings and Construction] of the Town of Portola Valley Municipal Code is hereby created with the following:
(Reserved)
SECTION 9: AMEMDMENT OF CODE. Section 15.04.080 [Amendments to the California Green Building Standards Code] of Chapter 15.04 [Building Code] of Title 15 [Buildings and Construction] of the Town of Portola Valley Municipal Code is hereby created with the following:
PPP. Section 101.12 of the California Green Building Standards Code is hereby added to added to read as follows:
101.12 Final determination of compliance.
Final determination of compliance and good faith effort to comply. Prior to the scheduling of a final building inspection for a covered project, the planning director or his/her designee shall review the documentation submitted by the applicant, and determine whether the applicant has achieved the required compliance of Subsections 4.106.4.1,
4.106.5, 4.106.5.1, 4.106.5.2, 4.305, and 5.106.13 and/or demonstrate that measures are in place to assure compliance not later than one year after approval of final building inspection. If the planning director or his/her designee determines that the applicant has
35 met the requirements of the above referenced subsections for the project, the final building inspection may proceed, provided the covered project has received approval of all other inspections required by the chief building official. If the planning director or his/her designee determines that the requirements of the above referenced subsections have not been achieved, the planning director or his/her designee shall find one of the following:
1. Good faith effort to comply: When an applicant submits a request in writing to the planning director or his/her designee for approval of a good faith effort to comply, the planning director or his/her designee shall determine that the applicant has made a good faith effort to comply with this chapter when finding that either a. The cost for providing green building documentation or assuring compliance is disproportionate to the overall cost of the project, or b. The green building materials and technologies on the green building checklist are no longer available or not yet commercially available, or c. at least eighty percent of the above referenced subsections have been achieved, and measures are in place to assure full compliance not later than one year after approval of the final building inspection.
Determination of a good faith effort to comply shall be made separately for each item on the green building project checklist. Granting of a good faith effort to comply for one item does not preclude the need for the applicant to comply with the other items on the green building checklist.
2. Non-compliant project. If the planning director or his/her designee determines that the applicant has not made a good faith effort to comply with above referenced subsections, or if the applicant fails to submit the documentation required within the required time period, then the project shall be determined to be non-compliant, and the final inspection and approval for the project shall be withheld. A final inspection shall not take place until the applicant has implemented equivalent alternate measures approved by the planning director or his/her.
3. Non-compliance. If, upon inspection, the building official or planning director determines that the covered project does not comply with the approved plans or above referenced subsections, a stop order shall be issued if the planning director or his/her designee determines that continuation of construction activities will jeopardize the project's ability to meet the required compliance threshold. The stop order shall remain in effect until project has been brought into compliance with the approved plans and/or checklist.
QQQ. Section 101.13 of the California Green Building Standards Code is hereby added to added to read as follows:
101 .13 Hardship or infeasibility exemption.
If an applicant for a covered project believes that circumstances exist that make it a hardship or infeasible to meet the requirements of Subsections 4.106.4.1, 4.106.5,
4.106.5.1, 4.106.5.2, 4.305, and 5.106.13, the applicant may request an exemption as
36 set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility.
1. Application. Any request for an exemption must be included at the time of application submittal. The applicant shall indicate the maximum threshold of compliance he or she believes is feasible for the covered project and the circumstances that he or she believes create a hardship or make it infeasible to fully comply with this chapter. Circumstances that constitute hardship or infeasibility include, but are not limited to, the following:
a. There is conflict with the compatibility of the above referenced sections with other town goals, such as those requiring historic preservation; b. There is conflict with the compatibility of the above referenced sections and the California Building Standards Code;
c. There is conflict with the compatibility of the above referenced sections and the town's zoning ordinance and/or architectural review criteria; and/or d. There is a lack of commercially available green building materials and technologies to comply with the above referenced sections.
2. Review by Architectural and Site Control Commission. For any covered project for which an exemption is requested and architectural and site control review is required, the architectural and site control commission shall provide a recommendation to the planning director or their designee regarding whether the exemption shall be granted, conditionally granted or denied, along with its recommendation on the project. For any project for which an exemption is requested based on the historic character of the building or site, the town historian shall provide a recommendation to the planning director or their designee regarding whether the exemption shall be granted or denied and shall determine whether the project is consistent with the Secretary of the Interior's Standards for Historic Rehabilitation.
3. Decision by Planning Director (or their designee). The planning director or their designee shall make a determination based on the information provided. The planning director or his/her designee shall determine the maximum feasible threshold of compliance reasonably achievable for the project. The decision of the planning director or their designee shall be provided to the applicant in writing. a. If the planning director or their designee determines that it is a hardship or is infeasible for the applicant to meet the requirements of this chapter, the request shall be granted. Notwithstanding, the applicant shall be required to comply with this chapter in all other respects and shall be required to achieve, in accordance with this chapter, the threshold of compliance determined to be reasonably achievable by planning director or their designee. b. If the planning director or their designee determines that it is reasonably possible for the applicant to fully meet the requirements of this chapter, the
37 request shall be denied. The project and compliance documentation shall be modified to comply with this chapter prior to further review of any pending planning or building application.
c. The planning director or their designee’s decision shall be final.
RRR. Subsection 102.3.1 of the California Green Building Standards Code is hereby added to read as follows:
102.3.1 Third party verification.
Third party verification of compliance for applicable building measures of this code is required and shall be provided by a Green Building Specialist as defined in chapter 2 of this code.
SSS. Section 202 of the California Green Building Standards Code is hereby amended to add the following definitions:
ALL-ELECTRIC BUILDING: An all-electric building is a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating, cooking appliances, and clothes drying appliances. All Electric Buildings may include solar thermal pool heating.
APPLIED WATER TURF CALCULATOR: An applied water turf calculator is a tool that uses data and methodology from the California Department of Water Resources to estimate the irrigation water requirements for turf minus any water supplied by effective rainfall and effective ground water seepage. The calculator uses the evapotranspiration of applied water (ETaw) for cool-season and warm-season turf that was calculated based on a six-year period of climate data specific to a 4x4 km grid spacing within the town.
GOOD FAITH EFFORT: A good faith effort means a project that has not met the required compliance threshold, but for extenuating reasons or reasons beyond the control of the applicant, the planning director or his/her designee has found that the project meets the good faith effort provisions of Subsection 101.12.
GREEN BUILDING SPECIALIST: A green building specialist is a person that is LEED certified for the building type, trained through Build It Green as a certified green building professional, or similar qualifications as approved by the planning director or their designee.
RAINWATER CATCHMENT SYSTEM: Rainwater catchment system means the collected precipitation from rooftops and other above-ground impervious surfaces that is stored in catchment tanks for later use.
38 TURF: Turf means a ground cover surface of mowed grass. All of the following qualify as turf: annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and tall fescue (cool-season grasses). Bermuda grass, Kikuyu grass, Seashore Paspalum, St.
Agustine grass, Zoysia grass, and Buffalo (warm-season grasses).
TTT. Section 202 of the California Green Building Standards Code is hereby amended to incorporate the following amendment to the term below:
NEWLY CONSTRUCTED (or NEW CONSTRUCTION). A newly constructed building (or new construction) does not include additions, alterations or repairs. For the purposes of this code, additions, alterations and additions that include alterations to existing lowrise residential buildings for which building permit(s) have been issued within any 12- month period that collectively exceeds more than 50 percent of the existing floor area, 50 percent of the existing wall area or when the combination of the percentages of affected floor area and affected wall area exceeds 50 percent are treated as newly constructed (or new construction). In calculating these percentages, the following guidelines shall apply:
(1) Calculation of Percentage of Affected Floor Area (PFA): The floor area of any addition, all rooms affected by any addition, and the floor area of all rooms affected by structural changes made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, footings, piles or retaining walls or similar components, shall be included in computing the floor areas for applying this section. (2) Calculation of Percentage of Affected Wall Area (PWA): The calculated wall area affected shall include all interior and exterior walls where no studs are proposed to be remain or if some studs remain and/or if the surface of both sides of the studs are proposed to be removed such that one can see through the wall. (3) Calculation of Combination of Percentage of Affected Floor Area (PFA) and Wall Area (PWA): The combination of the
percentage of affected floor as described above plus the percentage of wall area as described above (PFA + PWA > 50%).
UUU. Subsection 301.1.1 of the California Green Building Standards Code is hereby amended to read as follows:
301.1.1 Additions and alterations.
[HCD} the mandatory provisions of Chapter 4 shall be applied to additions and alterations of existing residential buildings where the addition or alteration increases the building’s
39 conditioned area, volume or size. The requirements shall apply only to and/or within the specific area of the addition or alterations.
The mandatory provisions of Section 4.06.4.2 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing multifamily buildings. See Section 4.106.4.3 for application.
NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or maintaining existing lighting fixtures are not considered alterations for the purposes of this section.
Exception:
All residential construction additions, alterations, repairs, and/or accessory dwelling unit conversions that include the installation of a new or the replacement, upgrade or relocation of an existing air conditioning condensing unit and/or the replacement/upgrade to the main electric panel shall comply with Section 4.106.5.2.
VVV. Subsection 4.106.4.1 of the California Green Building Standards Code is hereby amended to read as follows:
4.106.4.1 New one- and two-family dwellings and townhomes with attached private garages.
All new one- and two family dwellings and townhomes shall have an electric vehicle (EV) ready space supplied by a minimum 40-ampere 208/240 branch circuit.
4.106.4.1.1 Identification.
The service panel or subpanel circuit directory shall identify the overcurrent protective device as “EV READY”. The raceway termination shall be permanently and visibly marked as “EV READY”.
WWW. Section 4.106.5 of the California Green Building Standards Code is hereby added to read as follows:
4.106.5 Buildings Electrification.
A Newly constructed building shall comply with Section 1.406.5.1. Additions and alterations to existing buildings shall comply with Section 1.406.5.2.
XXX. Section 4.106.5.1 of the California Green Building Standards Code is hereby added to read as follows:
40 4.106.5.1 Newly Constructed Buildings.
Newly constructed buildings shall be constructed as all-electric buildings.
YYY. Section 4.106.5.2 of the California Green Building Standards Code is hereby added to read as follows:
4.106.5.2 Residential additions, alterations and accessory dwelling unit conversions.
All residential construction additions, alterations, repairs, and/or accessory dwelling unit conversions that do not meet the definition of newly constructed that include the installation of a new or replacement, upgrade or relocation of an existing air conditioning condensing unit and/or the replacement/upgrade to the main electric panel shall comply with the following:
1. The installation of a new or replacement, upgrade or relocation of an existing air conditioning condensing unit shall be replaced with a reverse cycle air conditioning condensing unit (heat pump).
2. The replacement/upgrade to the main electric panel shall have:
a. The electrical capacity for and reservation of breaker space in the panel to accommodate the existing single-family
electrical load and the future electrification of:
• An electric stove and oven if the current stove and/or oven are gas:
• An electric clothes dryer if the current clothes dryer is gas;
• One level 2 electric vehicle charging equipment (EVCE); • Photovoltaic panels (PV); and
• For a 240-volt circuit capable of providing electricity to operate a HPWH of comparable size to the existing gas
fired water heater but a minimum of 30 amps per water
heater.
b. All reserved breaker spaces shall be permanently marked as “For Future EVCE, PV and HPWH use”.
c. A dedicated 240-volt branch circuit shall be installed within three (3) feet from the existing water heater location and shall be rated at 30 amps minimum. Both ends of the unused conductor shall be labeled with the word “spare”, be
identified as 240 V ready.
Exception: Multifamily buildings as defined in section
15.10.030 where the water heaters are located in each
dwelling unit.
41 ZZZ. Section 4.304.2 of the California Green Building Standards Code is hereby added to read as follows:
4.304.2 Reduction of potable water use on turf.
For all projects with landscapes that include the use of turf, install rainwater catchment system. Irrigation needs of turf should be calculated using the Applied Water for Turf Calculator. All rainwater catchment systems must be installed in compliance with California Plumbing Code in effect at the time of Building permit application.
1. Rainwater Catchment System Size. The rainwater catchment system size shall be determined by using the Applied Water for Turf Calculator. The rainwater catchment system will need to be sized in order to satisfy 50 percent of the estimated annual water demands for the first 500 square feet of turf installed on the project. The rainwater catchment system will need to be sized in order to satisfy 100 percent of the estimated annual water demands for installed turf that is greater than 500 square feet.
2. Alternative. A fully installed graywater system connected to an irrigation system that can satisfy all of the annual water demands of turf as identified in the Applied Water for Turf Calculator can be used as an alternative to installing a rainwater catchment system.
AAAA. Section 4.305 of the California Green Building Standards Code is hereby amended to read as follows:
4.305 Graywater “Ready” Infrastructure [LR].
Install graywater “ready” systems as outlined below. Additional plumbing piping is installed to permit the discharge from all clothes washers and all applicable fixtures from bathrooms located above grade to allow for future installation of a distributed irrigation system, either subsurface or treated. All graywater “ready” systems must be installed in compliance with the California Plumbing Code in effect at the time of Building permit application.
1. Identify an appropriate location for possible future installation of a graywater treatment system, including storage tanks.
2. Include either a separate multiple pipe outlet or a diverter valve and an outside “stub-out” installation on clothes washing machine hook-ups, to allow separate discharge of graywater direct for irrigation.
3. Include a building drain(s) for lavatories, showers, and bathtubs, segregated from drains for all other plumbing fixtures, connected to the black water pipe a minimum