Portola Valley City Council
March 29, 2023

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Town
Comment
Number
HCD Comment Town Response
1 A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
The review requirement is one of the most important features of the element update. The review of past programs should analyze the Town’s accomplishments over the previous planning period. This information provides the basis for developing a more effective housing program.

As part of the evaluation of programs in the past cycle, the element must provide an explanation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers, and persons experiencing homelessness).

Added a list of key accomplishments during the 5th Cycle and additional evaluation on t of past programs in meeting the needs of special needs populations to Appendix D, Rev 2015-2023 Housing Element Performance.
2 B. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A))
Integration and Segregation: The element includes some data on integration and segregation at the regional and local level; however, the element must also analyze segregation and integration of familial status and persons with disabilities, including a discussion of patterns and trends over time.

Added data on familial status under Section 3, AFFH, Primary Findings (fifteenth bullet). Data on persons with disabilities can be found in the text under Section 3, AFFH, Primary Findings, (third and second to last bullets) and Appendix C, AFFH,

4.3.3 Disability Status.
3 Racial/Ethnic Areas of Concentration of Areas of Affluence (RCAA): The element includes information relative to Racially and Ethnically Concentrated Areas of Poverty (R/ECAP) but should also address concentrated areas of affluence. The combination of the R/ECAP and areas of affluence analyses will help guide goals and actions to address fair housing issues. The analysis should evaluate the patterns and changes over time at a local (e.g., neighborhood to neighborhood) and regional level (e.g., Town to region).

Added RCAA text in Appendix C, AFFH, 4.3.3 Racially or Ethnically Concentrated Areas of Poverty and Affluence and Section 3, AFFH, Primary Findings. 4 Disproportionate housing needs and Displacement Risk: The element does include data on overcrowded households, substandard housing conditions, but it must also analyze the cost burdened and extreme cost burdened rates for owner households.

Added Figures 3-2: Overpayment by AMI and 3-3: Overpayment by Tenure and additional text to Section 3, AFFH under subheading Primary Findings, and to Appendix C, AFFH, Section 6.2 Cost Burden and Sever Cost Burden. 5 Site Inventory: The Town is predominantly a highest resource category according to TCAC/HCD Opportunity Maps and is predominantly higher income. Sites should be analyzed in relationships to any RCAA identified. The element should also include specific analysis of the Town compared to the region and should formulate policies and programs to promote an inclusive community. For example, the Town should consider additional actions (not limited to the Regional Housing Needs Allocation (RHNA) to promote housing mobility and improve new housing opportunities throughout the Town.

Added text under Appendix C, AFFH, 7.2 Distribution of sites in the Site Inventory and Section 3, AFFH, Primary Findings.

Added language to Section 6, Adequate Sites discussing how Sites locations will help address concerns described in Section 3, AFFH.
6 Contributing Factors: The element must prioritize contributing factors to fair housing issues, giving highest priority to those factors that most limit or deny fair housing choice or access to opportunity Added text in Section 3, AFFH, Table 3-1 to denote “low, medium, and high” prioritization of Contributing Factors.

Exhibit B - Response to HCD Letter

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or negatively impact fair housing or civil rights compliance. Contributing factors create, contribute to, perpetuate, or increase the severity of fair housing issues and are fundamental to adequate goals and actions. Examples include community opposition to affordable housing, housing discrimination, land use and zoning laws, lack of regional cooperation, location and type or lack of affordable housing and lack of public or private investment in areas of opportunity or affordable housing choices. The analysis shall result in strategic approaches to inform and connect goals and actions to mitigate contributing factors to affordable housing. 7 2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
While the element identifies the total number of overpaying households, it must quantify and analyze the number of overpaying lower-income households by tenure (i.e., renter and owner). For additional information and sample analysis, see the Building Blocks at https://www.hcd.ca.gov/hcdmemos.

Added Figures 3-4 and 3-5 Cost Burden by Income for Owners, and for Renters, respectively, showing overpayment by tenure by income level to Section 3, AFFH under subsection Primary Findings. Added analysis of data. 8 3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
The Town has a RHNA of 253 housing units, of which 115 are for lower-income households. To address this need, the element relies on pipeline projects, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), an Opt-in-Single-Family Rezoning Program and adopting three new zoning districts to allow multifamily dwellings. To demonstrate the adequacy of these sites and strategies to accommodate the Town’s RHNA, the element must include complete analyses:

Pipeline Projects: The Town’s RHNA may be reduced by the number of new units built since July 1, 2022. The element indicates 17 units affordable to low-income households are pending in the Willow Commons and Stanford Wedge projects but must also demonstrate the affordability of the units. Specifically, the element must assign these units to the various income groups based on actual or anticipated sales price or rent level of the units or other mechanisms ensuring affordability (e.g., deed-restrictions) and demonstrate their availability in the planning period. For units in the pipeline, the element should describe the status of the application, required entitlements, and anticipated date of approval.

Added language to Section 6, Adequate Sites under subheading Pipeline and Pending Projects, with additional details on the Willow Commons and Stanford Wedge projects.
9 Realistic Capacity: While the element provides assumptions of buildout for sites included in the inventory, it must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.

Added language to Section 6, Adequate Sites under subheading Realistic Capacity, describing local setting (no multifamily zones, limited multifamily development), site quality, and the rezonings.
10 Opt-In-Single-Family Rezoning Program: In order to accommodate the remaining need for the above moderate-income RHNA, the town is proposing to develop a program where property owners can opt-in to rezone their parcel to allow for 4 units per acre and a maximum of four dwelling units per lot. The Town is expecting to increase capacity by 12 units. In order to count these proposed unit towards the RHNA, the element must further describe the potential for additional capacity using Added language to Section 6, Adequate Sites under Subheading Opt-In Housing Program, providing additional detail on how the program would function, program incentives the review process for applicants. Revised Opt-In program language in Section 7, Programs (Program 1-3) to reflect additional program details.

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the Opt-In-Single-Family Rezoning Program within the planning period. This must include reviewing program guidelines and processes, include a description of existing uses, the number of parcels that could apply for the rezone including a sample parcel inventory, a survey or other methodology to show how many parcels would potentially rezone in the planning period, and incentives for property owners to opt into the program. Please be aware, pursuant to Government Code section 65583 (c)(1)(A), rezones to accommodate RHNA must occur within three years from date of adoption of the element. The element should include a program to monitor application of the program to ensure that rezonings have been completed within that timeframe and commit to rezone or amend the housing element to identify additional sites. 11 Affiliated Housing Sites: The element identifies two sites that will not be rezoned but are anticipated to be developed under the Affiliated Housing Site Program including the 42 Acre Sequoia Housing Site and the Christ Church Affiliated Housing site. The element must include information that demonstrates the potential for development within the planning period including, but not limited to, information on proposed projects within the planning period, analysis on existing uses and whether those existing uses could impede development, and approval procedures (see next section). The element could also include programs that commit to facilitating the development of these properties and commit to monitor production throughout the planning period and if necessary additional actions to identify additional capacity.

Added language to Section 6, Adequate Sites, under subheading Affiliated Housing Sites to describe the codification of the Affiliated Housing Program and more information about the Sequoias and Christ Church sites. 12 ADUs: The element relies on 92 ADUs to accommodate a portion of the Town’s RHNA. For your information, HCD records indicate permitted ADUs of 7 in 2018, 7 in 2019 and 3 in 2020. The element should reconcile these numbers and adjust assumptions as appropriate. The element must clarify these ADUs numbers in relationship to the projections, reconcile these numbers and adjust assumptions as appropriate. Depending on the analysis, the element must commit to monitor ADU production and affordability throughout the planning period and implement additional actions if not meeting target numbers within a specified time period (e.g., within six months). Finally, if necessary, the degree of additional actions should be in stride with the degree of the gap in production and affordability. For example, if actual production and affordability of ADUs is far from anticipated trends, then rezoning or something similar would be an appropriate action. If actual production and affordability is near anticipated trends, then measures like outreach and marketing might be more appropriate.

Added languages to Section 6, Adequate Sites, under subheading Accessory Dwelling Units and Junior Accessory Dwelling Units to strengthen assumptions about ADU production.

HCD, Thank you for noting the discrepancy between the Town’s records and HCD records. The Town is aware of past reporting errors that need to be corrected with HCD. Unfortunately, the report form was completed incorrectly so the numbers do not align.
(Town may need to add a program to resolve the past reporting problems.) 13 Environmental Constraints: While the element generally describes a few environmental conditions within the Town (page 68), it must describe any known environmental constraints within the Town that could impact housing development in the planning period. (Gov. Code, § 65583.2, subd. (b).) For additional information and sample analysis, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/site-inventory-analysis/analysisof-sites-and-zoning.shtml#environmental.

Added discussion of biological and hazardous materials to Section 4, Constraints under the Environmental Constraints subheading.
14 Sites with Zoning for a Variety of Housing Types:
 Emergency Shelters: The element should describe the development standards of the zone that allows emergency shelters by-right and should provide an analysis of proximity to transportation and services for these sites, hazardous conditions, and any conditions in appropriate for human habitability. Specifically, the element. In addition, the element should describe how emergency shelter parking requirements are in line with AB139/Government Code section 65583, subdivision (a)(4)(A) or include a program to comply with this requirement.

Added language to Section 4, Constraints under subheading Zoning Code describing addition of Emergency Shelters to new code for Multi-Family zones, and shelter regulations as permitted by Government Code section 65583 (a)(4)(A).

Added language to Section 2, Housing Needs, referring to Emergency Shelter updates in new Multi-Family zones, as described in Section 4, Constraints. 15  ADUs: The element indicates the Town modified its zoning code to ease barriers to the development of ADU’s. However, after a cursory review of the Town’s ordinance, HCD discovered Added Program 7-8, Update Town’s ADU ordinance regularly to comply with state law, to Section 7, Goals, Policies, and Programs. A description of Program 7-8 was

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several areas which were not consistent with State ADU Law. HCD will provide a complete listing of ADU non-compliance issues under a separate cover. As a result, the element should add a program to update the Town’s ADU ordinance in order to comply with state law. also added to Section 6, Adequate Sites, where the proposed ADU programs are described, under subheading Proposed ADU and JADU Policies and Programs. 16 4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). (Gov. Code, § 65583, subd. (a)(5).) Multi-Family Zoning and Mixed-Use Zoning Districts: As stated above, to accommodate the town’s RHNA, three new multifamily zoning districts will be created to accommodate 4 units, 6 units, and 20 units per acre respectively. While HCD recognizes that zoning has not yet been created to implement the new zones, the element should generally describe and commit to expectations for development standards in these zones. For example, the element should describe expected height limits, parking, and other standards that will facilitate development at the densities proposed. This is particularly critical because the Town currently does not have any zoning districts that specifically allow for multifamily.

Updated Section 6, Adequate Sites to add basic development standards.

Corresponding zoning code amendments are underway and expected to be completed by July 2023.
17 Minimum Density Equals Maximum Density: The element states that the density for the new multifamily district allows 20 dwelling units an acre. However, the element must clarify if the minimum density for the rezone is also the maximum density. The element must analyze this narrow range of density (20 units per acre) as a potential governmental constraint on housing development including potential impacts resulting from site constraints, financial considerations, and other development
factors.

Updated Section 6, Adequate Sites, to clarify minimum and maximum densities for the new Multi-Family and Mixed Use Districts. The R-MF-20 allows between 10 to 20 dwelling units per acre and the R-MF-4 allows between 2 to 4 dwelling units per acre.

The MU allows between 4 to 6 dwelling units per acre.
18 Zoning, Development Standards and Fees: The element must clarify compliance with new transparency requirements for posting all zoning, development standards and fees on the Town’s website and add a program to address these requirements, if necessary. 19 Design Review (D-R) Combining District: The element must further describe and analyze the Design Review Combining District and Architectural and Site Control Commission (ASCC). The element must include a description of any guidelines and design criteria, approval procedures, and decision-making criteria, for their impact as potential constraints on housing supply and affordability. For example, the analysis should consider processing and approval procedures and timeframes, level of review, subjectivity of approval findings and any discretionary approval procedures. The element should also indicate if housing under the new multifamily zoning districts will be subject to this procedure. The element must demonstrate these processes are not a constraint or it must include a program(s) to address this permitting requirement, as appropriate.

Updated Section 4, Constraints, to clarify limited scope of D-R Combining District and add information about ASCC review process.
20 Affiliated Housing Program: The element identifies two sites within the inventory for potential for development through the Affiliated Housing Program. While the element provides a brief description (page 82), it must include further information and analysis on how projects proposed under this program are approved. For example, what development standards apply to the project, what types of finding are necessary to approve the conditional use permit, standards that are Section 7, Goals Policies and Programs (Programs 1-4 and 4-2) updated with detail on the Affiliated Housing Program.
in Section 4, Constraints, subsection Conditional Use Permit and Planned Unit Development Permit Processes updated to explain why the permit process does not

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required to opt-in to the program, and other requirements that impact the feasibility of development on sites within the overlay.
impact the feasibility of development. Additionally, each Affiliated site is discussed in detail in Section 6, Adequate sites.
21 Streamlining Provisions: The element must clarify whether there are written procedures for the SB 35 (Chapter 366, Statutes of 2017) Streamlined Ministerial Approval Process and add a program to address these requirements as appropriate.

Added language in Section 4, Constraints, clarifying that, while the Town has not adopted its own procedure, it will follow State law when processing SB 35 applications.
22 Building Codes and Enforcement: While the element states that it has adopted the 2019 building code, it must also describe any local amendments to the building code and enforcement of the codes for impacts on housing supply and affordability.

Added language in Section 4, Constraints, to specify the local amendments related to sustainability and fire safety.
23 Constraints on Housing for Persons with Disabilities: The element briefly describes its reasonable accommodation measures (page 51). However, the element should describe the process and decision-making criteria such as approval findings and analyze any potential constraints on housing for persons with disabilities.

The element must also address how non-licensed group home facilities that serve seven or more residences is permitted. Zoning and standards should simply implement a barrier-free definition of family instead of subjecting, potentially persons with disabilities, to special regulations. Zoning code regulations that isolate and regulate various types of housing for persons with disabilities based on the number of people and other factors may pose a constraint on housing choice for persons with disabilities. The element should include specific analysis of these and any other constraints for impacts on housing for persons with disabilities and add or modify programs as appropriate.

Updated subsection Zoning for a Variety of Housing Types in Section 4, Constraints to indicate plan to modernize the Municipal Code definition of “household” and added action 8-9 to TABLE 3-1in Section 3, Affirmatively Furthering Fair Housing. 24 Water Sewer Priority: For your information, water and sewer service providers must establish specific procedures to grant priority water and sewer service to developments with units affordable to lower-income households. (Gov. Code, § 65589.7.) Local governments are required to immediately deliver the housing element to water and sewer service providers. HCD recommends including a cover memo describing the Town’s housing element, including the Town’s housing needs and regional housing need. For additional information and sample cover memo, see the Building Blocks at https://www.hcd.ca.gov/priority-for-water-and-sewer.

Thanks HCD – Town will distribute Housing Element to water provider. 25 5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. (Gov. Code, § 65583, subd. (a)(6).)
Developed Densities and Permit Times: The element must be revised to include analysis of requests to develop housing at densities below those anticipated, and the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially hinder the construction of a locality’s share of the regional housing need. (Explanation will be provided to HCD)

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26 6. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).) While the element quantifies some of the Town’s special needs populations, it must also analyze their special housing needs. The element must also quantify the number of the elderly and large households. For a complete analysis of each population group, the element should discuss challenges faced by the population, the existing resources to meet those needs (availability senior housing units, # of large units, # of deed restricted units, etc.,), an assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps.

Further analysis added to Section 2, Housing Needs, subsection Large Households In looking at the data again, only 2.1% of the housing stock is small multi-family (48 units), while 29% of the pop is over 65 (1,336 ppl). This shows we don’t have the small units to meet the possible demand of our older population. Do we need to say more about this?
27 C. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).)
Programs must demonstrate that they will have a beneficial impact within the planning period.

Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation. Deliverables should occur early in the planning period to ensure actual housing outcomes. To address the program requirements of Gov. Code section 65583, subd. (c)(1-6), and to facilitate implementation, programs must include:
(1) specific actions the local government will take during the planning period; (2) timelines that result in beneficial impacts within the planning period; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials.

Added language to Section 7, Goals, Policies and Programs clarify and solidify objectives and timeframes for programs throughout. Deliverables are generally early in the planning period in order to allow time for outcomes to occur. 28 Additionally, all programs should be evaluated to ensure meaningful and specific actions and objectives. Programs containing unclear language (e.g., “Evaluate”; “Consider”; “Encourage”; etc.) should be amended to include more specific and measurable actions. Programs to be revised include, but are not limited to, Programs 1-1-4, 2-1. 3-2, 4-1, 4-2, 4-3, 4-4, and 6-3.

Programs have been updated to provide more clarity and specificity. 29 Transitional Housing and Supportive Housing: The element must include a program to amend the zoning ordinance to permit transitional and supportive housing as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (c)(3).) For additional information, see the Building Blocks’ at https://www.hcd.ca.gov/zoning-for-a-variety-of-housingtypes and HCD’s SB 2 memo at http://www.hcd.ca.gov/community-development/housingelement/housing-element-memos/docs/sb2_memo050708.pdf.

This code amendment has already been completed so no program is necessary. 30 Developmental Disabilities: The element must include a program to assist in the development of housing for persons with developmental disabilities (SB 812). Program actions could include proactive outreach and assistance to non-profit service providers and developers, prioritizing some funding for housing developments affordable to special needs households and offering financial incentives or regulatory concessions to encourage a variety of housing types.

Added new Policy 9 and program 9-1 to Section 7, Goals, Policies and Programs to assist in the development of housing for persons with developmental disabilities. 31 2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate Language has been added to Section 6, Sites describing the Opt-In Housing Program in more detail, to Section 7, Goals, Policies and Programs describing various ADU

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that portion of the town’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factorybuilt housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) As noted in Finding B3, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the Town may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. programs, and to Section 4, Constraints, describing the inclusion of updated Emergency Shelter language in the new Multi-family zoning standards. 32 Programs 1-1, 1-2, 1-3: These programs currently have a timeframe for completion of January 2031.

Because these programs are required to accommodate the RHNA, pursuant to Government Code section 65583 (c)(1)(A) rezones must be completed within three years from the date of adoption.

For your information, if rezones are completed after January 31, 2023, the element must also demonstrate Program 1-1 complies with the requirements of Government Code section 65583.2, subdivisions (h) and (i). For example, while the element indicates the residential capacity of the rezoned sites, it must also demonstrate the rezoned sites have a site capacity of at least 16 units, permit rental and owner multifamily development without discretionary review at minimum densities of at least 16 or 20 dwelling units per acre, and that at least at least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for exclusive residential uses or on sites zoned for mixed uses that accommodate all of the very low and lowincome housing need, if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project. For additional information, go to https://www.hcd.ca.gov/hcd-memos.

Section 7, Goals, Policies and Programs updated to reflect completion timeframe for programs 1-1, 1-2 and 1-3.
33 Program 1-4: The program should be revised to describe incentives for the Affiliated Housing Program and as stated above, include a program to monitor development of sites within the Affiliated Housing Program. In addition, the municipal code update should occur sooner in the planning period to have a beneficial impact.

Updated Program 1-4 to increase monitoring and clarify when code amendments will be done.
34 3. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov.

Code, § 65583, subd. (c)(2).)
Extremely Low-Income Program (ELI): While the element includes programs to assist in the development of very low-, low-, and moderate-income households, it must also include a program(s) to assist in the development of housing affordable households. Programs must be revised or added to the element to assist in the development of housing for ELI households.

Program actions could include prioritizing some funding for housing developments affordable to ELI households and offering financial incentives or regulatory concessions to encourage the development of housing types, such as multifamily, single-room occupancy (SRO) units, to address the identified housing needs for ELI households. For additional information, see the Building Blocks at https://www.hcd.ca.gov/extremely-low-income-housing-needs.

Added language to Section 4, Adequate Sites under subheading Non-Vacant Underutilized Sites describing RFP process for Ford Field site and Town’s control over number and type of low income and/or special needs units to be developed. The Town will require that 50 low income units be developed, with 5% set aside for extremely low income and/or special needs. If supportive housing is proposed, the Town will waive fees and expedite permit review, as was done with Willow Commons.

Program 1-1, New Gateway Land Use Classification, describes how the site will allow for affordable housing. Program 3-1, Initiate Site Planning Process in Gateway, provides for pursing an affordable housing project on the site.

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35 4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. ©(3).)
As noted in Finding B4 and B-5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the Town may need to revise or add programs and address and remove or mitigate any identified constraints.

Language in Section 7, Goals, Policies and Programs has been updated to reflect responses to comments on constraints. See responses to Comments 16-24. 36 Program 4-1: This program should be revised to include specific details of the new parking requirements for affordable housing.
37 Program 4-4: This program should be revised to clarify that the zoning regulations and objective standards will facilitate the development of residential units at the densities proposed.

Program 4-4 removed and language integrated into other programs. 38 Pursuant to conversations with staff, the Town’s density bonus may be out of date with state law.

The element should include a program to update the ordinance accordingly.

Updated Program 4-2 in Section 7, Goals, Policies and Programs to include annual assessment of Density Bonus Law and regular reviews of Affiliated Housing Program 39 5. The Housing Element shall include programs to conserve and improve the condition of the existing affordable housing stock. (Gov. Code, § 65583, subd. ©(4).) Conserve and Improve: The element must include a program(s) to conserve and improve the condition of the existing stock, which may include addressing the loss of dwelling units. A program could provide grants for substantial rehabilitation, provide matching grants for homeowner improvements, or implement proactive code enforcement program.

The Housing Element includes multiple programs which support the conservation and improvement of housing units within Portola Valley (described in Section 7, Goals, Policies, and Programs):
• 7.2 ADU Amnesty program. Added language clarifying that, once legalized, previously unpermitted ADUs could then be improved via building permits from the Town. The Town’s existing ADU Ambassador program can help spread the word about the Amnesty program. The Town estimates that 15 ADUs will be rehabilitated through the Amnesty Program (Table 7-2).
• 7.3 Building Division support for JADU construction. The Town will provide property owners with direct assistance in making minor changes to accommodate a JADU. If rented, a new JADU would provide an income stream to the homeowner, which could be used for home improvements to their existing home.

In addition, Portola Valley’s Home Hardening Ordinance, which is already in effect, incorporates specific building requirements into the Town municipal code that improves the fire safety of buildings by “hardening” them against fire. Where implemented, these home hardening elements will help preserve the home, by improving the likelihood that a home will survive a wildfire.

Finally, it is worth noting that Portola Valley’s high land values and high-income levels make it extremely unlikely that a home will fall into disrepair, become uninhabitable, or sit vacant. Further discussion on this topic can be found is Section 2, Housing Needs, under subsection Housing Condition.
40 6. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Added language to relevant policies in Section 7, Goals, Policies, and Programs describing which contributing factors from Table 3-1: Summary Matrix of Fair Housing Issues and Actions would be addressed by any given policy, in order to more

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Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. ©(5).)
Goals and actions must significantly seek to overcome contributing factors to fair housing issues. Currently, the element identifies programs to encourage and promote affordable housing; however, most of these programs do not appear to facilitate any meaningful change nor address affirmatively furthering fair housing requirements. Furthermore, the element must include metrics and milestones for evaluating progress on programs, actions, and fair housing results and include geographic targeting as appropriate. Given that most of the Town is considered a highest resource community, the element could focus on programs that center on place-based strategies for economic and community revitalization, protecting residents from disaster-driven and investment-driven displacement, and enhancing housing mobility to encourage the development of more housing choices and affordable housing. Programs also should be based on identified contributing factors, be significant and meaningful. The element must add, and revise programs based on a complete analysis and listing and prioritization of contributing factors to fair housing issues. For example, the Town could consider is tying Program 8-7 towards actions to improve nongovernmental constraints such as mortgage acceptance rates. For more information, please see HCD’s guidance at https://www.hcd.ca.gov/community-development/affh/index.shtml. clearly draw a through line from fair housing contributing factors to the Town’s Policies and Programs.

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Portola Valley Town Council Subcommittee
Preliminary Post-Adoption Implementation Plan and
Related Recommendations
for 6th Cycle Housing Element
March 22, 2023
Attachment 11
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GP = General Plan
HE = Housing Element
MMRP = Mitigation monitoring and reporting program, part of the IS/MND PC = Planning Commission
PCCM = Planning Commission Colleagues Memo dated February 8, 2023 Post HE Plan = Post-Adoption Housing Element Plan
TC = Town Council
TC HE Subcommittee = Town Council Post HE Plan Subcommittee Definitions
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Overview: We summarize steps proposed to be taken concurrently with or after adoption of the Town’s updated HE.

Goal: Support and enhance the Town’s ability to accommodate additional housing in accordance with our General Plan.

Sources: Discussions during meetings of various committees and commissions and the Town Council in connection with the HE, as well as initiatives that the TC HE Subcommittee suggests be included in the Post HE Plan.

NOTE: This is not intended to be the Post HE Plan; it merely summarizes topics that the Post HE Plan and other documents (HE, MMRP, Safety Element) will address.

Next steps on Post HE Plan: We envision the full Post HE Plan as being defined concurrently with, or immediately after (within 30 days) the HE adoption by the Town. 130 of 185
Goal:

Discuss and align on which of the actions proposed by the PCCM and the TC HE Subcommittee to take, in which document, and by which means.

Topics:
• Housing Site Inventory Follow up
• Zoning, Design Review Actions and Related General Plan Updates • CEQA Guidelines/Local Guidance
• Supplemental Safety Measures for HE
• Impact of HE on Services and Infrastructure
• Housing Funds Develop Policy for Use of Inclusionary Funds • Encourage Community and Civic Engagement
• Develop Housing Element Information Repository
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Action 1. Evaluate and propose Sunrise opportunity sites.

2. Initiate longer term planning efforts for future housing cycles.

Placement HE for Sunrise duration and intent to identify substitute sites for Dorothy Ford Park and Open Space (before an RFP process commences), and Post HE Plan for details on further timing for specific Sunrise efforts, committee composition and processes, and ADU/JADU efforts described below.

Process On item 1 under this topic, within 3 months after the HE adoption, a TC subcommittee would be formed to oversee preliminary work, with planning staff support, to identify potential alternative sites and/or other programs that may address our RHNA requirements currently addressed with Dorothy Ford Park and Open Space. Such subcommittee would conduct initial outreach to the community (through public meetings) and to owners of properties that may serve as alternative sites.

No later than 9 months after adoption of HE, establish an ad hoc committee consisting of Town committee, commission and council members along with Town residents, which would work with staff and consultants, to discuss, evaluate and prioritize all opportunities, and gather financial, property rights and other relevant information to guide discussions of alternative sites in light of the Town ethos and the General Plan. This ad hoc committee would also evaluate opportunities to reconfigure Dorothy Ford Park and Open Space, if alternative sites are not identified, and understand the potential costs of doing so. The Post HE Plan would outline these activities in more detail.

Topic 1: Housing Site Inventory Follow up
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Process On item 2 under this topic, within 2-3 years after adoption of HE, form a working group or ad hoc committee to focus on conducting community discussions of longer term Town housing needs outside of current HE efforts and RHNA requirements, to focus proactively and with deliberation on longer term Town housing needs. These efforts would be integrated with efforts by the ADU Working Group to engage in further phases of understanding community interest in ADUs and JADUs, including amnesty programs. This effort would also develop policies and approaches to consider to support ADU, JADU and amnesty programs, including fee waivers or reductions, incentives to rent at affordable rates, and tracking information useful to demonstrate that some portion of Town ADU and JADU units are eligible to be designated as very low and low income category units (e.g., through short term deed restrictions, voluntary tracking and reporting, etc.).

Further efforts would include tracking, on a quarterly basis, each existing site or newly identified available sites as the Sunrise effort evolves, noting any legal or other impediments to including such sites in the Housing Element, and the rationale for why such sites were selected or omitted from the Housing Element.

Comments The intent of this effort is to maximize success of Sunrise provision to identify alternatives to development of Dorothy Ford Park and Open Space, to retain as much as possible the aesthetic, recreational and natural attributes of these sites while complying with our HE commitments, to the maximum extent possible. This effort would also entail understanding the costs of such efforts. Furthermore, the Post HE Plan would include an approach for a more continual evaluation of housing needs in Town to avoid time-constrained, rushed analyses in future HE cycles.

Topic 1: Housing Site Inventory Follow up (cont’d)
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Action Within 6 months after adoption of HE, review, discuss and adopt zoning changes needed to ensure further consistency and fidelity of HE with GP, and develop objective design criteria consistent with Town design guidelines for use in complying with state requirements for certain future development projects in a manner consistent with the GP.

Placement HE (already recited in Program 1-1c for objective criteria) and Post HE Plan Process Planning Staff and consultants with relevant expertise relating to necessary zoning changes and objective design criteria would develop proposal. The proposal would be submitted to PC and TC for recommendation and adoption. One or two public awareness, education and comment meetings should be considered after the initial PC study session, conducted with support by the staff and consultants.

Comments In the course of implementing the new HE, the Town will need to adopt zoning changes and objective design review guidelines. The timelines and sequence of activities will be set out in the Post HE Plan. In the unlikely event that General Plan updates are needed in light of these changes, they could be adopted as part of longer term effort to update General Plan, unless required to be adopted earlier under law. Objective design standards would be developed as soon as practical given that they are a critical means of requiring new project development to be consistent with the Town’s General Plan and ethos.

Topic 2: Zoning, Design Review Actions and Related General Plan Updates 134 of 185
Action 1. Within 6 months after HE adoption, establish CEQA guidelines per 14 CCR Section 15022.

2. Within 8 months after HE adoption, establish local guidance concerning aesthetics, parks and recreation, public services, traffic and wildfire safety to guide future development, with reference, where available, to approaches taken by jurisdictions that have adopted similar measures (such as Gilroy, Los Angeles, San Diego, Oakland and Laguna Niguel).

Placement MMRP
Process Planning Staff and CEQA expert to address item 1 under this topic, and submit for TC approval. Planning Staff with CEQA and other consultants to develop framework for item 2 under this topic based on references to other jurisdictions adopting similar local parameters, then submit for discussion and review by the Planning Commission to tailor to community values and the Town’s General Plan. It would then be submitted for adoption by the Town Council. One or more public awareness, education and comment meetings would be conducted after the initial PC study session.

Topic 3: CEQA Guidelines/Local Guidance
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Comments The intent of item 1 under this topic is to comply with state requirements in adopting local CEQA guidelines, and the intent of item 2 under this topic is to clarify and standardize analysis and decision making in the environmental review process for future development projects in Town, with the intent to enhance the measures included in the IS/MND as appropriate to reflect our Town’s ethos.

Guidelines and features could be derived from existing examples taken from other jurisdictions and would serve to frame the analyses of future project-level environmental impacts and mitigation measures for projects that are not exempt from CEQA, and be informed by public input.

Any required General Plan amendments that may be identified in the initial process as being required to effect these actions could be implemented in the next update of the General Plan unless legally required to be adopted earlier.

Topic 3: CEQA Guidelines/Local Guidance (cont’d)
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Action Coordinate and ensure that the Town’s ongoing safety-related activities also consider the cumulative projected increase, in Town population and housing units arising out of HE adoption, and adopt mechanisms to coordinate with neighboring jurisdictions with respect to safety measures such as the evacuation plan.

Placement Safety Element/HE (see policy 6)/MMRP
Process Staff and consultants would reach out to committees involved in the Safety Element process to confirm that such committees assessed and made recommendations to the Planning Commission and Town Council with respect to adjustments to evacuation routes and planning, building codes, and other safety measures (to address fire, geologic, flooding and other risks), specifically arising from the cumulative increase in population and housing units in the HE, adopted fire maps, other elements of the GP, and best practices.

Topic 4: Supplemental Safety Measures for HE
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Process These efforts would be made in conjunction with the ongoing Safety Element update, which will be completed to the extent feasible within 6-9 months after the HE adoption.

The Post HE Plan will outline details of conducting assessments of safety measures periodically in light of actual and projected housing growth to enable methodical and proactive approach.

Comments The goal of this effort is to optimize consistency, beyond what is required by CEQA, across the Safety Element, HE, and GP with respect to safety in light of the increase in the Town’s population under the new HE, complementing ongoing efforts already in process.

Topic 4: Supplemental Safety Measures for HE (cont’d)
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Action Understand projected growth in demand on services and infrastructure resulting from increased population and housing units in Town under the HE, and potential impact on Town budget, and develop strategy for maintaining or improving current service levels. Understand and gather information on housing insurance challenges in Town, focusing in particular on how additional housing units to be built in the course of implementing our HE will impact existing insurance programs residents use, and the availability and costs of insuring new housing units.

Placement HE/Post HE Plan
Process Within 4-6 months after HE adoption, staff working with one or more Town Council members would conduct supplemental outreach to confirm public services and infrastructure (e.g., public utilities, public services such as hospitals, fire protection services, police services, safety services, parks and recreation) continue to be available appropriate for Town population in terms of an appropriate service level, quality, capacity and location, including an assessment of costs to the Town, and if necessary identify any adjustments that are identified in such process.

Topic 5: Impact of HE on Services and Infrastructure
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Process Within 18 months after HE adoption, form a committee of committees including members of the planning commission to assess more detailed and longer term qualitative and quantitative implications of increasing the Town population and housing units as a result of HE adoption on services and infrastructure, and understand and monitor issues and developments that may impact the availability of insurance for new and existing housing units in Town.

The group or committee’s goal would be to advise the PC and TC on mechanisms recommended to make sure that public services and infrastructure (e.g., public utilities, public services such as hospitals, fire protection services, police services, safety services, parks and recreation) continue to be available appropriate for Town population in terms of an appropriate service level, quality, capacity and location, including an assessment of costs to the Town.

Community outreach sessions would be conducted to allow the public to understand and comment on the committee’s efforts.

Comments Increased demand on services and infrastructure merits special monitoring and planning for increased demand, while maintaining level of services and resources. This effort would complement the efforts staff routinely makes with respect to services and infrastructure to focus on longer term implications of HE adoption.

Topic 5: Impact of HE on Services and Infrastructure (cont’d) 140 of 185
Action Within 6 months after adoption of the HE, define an Inclusionary Funds Use Policy to guide the Town’s use of funds arising from this HE program.

Placement Post HE Plan
Process Town Council subcommittee already appointed will work with Town committees to gather input on priorities and considerations that will inform an Inclusionary Funds Use Policy. Such subcommittee, with staff support, will develop a proposal for consideration by the Town Council for adoption.

Comments This effort will complement the Town’s general efforts to identify incentives and support for expanding housing options as part of the HE. As the Town assesses its financial resources to accommodate the HE, this effort could also extend to use of other funds that may become available for housing-related purposes.

Topic 6: Housing Funds Develop Policy for Use of Inclusionary Funds 141 of 185
Action Engage community organizations in discussion of community housing needs and potential resources.

Placement Post HE Plan
Process Form working group including Town committee and commission members to conduct outreach to civic organizations located or operating in Town (e.g., HOAs, medical support services, religious organizations) who are positioned to understand the needs of the most vulnerable in the local community, and assist in understanding existing impediments to development of new housing, identifying and creating opportunities for housing and developing policies to support housing needs for these populations. This would not entail formal meetings unless the Town Council later found it necessary to conduct them. However, the working group would report its findings to the Town Council.

Comments The intent of this activity is to engage organizations that have special insight into the housing needs of vulnerable populations in Town, and to engage them in defining Town strategies to meet these needs on an ongoing basis.

Topic 7: Encourage Community and Civic Engagement
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Action Create accessible repository of HE-related information, including information about RHNA requirements (general and Town-specific), analyses of available sites, processes and discussions of the Ad Hoc Housing Element Committee, and other items.

Placement Post HE Plan
Process To be determined after Housing Element adoption. This would not entail material staff time unless the Town Council approves such work.

Comments Recognizing the extensive efforts of the Town to consider public comment and gather information on potential housing sites, the Town Council wishes to create an easily accessible repository that would be available for the Sunrise-related activities and other Town housing-related activities and otherwise for public understanding and awareness.

Topic 8: Develop Housing Element Information Repository 143 of 185
Key Approaches for Fire Safety Presented to Planning Commission by Fire Marshal Don Bullard In the order of the presentation – Not priority order
1 # Proposed Policy
(Key Approaches)
Responsible
Party
Implementation Strategy Status Notes
1 Keep and expand progressive
prevention policies in the 2010
Safety Element
Town Incorporate into Safety
Element
In progress; Town
Committees are reviewing
Safety Element
Staff and Fire Marshal have
coordinated. Fire Marshal to
review next draft prior to
public review.
2 Pursue widening roads Town Incorporate into Safety
Element
Evacuation route policies
in progress; Town
Committees are reviewing
Safety Element
For evacuation routes, road
widening strategies should
be specified in Safety
Element.

WFPD/Private
residents in
Woodside
Highlands
Implement Minimum Fire
Safe Regulations
Private street widening
regulations to occur with
adoption of Minimum Fire
Safe Regulations
For narrow private streets in
Very High Fire Hazard
Zones, Minimum Fire Safe
Regulations require new
development to widen
streets.
3 Establish multiple access and
egress routes
WFPD WFPD has access
keys/agreements with
private land owners
In progress
WFPD will enforce
Minimum Fire Safe
Regulations
With implementation of
Minimum Fire Safe
Regulations
Town Continue to speak to
adjacent landowners to
additional access
Ongoing
Attachment 12
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Key Approaches for Fire Safety Presented to Planning Commission by Fire Marshal Don Bullard In the order of the presentation – Not priority order
4 Meet Cal Fire Minimum Fire
Safe Regulations
WFPD Oversee regulations Cal Fire amendments to
Minimum Fire Safe
Regulations operative on
April 1, 2023. They do not
apply to PV until new fire
map adopted. WFPD has
hired Flame Mappers to
prepare updated map. Cal
Fire is also preparing
updated map.

Town See Draft Safety Element
Policy P-37, P-39, P-48, P50, P-65, and P-70.
5 Conduct site specific
individuated Wildfire Hazard
Assessment Plans
WFPD/Town Include requirement in
development application.

WFPD and Town to work
together to develop process
Preliminary conversations.

Expect to start
implementation work after
fire maps are adopted and
Minimum Fire Safe
Regulations in place.
6 Build to Chapter 7A (and 337
Residential Code) with local
amendments
Town/WFPD See Housing Element
Program 6-1. Adopt local
amendments to Building
Code. Housing Element
Program to review codes
every three years for
opportunities to improve
Completed in 2022.

Ongoing every three
years.

Town leads amendments in
consultation with WFPD
7 Enhance construction methods
and materials to be
noncombustible
Town/WFPD See Housing Element
Program 6-1. Building Code
already requires
noncombustible exterior
materials.

Consider creating authority
to require noncombustible
Completed in 2022.
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Key Approaches for Fire Safety Presented to Planning Commission by Fire Marshal Don Bullard In the order of the presentation – Not priority order
building assemblies if
buildings are constructed
close together.

WFPD will make
recommendations to the
Town to consider
8 Limit exposure to flammable
materials
WFPD WFPD will make
recommendations for Town
to consider
May include building
separation and limits on
flammable materials in the 0-
5’ zone around buildings
9 Increase defensible space
standards around structures
WFPD WFPD Ordinance First reading conducted on
February 28, 2023
10 Adopt new requirements for
fuel breaks in parcels in the
SRA and LRA areas within the
District
WFPD WFPD Ordinance First reading conducted on
February 28, 2023
11 Town adopt a map indicating
the High and Very High
Severity Zones
WFPD/Town See Housing Element
Program 6-4. Adoption by
Town when map(s) are
available
In progress. WFPD has
hired Flame Mappers to
prepare local map, Cal
Fire working on map.
12 Revisit the ADU and SB9 Fire
Safety Checklist and consider
adoption of appropriate
ordinances(s)
Town See Housing Element
Program 6-5. When new
fire maps are available and
new Fire Code adopted,
revisit checklist and Code
and evaluate need for
changes. Also a Housing
Element Policy.

Not started.
13 Educate the public on key fire
safety issues
WFPD/WPC See Housing Element
Program 6-6. Range of
community outreach tools
Ongoing.
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1 Please note that this is preliminary and subject to change Housing Element Programs (program language as of 3-22-23) Approach Direct Expense or Consultant Cost
Staff Time (High,
Medium, Low)
Program 1-1a: Create a new “Gateway” land use classification in the General Plan that allows affordable housing, recreation and open space. Include the Dorothy Ford Field and Open Space site as well as the Ladera Church site in the new “Gateway” land use classification.

Included with HE
budget.

Program 1-1b: Create two new zoning districts that allow for multi-family housing at four du/acre and 20 du/acre to provide for development of housing at lower-income levels.

Included with HE
budget
Program 1-1c: Create Objective Design Standards for the new multi-family zoning districts to regulate building form and architectural details to create greater certainty in the design review process.

Included with HE
budget
Program 1-2a: Create a new zoning district that allows for mixed-use residential development with up to six du/ac and would allow for up to 100% of building floor area to be dedicated to residential uses. Create mixed-use development standards in the new zoning district to allow for greater intensity, including floor area, height limits, minimum lot or unit sizes, and allowable dwelling units per acre.

Included with HE
budget
Program 1-2b: Create Design Standards for the new mixed-use zoning district to regulate building form and architectural details to create greater certainty in the design review process.

Included with HE
budget
Program 1-3: Create a new opt-in housing program that allows property owners with sites one acre or greater to develop up to four dwelling units per acre, with a maximum of four dwelling units per lot, if they meet the safety criteria.

Develop objective standards and issue call for projects.

Staff to work with
Planning
Commission to
develop call for
projects and criteria
High during active
periods
Program 1-4: Currently the Affiliated Housing program is implemented through the Housing Element. With this update, the Municipal Code will be updated to further incentivize use of this program to provide affordable workforce housing Included with HE
budget
Attachment 13
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2 Please note that this is preliminary and subject to change and to establish the parameters and process for the Affiliated Housing program, including development standards and affordability requirements.

Maintain at least quarterly communication with program members to assess their progress and provide technical assistance.

Regular
communication
Low
Program 1-5: Explore co-housing as a means to encourage a broader range of residents to the community. Identify organizations that support co-housing. Meet with them every two years to assess co-housing options or other programs to promote development of housing for lower incomes.

Research to identify
organizations,
outreach every two
years.

Low
Program 2-1: Amend the Municipal Code to establish inclusionary housing requirements for new multi-family housing developments to complement existing inclusionary requirements for projects with subdivisions.

Anticipate
partnering with
other jurisdictions
via 21 Elements
$20,000 for study Medium. Town
staff plus Shared
Housing Staff
Program 2-2: Develop a program to manage new affordable housing units in the town. Consider including the following:
 Maintain affordability restrictions for 99 years or in perpetuity.  Prioritize affordable housing for residents, former residents or those who work, or used to work in the town.
 Use a small percentage of a future housing trust fund to pay for housing staffing.
 Join with other cities in San Mateo County to share qualified housing staff to support the housing program.

Shared Housing
staff through 21
Elements and
HEART. Use portion
of Affordable
Housing Trust Fund
if needed.

Estimate $30,000
per year for
shared staff
Medium
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3 Please note that this is preliminary and subject to change Program 3-1: Initiate a site planning process for the sites in the new “Gateway” land use classification to make the most efficient use of the property and preserve open space. Pursue an affordable housing project on the Dorothy Ford Field and Open Space site in partnership with an affordable housing developer.

Community
planning process
Technical feasibility
studies
$25,000
consultant
$100,000 (order
of magnitude)
High
Program 3-2: Provide technical assistance to nonprofits/religious institutions to develop their sites with affordable housing.
 Establish monthly office hours with Town staff and/or consultants for technical assistance. Include Planning, Building and Town Geologist when the program starts. On a quarterly basis, evaluate the effectiveness of the office hours and adjust format and staffing as necessary.  When meeting with non-profits and religious institutions, encourage participation in the Affiliated Housing Program.

Monthly office
hours. Assume 1.5
hours per month.
$10,000 per year
for consultant
costs
Medium
Program 4-1: Create new parking requirements for affordable housing based on best practices and local conditions.

TBD – may be able
to complete with
other zoning code
amendments
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4 Please note that this is preliminary and subject to change Program 4-2: Provide additional flexibility on development standards for affordable housing through State Density Bonus Law or the Affiliated Housing program.
 Review changes to State Density Bonus Law annually and adopt Municipal Code Amendments as necessary.
 Include the Affiliated Housing Program in the Zoning Code in the form of a combining district (overlay zone). Provide a process for applicants to request flexibility on development standards without requiring a variance.

 If Affiliated Housing sites are not producing the expected number of units, review the process to further facilitate projects, alter development standards, or provide incentives. Incentives may include additional technical assistance or waiver of permit fees. The Town may consider other assistance requested from applicants in the Affiliated Housing Program.

Town Attorney in
collaboration with
Planning staff
Included with HE
budget
Monitor and
consider incentives.

May waive permit
fees, resulting in
cost to Affordable
Housing Trust fund.

Medium
Medium
Program 4-3: Ensure the permitting process for modular and manufactured homes is clear and does not include any disincentives to using these building methods. Evaluate existing zoning code language and building permit process and make any necessary modifications Develop informational materials to assist applicants with zoning and building requirements.

Staff research and
code review.

Propose change as
needed.

Medium when
active
Program 5-1: Review Municipal Code standards and procedure documents and update as necessary so that they are more concise and understandable.  For applications that require review by Woodside Fire Protection District  For applications that require Site Development Permits (Town term for grading permits)
 Create handouts in plain language for property owners and technical language for design professionals
Staff research and
code review.

Propose change as
needed.

Medium when
active
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5 Please note that this is preliminary and subject to change Program 5-2: Review use of consultants, staffing pattern, and fee schedules for ways to improve efficiency.

Evaluate annually as
part of budget
process
Low
Program 6-1: As part of the regular three-year cycle to update the building code, evaluate the code and include latest best practices for fire resiliency in collaboration with Woodside Fire Protection District.

Building Official
draft in
collaboration with
WFPD
$7,000 every
three years
Low
Program 6-2: Evaluate the Town’s landscaping regulations and guidelines and update with science-based best practices with respect to fire safety and water usage in collaboration with the Town’s Wildfire Preparedness Committee, Sustainability Committee and Conservation Committee
Committee led
process
Unknown Medium
Program 6-3: Vegetation management is a priority for wildfire resilience and additional programs will be developed in collaboration with Woodside Fire Protection District. (These programs cannot be included in detail because the best practices are evolving.)
 Continue regular meetings between the Fire Chief, Fire Marshal, Town Manager, and Planning and Building Director
 Ask the Fire Marshal to make an annual report to the Town Council on vegetation management efforts and make recommendations on how to improve effectiveness. Include discussion about supportive programs to assist households.

Coordination with
WFPD
Medium
Program 6-4: Review and adopt, as appropriate, fire hazard maps developed by the Woodside Fire Protection District and/or CalFire once they are available. In light of new fire maps, revaluate housing sites with the Fire Marshal or other qualified professional to determine if any new/replacement sites are needed or if additional fire prevention measures are needed.

Consultant may
be necessary
High
Program 6-5: Once new fire hazard maps are available from Woodside Fire Protection District and/or CalFire and adopted by the Town, evaluate ADU and Staff review in
consultation with
WFPD
High
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6 Please note that this is preliminary and subject to change Senate Bill 9 ordinances to determine if any new fire prevention measures are needed.

Program 6-6: Work with local fire officials to educate homeowners and landlords through community meetings, mailers, and participation in community events on how to reduce fire risk to structures and landscaping as wildfire risk continues to increase due to climate change.

Wildfire
Preparedness
Committee is lead
Low
Program 6-7: The Town has had a number of regulations that encourage energy conservation for years. These include permitting solar installations, utilizing subdivision regulations that protect solar access, and supporting energy efficient design. In addition, most new development is clustered, which reduces impacts on the land. The Town also requires native landscaping, which reduces the need for both water and energy. All of these policies and regulations will continue. Continue existing green and energy conservation measures, revise them when necessary, and implement new programs in accordance with the Sustainability Element and the town’s future Climate Action Plan.

Sustainability
Committee is lead
Low
Program 7-1: Improve public information on the ADU application and permit process so it is clear and comprehensive. Create new informational materials on JADUs, recognizing their benefits related to affordability, use of existing building areas, and environmental benefits. Track ADUs and JADUs separately to help analyze how well each program is working.

May be possible to
collaborate with
ADU Ambassadors
for some of this
work
High
Program 7-2: Create an amnesty program for existing, unpermitted ADUs to obtain permits to legalize the ADUs during the 2023-2031 planning period. The amnesty program would provide property owners the opportunity to formally legalize existing unpermitted ADUs and thereafter draw building permits for improvements to legalized ADUs.

May be possible to
collaborate with
ADU Ambassadors
for some of this
work
High when active
Program 7-3: Provide direct assistance from the Building Division for property owners interested in making minor changes to accommodate a JADU. This program helps to address fair housing contributing factors relating to a lack of affordable housing.

Provide individual
meetings with
Building Official
$3,000 per year Low
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7 Please note that this is preliminary and subject to change Program 7-4: Establish staff and consultant ADU office hours so that applicants can ask questions of subject matter experts.

Use same office
hours as in Program
3-2.

Additional $4,000
beyond number
for Program 3-2
Medium
Program 7-5: Develop and run a survey of ADU owners in Portola Valley to determine how ADUs are being used in the community and how much they are contributing to the housing stock and affordable housing.

Medium
Program 7-6: Develop an affordable ADU rental program that matches lowincome tenants who have experienced displacement from areas outside of Portola Valley due to increasing rents with Portola Valley ADU owners willing to rent ADUs at below market rates.

Assess every two years if the number of very low- and low-income ADUs is meeting the Town’s 6th cycle RHNA goals. If not, provide the following incentives:
 Provide incentives to homeowners to rent to Housing Choice Voucher Program (previously Section 8) and low-income households (like waiving fees or offering another financial incentive).

Use of Affordable
Housing Trust Funds
may be necessary
for incentives.

Medium
Program 7-7: Prepare pre-approved preliminary floor plans for ADUs and JADUs that are made available to property owners. These pre-approved floor plans would only require minimal additional engineering to account for the unique topography of sites and would significantly decrease the level of effort required of property owners in designing and permitting a JADU or ADU.

Assess every two years if ADU and JADU production is meeting the Town’s 6th cycle RHNA goals. If not, offer expedited plan check for ADU and JADU applications and organize a meeting with property owners that have constructed ADUs and interested property owners to understand the challenges and provide additional resources, as feasible to encourage ADU/JADU applications.

May be opportunity
to collaborate with
other cities/towns
in San Mateo
County on ADU
Center
$25,000 per year
if Countywide
Collaboration
Low or Medium,
depending on
County effort
Program 7-8: Update Town’s ADU ordinance regularly to comply with State law.

Town Attorney in
collaboration with
Planning Staff
Medium, expect
almost annual
update
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8 Please note that this is preliminary and subject to change Program 8-1: To comply with State law (SB 520), the Town adopted written Reasonable Accommodation Procedures within Chapter 18.11 of the Town’s Code of Ordinances. The Town will continue to analyze existing land use controls, building codes, and permit and processing procedures to determine constraints they impose on the development, maintenance, and improvement of housing for persons with disabilities. The Town hands out informational brochures and includes information on the Towns website to inform residents of the Reasonable Accommodation Procedures.

Evaluate regulations
every three years
and update as
needed
Low
Program 8-2: Due to clarifications of California law relative to transitional and supportive housing, the Town’s municipal code needs to be amended so that it is fully compliant. In order to comply, the new multi-family and mixed-use zoning districts need to allow supportive housing by-right in zones where multi-family and mixed uses are permitted, pursuant to Government Code Section 65651 (SB 745 and AB 2162).

Completed, no
action needed
Program 8-3: Update the Municipal Code to comply with State law to allow a Low Barrier Navigation Center by-right in zones where mixed uses are permitted, pursuant to Government Code Section 65660 (SB 48 (2019)).

Included with HE
budget
Program 8-4: Incentivize developers through development standards concessions or fee waivers/reductions to increase the number of accessible units beyond the federal requirement of 5% for subsidized developments.

Research and
implement best
practices
Low
Program 8-5: Rezone properties in Town to allow multi-family housing with a range of affordability levels and deed restrictions to ensure affordability over time.

Affirmatively market the housing to households that are under-represented in Town including Black and Hispanic households. Address fair housing contributing factors relating to a lack of affordable housing, and a lack of moderate- and high-density development.

Rezoning underway.

Work with project
applicants on their
marketing. Impose
conditions of
approval on projects
to implement.

Low
Program 8-6: Through collaboration with local service providers, convene a discussion of populations that are experiencing comparatively high rates of cost burden to discuss solutions for relief. Consider a rental assistance program tailored Coordinate with
Race &Equity
Committee.

Shared Housing
Staff
Low
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9 Please note that this is preliminary and subject to change to extremely high cost-burdened residents. This may be in coordination with ADU/JADU programs. Include Black, Indigenous and people of color in these conversations. Address fair housing contributing factors relating to a lack of affordable housing.

Potential to
coordinate with
other cities/towns
Program 8-7: Collaborate with other cities/towns and Project Sentinel, or another similar organization, to perform fair housing training for property owners, real estate agents, and tenants across the region. The training would include information on reasonable accommodation and source of income discrimination, as well as other fair housing information with emphasis on certain topics driven by housing complaint data and information from stakeholders. Participation in fair housing training will be required for approval of landlords’ business licenses. Focus enforcement efforts on race-based discrimination and reasonable accommodations, with the goal of improving knowledge about how to recognize and challenge discrimination in order to increase loans to people of color and persons with disabilities. Address fair housing contributing factors related to existing patterns of higher loan denial rates for people of color, and a lack of knowledge of fair housing laws and rights in tenants and owners.

Coordinate with
Race &Equity
Committee.

Potential to
coordinate with
other cities/towns
Shared Housing
Staff
Low
Program 8-8: Create a webpage specific to fair housing including resources for residents who feel they have experienced discrimination, information about filing fair housing complaints with HCD or HUD, and information about protected classes under the Fair Housing Act. Address fair housing contributing factors related to a lack of knowledge of fair housing laws and rights in tenants and owners.

One time effort Low
Program 8-9: Conduct a comprehensive analysis of the Municipal Code to ensure there are no regulatory constraints (actual or perceived) to reasonable accommodation and providing housing for persons with disabilities. Address fair housing contributing factors related to a lack of knowledge of fair housing laws and rights in tenants and owners.

Research, code
review, and
amendments as
needed.

Medium
Program 8-10: Update the Municipal Code to comply with State law and the HCD Group Home Technical Advisory (December 2022) to allow Group Homes of 1-6 persons by-right in single-family residential zones, and Group Homes of 7 or more persons with a use permit with objective findings.

Included with HE
scope and budget
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10 Please note that this is preliminary and subject to change Program 9-1: Work with owners of 4394 Alpine or supportive housing nonprofits to support the development of housing that serves developmentally disabled persons.
 The owner of the 4394 Alpine Housing Inventory Site has requested greater certainty for applicants of private affordable housing projects seeking to secure grants under the Affordable Housing Fund. This could include, but not be limited to, specific qualifying criteria, applications and application checklists, and benchmarks for allocation of funds based on unit size and/or affordability level. The owner requests that criteria is in place within 180 days of Housing Element adoption. The Town will seek to meet this timeline to the extent feasible.
 Create a policy for fee waivers that expressly supports Supportive Housing Projects.
 Explore assistance in facilitating infrastructure permitting, including coordination with external agencies (including PGE, WestBay Sanitation, and CalWater) for supportive housing projects.
 Consider rezoning 4388 Alpine as multifamily so long as the Willow Commons entitlements are considered vested and/or exempted from any conflicting provisions.

Council
Subcommittee
formed
TBD
Low
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Table of Meetings and Documents Related to the Housing Element Update Body Date Document Title & Topics Link(s) Approximate
Discussion Length
Town Council 2/10/21 Discussion of Regional Housing Needs Allocation (RHNA); staff report on p. 70
of packet
Meeting Recording,
Summary, Agenda and
Minutes
0:24:00
0:26:00 – 0:50:00
Town Council 4/28/21 Town Council direction on proposed Housing Element update work program
including formation of Ad Hoc Housing
Element Committee, community
engagement strategy and appointment
of Council subcommittee; staff report on
p. 96 of packet
Meeting Recording,
Summary, Agenda and
Minutes
1:35:00
1:24:00 – 2:59:00
Planning
Commission
5/5/21 3. Housing Element Update – Update
from Town Council Meeting. p. 23 of
packet
Meeting Recording,
Summary, Agenda and
Minutes
1:00:00
00:49:00 – 1:49:00
Ad Hoc Housing
Element
Committee
8/16/21 What is a Housing Element and Why is it
Important? Why this Committee’s work
matters, Local and Historical Context.

Legal Background. Town Strategic Plan.

Meeting Recording,
Summary, Agenda and
Minutes
3:08:00
Ad Hoc Housing
Element
Committee
9/20/21 Values, Decorum and Public Comment Values Decorum and Public Comment
Presentation from
September 20 2021
2:51:00
Attachment 14
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Organization and Evaluation of Existing
Housing Element
Portola Valley Demographic and Housing
Trends
Housing Affordability Income Categories
– Deeper Dive
Existing Housing
Element Organization
Presentation
September 20 2021
Portola Valley
Demographic and
Housing Trends (Draft
Data) Presentation from
September 20 2021
Housing Affordability
Income Categories
Presentation from
September 20 2021
Meeting Agenda
Meeting Minutes
Meeting Recording
Community-Wide
Meeting
10/14/21 Presentation: Background and context
for the Housing Element update
Breakout room discussion: Feedback on
Portola Valley’s key housing needs and
potential solutions through the housing
Recording
Meeting Summary
Presentation
52:00
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sites inventory and new policies and
programs.

Ad Hoc Housing
Element
Committee
10/18/21 1. Values, Decorum and Public Comment
– Published

2. Introduction to Housing Sites
Inventory

3. Housing Sites Inventory Selection –
Possible Scenarios

4. Regional Housing Needs Allocation
(RHNA) Zoning Target Concept
Housing Sites Scenarios
presentation from
October 18, 2021
Housing Sites Scenarios
detail from October 18,
2021
Meeting Recording
Meeting Agenda
Meeting Minutes
3:24:00
Joint Town Council
and Planning
Commission
10/27/21 Discussion of progress on community
engagement strategy and feedback to
guide the work of the Ad Hoc Housing
Element Committee; staff report. p. 75 of
packet.

Meeting Recording,
Summary, Agenda and
Minutes
1:51:00
1:09:00 – 3:00:00
Ad Hoc Housing
Element
Committee
11/15/21 1. Accessory Dwelling Unit (ADU)
Discussion
• Background, Terminology, History,
Income Category Assignment
• Recent Town Code amendments
• Income Categories and Projections for
Cycle 6

2. Feedback from Community Meeting
and Town Council/Planning Commission
Study Session
ADU Presentation from
November 15 2021
Feedback from
Community and TC-PC
Meetings Presentation
from November 15
2021
Meeting Summary for
November 15, 2021
3:20:00
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3. Committee Outreach to Community

4. Staff Updates/Announcements
• Topics look ahead
• Department of Housing and
Community Development (HCD) Staff
Visit
• SB9 Update
• Department of Justice Housing Strike
Force
• Administrative updates
Meeting Recording
Meeting Agenda
Meeting Minutes
Ad Hoc Committee
of Town
Committees
1/11/22 Housing Element update discussion; staff
memo in meeting packet.

Meeting packet
Staff Presentation
Recording
1:35:00
Ad Hoc Housing
Element
Committee
1/18/22 1. Wildfire Resiliency and Recovery –
Susan Hartman, Community
Development Director, Town of Paradise

2. Review Housing Element Update
Timeline and Forthcoming Topics
a. Interaction between Safety Element
and Housing Element Updates

3. Fire Safety and the Housing Element
a. Fire Risk Mapping Exercise – Zeke
Lunder, Pyrogeographer, Deer Creek
Resources
Wildfire Resilience and
Recovery – Susan
Hartman (Town of
Paradise) Presentation
from January 18 2022
Housing Element and
Safety Element Timeline
Presentation from
January 18, 2022
4:30:00
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b. Fire District Process and Key
Considerations - Don Bullard, Fire
Marshal, Woodside Fire Protection
District
Fire District Process and
Key Considerations –
Don Bullard (WFPD)
Presentation from
January 18, 2022
Meeting Summary for
January 18
Meeting Agenda
Meeting Recording
Meeting Minutes
Ad Hoc Housing
Element
Committee
1/31/22 1. Summary of Ad Hoc Committee of
Town Committees Meeting #1 – Judith
Murphy, Chair

2. Affiliated Housing Program
a. Current program, partners and next
steps

3. Update on SB 9
a. Update on December Town Council
meeting and contents of SB 9 urgency
ordinance
Affiliated Housing
Discussion from January
31 2022
SB9 Ordinance from
January 31 2022
Meeting Summary for
January 31
Meeting Agenda
Meeting Recording
Meeting Minutes
3:51:00
Ad Hoc Housing
Element
Committee
2/22/22 1. Woodside Fire Protection District
Update

2. Housing Sites Inventory Part II of III
a. Process for Committee
Woodside Fire
Protection District
Presentation
3:52:00
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recommendations
b. Review Part I discussion and key
takeaways from 10/18/2021 meeting
c. Presentation of updated constraints
maps
d. Review overall Regional Housing
Needs Allocation according to income
category
e. Preliminary discussion on specific sites
to include in the Sites Inventory
Housing Sites Inventory
Part II Discussion
Meeting Summary for
February 22
Meeting Agenda
Meeting Recording
Meeting Minutes
Ad Hoc Housing
Element
Committee
2/28/22 1. Housing Sites Inventory Part III
a. Review community housing survey
results
b. Visual presentation of representative
varying multi family projects
c. Continue discussion from 2/22
Committee meeting to select sites to be
included in the Housing
Sites Inventory

2. Staff to provide updates to Committee
a. Review forthcoming Committee
meeting topics and schedule
Housing Sites Inventory
Part III Discussion from
February 28 2022
Potential Housing Sites
Potential Housing Sites -
Land Use Constraints
Maps
Parcels 2 Acres or more
Housing Element Survey
Summary and Detailed
Results
Visualizing Density from
February 28 2022
6:24:00
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Housing Element
Update - General Intro
from February 28 2022
Meeting Summary for
February 28
Meeting Agenda
Meeting Recording Part
1 Meeting Recording Par
2 Meeting Minutes
Ad Hoc Housing
Element
Committee
3/21/22 1. Housing Element Policies and
Programs (2 Hours 15 Minutes)
a. Review and discuss existing policies
and programs from current RHNA Cycle 5
and new proposed
policies and programs for RHNA Cycle 6
Policies and Programs
Discussion from March
21 2022
Meeting Summary for
March 21
Additional Public
Comment (see meeting
agenda for initial
comments)
Meeting Agenda
Meeting Recording
Meeting Minutes
4:05:00
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Town Council 3/23/22 Housing Element update discussion – work program, timeline, resources and
budget; staff report on p. 126 of packet
Meeting Recording,
Summary, Agenda and
Minutes
3:14:00
1:46:00 – 5:00:00
Ad Hoc Housing
Element
Committee
4/18/22 Affirmatively Furthering Fair Housing
(AFFH) Policies and Programs; housing
sites inventory update and discussion;
staff reports in meeting packet
Housing Sites Inventory,
Part VI - Presentation
El Mirador and Neely
Properties Constraints
Map
Ford Field Constraints
Map
Policies and Programs -
AFFH Presentation
Staff Memo -
Affirmatively Fair
Housing
Staff Memo - Housing
Sites Inventory
Town-Owned Parcels
Hazards Composite
Map
Meeting Packet
Meeting Summary
Meeting Recording
Meeting Minutes
5:42:00
164 of 185
Ad Hoc Housing
Element
Committee
5/2/22 1. Housing Sites Inventory Update and
Discussion
a. New work product generated by staff
and consultants since April 18th meeting
in response
to Committee feedback
i. Maps and Analysis
ii. Update on ADU Focus Group and “Opt
In” to Upzoning Meeting
b. Committee Discussion and
Recommendation On Sites Inventory
Presentation slides
Meeting Summary
Meeting Agenda
Meeting Recording
Meeting Minutes
5:06:00
Community-Wide
Meeting
5/9/22 Presentation: Previous community
outreach and housing sites inventory
Breakout Room Discussion: feedback on
the site selection, design features of the
Opt-In Program, zoning standards for
new multifamily development along
Alpine Road, and improvements for the
ADU/JADU process
Main Room
Presentation
Breakout Room
Presentation
Meeting Summary
Meeting flyer
Recording
1:16:00
Ad Hoc Committee
of Town
Committees
5/16/22 Housing development application
checklist and forthcoming objective
design standards; staff memo in meeting
packet
Presentation
Meeting packet
Recording
Minutes
Summary
2:40:00
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Ad Hoc Housing
Element
Committee
5/24/22 1. Overview of May 16th Committee of
Committees Meeting by Chair Judith
Murphy

2. Partial Draft Housing Element
a. Update on ADU/JADU and Opt-in
Programs
b. Committee Discussion and
Recommendations

STAFF UPDATE

1. Staff updates to Committee
Review Partial Housing
Element Update -
Presentation
Staff Memo (with
Attachments)
Meeting Summary
Meeting Agenda
Meeting Recording
Meeting Minutes
4:52:00
Planning
Commission
6/15/22 Public Review Draft Housing Element Meeting Recording, Summary, and Agenda
3:52:00
Ad Hoc Housing
Element
Committee
6/20/22 1. Public Review Draft Housing Element
a. Update on Planning Commission
review
b. Discussion and feedback
Staff Presentation
Staff Memo
Meeting Summary
Meeting Agenda
Meeting Recording
Meeting Minutes
5:14:00
Planning
Commission
6/29/22 Draft Housing Element Discussion Meeting Recording, Summary, and Agenda
5:18:00
Town Council 7/13/22 7a. Review the Draft Housing Element. p. 31 of packet
Meeting Recording,
Summary, Agenda,
Minutes and Public
Comments
4:46:00
0:34:00 – 5:20:00
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Ad Hoc Housing
Element
Committee
8/15/22 1. Draft Housing Element Update
a. Town Council Review - Outcomes
b. HCD Submittal Timeline and
Expectations
c. Next Steps After HCD Submittal and
Role of the Committee
Staff Memo
Staff Presentation
Draft Minutes
Ad Hoc Housing
Element Committee
Agenda 08-15-22
Meeting Recording
2:00:00
Planning
Commission
10/19/22 3. Proposed Zoning Code Amendments
to Implement the Housing Element. p. 95
of packet
Meeting Recording,
Summary, and Agenda
3:09:00
1:14:00 – 4:23:00
Planning
Commission
11/2/22 2.. Zoning Code Amendment to
Implement the Housing Element – Part 2
p. 14 of packet
Meeting Recording,
Summary, and Agenda
3:18:00
1:22:00 – 4:40:00
Ad Hoc Housing
Element
Committee
11/10/22 1. Draft Housing Element
a. Feedback from Housing & Community
Development (HCD)- Discussion and
Input on Comments
b. Next Steps and Role of the Committee

1. Staff updates to Committee
a. Environmental Review (IS/MND) Draft
Document
Staff Presentation
Staff Memo
Ad Hoc Housing
Element Special
Committee Agenda 11-
04-22
Meeting Recording
Meeting Minutes
2:34:00
Planning
Commission
11/16/22 Receive Comments on the Draft Initial
Study/Mitigated Negative Declaration
Meeting Recording,
Summary, Public
3:08:00
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(IS/NMD) fort the proposed Portola
Valley Housing and Safety Elements
Update and Conforming General Plan
and Zoning Code Amendments
Comments, Agenda and
Minutes
Planning
Commission
11/30/22 1. Housing Element Update and
Implementing Actions–General Plan
Conformance, Voluntary Upzoning
Program, Housing Element Programs,
Density Bonus Law

2. Implementation of the Housing
Element–Draft Zoning Code
Amendments Part 3
Meeting Recording,
Summary, Agenda and
Public Comments
4:02:00
Planning
Commission
12/7/22 Housing Element Update and
Implementing Actions – General Plan
Conformance, Zoning Code Amendments
Part 4 and Informational item on Fire
Mapping
Meeting Recording,
Summary, Agenda and
Public Comments
4:10:00
Town Council 12/14/22 6a. Housing Element Update and
Discussion. p. 40 of packet
Meeting Recording,
Summary, and Agenda
2:06:00
2:39:00 – 4:45:00
Planning
Commission
1/24/23 Housing Element Update and Associated
Actions: Portola Valley Housing and Safety
Elements Update and Conforming General
Plan and Zoning Code Amendments Initial
Study/Mitigated Negative Declaration;
Housing Element Update (2023-2031);
Conforming General Plan Amendments;
Implementing Zoning Amendments. This
Meeting Recording,
Minutes and Agenda
3:39:00
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meeting will focus on the Initial
Study/Mitigated Negative Declaration and
Response to Comments.

Town Council 1/25/23 B. Receive Report and Provide Direction on the Housing Element Update and Schedule
of Associated Zoning Code Amendments and
Other Related Documents
Meeting Recording,
Agenda and Summary
1:50:00
2:39:00 – 4:29:00
Town Council 2/8/23 6a. Discuss Colleagues Memo from
Councilmembers Hasko and Taylor
Entitled “Proposed Process for
Implementation of Sunrise Provision of
Housing Element”
Meeting Recording,
Agenda and Summary
1:36:00
58:00 – 2:34:00
Planning
Commission
2/15/23 Adoption of a Resolution Providing a
Recommendation that the Town Council
Adopt the Initial Study/Mitigated
Negative Declaration (IS/MND) and
Mitigation Monitoring and Reporting
Program (MMRP) for the proposed
Portola Valley Housing and Safety
Elements Update and Conforming
General Plan and Zoning Amendments;
Discussion of Colleagues Memo from
Commissioners Targ and Brothers; and
Review of Additional Information
Requested by Planning Commission
Meeting Recording
Agenda and Fire Safety
Approaches Slides
4:41:15
169 of 185
Planning
Commission
3/6/23 Adoption of a Resolution Providing a
Recommendation that the Town Council
Adopt the proposed Portola Valley
Housing Element and Conforming
General Plan Amendments
Meeting Recording and
Agenda
4:36:00
Town Council 3/15/23 Study Session on Housing Element Draft #3, Conforming General Plan
Amendments, Associated Initial
Study/Mitigated Negative Declaration,
and Recommendations from the
Planning Commission
Meeting Recording and
Agenda
3:06:00
All Housing
Element Related
Meetings
~133 hours
Updated 3-16-23
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___________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Cara Silver, Town Attorney

DATE: March 24, 2023
RE: Approval of Interim Town Manager Employment Agreement and Budget Amendment

RECOMMENDATION
The Council subcommittee consisting of Mayor Aalfs and Council Member Hasko and the Town Attorney recommend that the Town Council approve an employment agreement for Interim Town Manager with Howard Young (Attachment 1) and approve a budget amendment to hire additional consultants during this transition.

BACKGROUND
The Town Council has indicated its desire to retain the services of an Interim Town Manager while it undertakes the process to recruit and retain a permanent Town Manager. Public Works Director Howard Young has indicated his willingness to serve as the Interim Town Manager until a permanent Town Manager can be recruited. Howard Young has been employed by the Town for approximately 20 years and is familiar with its internal operations.

DISCUSSION
A contract has been prepared which is acceptable to Young and is submitted to the Council for its consideration. The financial terms and conditions of the proposed employment agreement are set forth in the agreement. During the term of the agreement, Young will serve jointly as Interim Town Manager and Public Works Director. However, his duties for both positions will be modified to accommodate both roles. The contract contemplates that 60% of his time will be spent on Interim Town Manager duties and 40% on Public Works duties. The Council also contemplates hiring a retired city manager to

TOWN OF PORTOLA VALLEY

STAFF REPORT

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assist the town with some of the administrative functions that Young is not able to perform.

Additionally, Young is authorized under the agreement to retain additional consultant support to backfill some of the administrative functions of his Public Works duties in the amount of $50,000 and to hire a consultant to backfill other interim town manager duties in the amount of $75,000. The contract will last for 6 months but can be modified to account for the needs of the Council. Young will be paid a 10% premium above his current salary (which equates to $10,951.38 over a six month period) to account for his expanded duties. At the end of the term of the agreement, Young is entitled to return to his role as Public Works Director.

BUDGET AMENDMENT
The budget will be amended to transfer salary savings in the amount $50,000 to the Public Works consultant budget and $75,000 to Town Manager consultant budget.

ENVIRONMENTAL REVIEW
The adoption of guidelines is not considered a project under the California Environmental Quality Act (CEQA).

ATTACHMENTS

1. Interim Town Manager Employment Agreement
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1 EMPLOYMENT AGREEMENT

INTERIM TOWN MANAGER
THIS AGREEMENT (“Agreement”) is entered into and is effective as of March 18, 2023 (“Effective Date”), by and between the TOWN OF PORTOLA VALLEY, a municipal corporation (hereinafter referred to as "Town"), and HOWARD YOUNG (hereinafter referred to as “Young” or “Employee”), with reference to the following facts:

R E C I T A L S
WHEREAS, prior to the Effective Date, Young was employed by the Town as the Town’s Public Works Director;
WHEREAS, the Town Council is desirous of employing Young to act as and perform the modified duties of the Interim Town Manager concurrently with the modified duties of Public Works Director; and
WHEREAS, Young in good faith is agreeable to performing the modified duties of Interim Town Manager and Public Works Director under the terms and conditions of this Agreement.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

AGREEMENT

1. EMPLOYMENT AND SCOPE OF DUTIES. Town hereby appoints current employee Howard Young to the temporary position of Interim Town Manager, and Young accepts such appointment on the terms and conditions set forth in this Agreement.

Young shall perform the following duties and services during the term of this Agreement:
a. Under the direction and control of the Town Council, Employee shall provide modified services and duties of Interim Town Manager set forth in Exhibit A and such other duties as may be assigned by the Town Council from time to time. Employee shall perform his obligations and responsibilities diligently within the time parameters indicated by the Town Council, applying the highest degree of professionalism, ethics, integrity, and competency to the discharge of every aspect of his obligations.
b. In addition to the duties of Interim Town Manager, Employee shall also continue to concurrently perform the services and duties of Public Works Director, except the parties acknowledge that such services and duties will be reduced to accommodate Young’s additional role as Interim Town 173 of 185
2 Manager. The parties agree that approximately 40% of Young’s time will be allocated to Public Works functions and 60% of the time shall be allocated to Town Manager functions. If the sub-committee and Young desire, this allocation can be modified from time to time. During this Agreement, Young will report to the Town Council, rather than the Town Manager, in his role as Public Works Director. However, the parties anticipate that the Town Council will not be involved in the day-to-day management or contracting of Young’s Public Works functions.
c. Employee shall not make any staff changes in his capacity as Interim Town Manager without consulting with and receiving approval from a subcommittee of the Town Council. This provision shall not prevent Young from promoting or hiring employees within the Public Works department. d. Employee shall not engage in any activity which is or may become a conflict of interest, prohibited contract, or which may create an incompatibility of office as defined under California law. Employee shall comply fully with his reporting and disclosure obligations under regulations promulgated by the Fair Political Practices Commission (“FPPC”).
e. Employee agrees to remain in the exclusive employ of the Town during the term of this Agreement. Employee shall dedicate his full energies and qualifications to his employment as the Interim Town Manager and shall not engage in any other employment except as may be specifically approved in writing in advance by the Town Council.
f. Upon the end of this Agreement Young shall have the right and the parties anticipate that he will resume his full responsibilities as Public Works Director unless he is terminated for cause under Section 6(c) It is acknowledged that once this Agreement is over, Young currently intends to return to his full time duties as Public Works Director. Nothing in this Agreement, however, shall foreclose Young from applying for the permanent Town Manager position nor shall the Town Council be precluded from conducting an external search for such position.

2. TERM. The term of this Agreement shall begin on the Effective Date and shall terminate on (1) September 18, 2023 (“Expiration Date”) or (2) upon the start date of a new Town Manager, whichever is earlier; provided, however, that this Agreement may be terminated before the Expiration Date or extended in writing under terms and conditions mutually satisfactory to the parties. In such cases the new date shall be the Expiration Date.

3. COMPENSATION. For the services to be provided pursuant to this Agreement, Employee shall receive the following compensation and benefits under this Agreement:
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3 Compensation
a. Compensation. As consideration for his out-of-classification work during the term of this Agreement, Employee shall be paid an additional 10% percentage increase over his current base salary as Public Works Director, which as of March 21, 2023 is $219,027.60 per year. Further, during the course of this Agreement, Employee’s base salary shall be increased by the same percentage and at the same time any discretionary across-the-board increase is granted to the Town’s exempt management employees covered by the Town’s Compensation Plan (Annual CPI and Merit raise). Employee’s salary shall be payable in installments at the same time as other management employees of the Town and in accordance with established Town procedures.

Benefits
a. Deferred Compensation. In accordance with Section 4.1.3 of the Town’s Compensation Plan, the Town shall continue to make a contribution to the deferred compensation account of the Employee equal to five percent (5.0%) of his base salary each pay period provided that the Town’s contribution when combined with the employee’s contribution does not exceed the maximum annual contribution.
b. General Benefits. Except as may be otherwise provided herein, Employee shall be provided the compensation and benefits offered to all other department heads as provided for in the Town’s Compensation Plan. As used herein, benefits include but are not necessarily limited to, vacation, sick leave, holidays, administrative leave retirement, work from home program, 9/80 work schedule, health insurance, dental insurance, car allowance, longterm disability insurance, and life insurance. Employee shall not be compensated for any hours worked overtime because Employee is exempt from overtime under the Federal Fair Labor Standards Act. c. Expense Reimbursement. The Town agrees to budget and pay for or reimburse the Employee for general expenses, dues, subscriptions, travel, and subsistence expenses are reasonably incurred by the Employee in the performance of job-related activities, functions, meetings, professional development, and professional conferences; provided, however, that the amount paid under this subsection (d)(i) shall be limited by the amount the Council budgets for such expenditures.
d. Cash Out of Accrued Leave. Employee shall retain the rights he enjoyed as the Public Works Director under the Compensation Plan in terms of the timing of his right to “cash out” accrued but unused leaves. During the term of this Agreement any cashout shall be at the Employee’s current salary rate under this Agreement.
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4 4. HIRING CONSULTANTS. During the Term of this Agreement, It is expected that Employee will need to hire additional consultants or temporary employees (collectively “Consultants”) to assist Employee and other Department Heads in performing their duties. Prior to hiring such Consultants, Employee shall consult with and receive approval from a sub-committee of the Town Council to hire such Consultants. Unless authorized by the entire Town Council, the total budget for such Consultants shall not exceed $75,000 during the Term of this Agreement, unless approved by the Town Council. In addition, Employee shall have the right to hire Public Works Department consultants to backfill the administrative duties of Public Works Director without consulting with the sub-committee provided the total contract amount does not exceed $50,000.

5. PERSONNEL MANUAL. The Town’s personnel ordinances, resolutions, rules and policies shall apply to the Employee. Employee acknowledges receipt and review of a copy of the Town’s Personnel Policies Manual.

6. RESIGNATION AND TERMINATION.
a. Resignation by Employee. Employee may, upon giving the Town 30 days’ advance written notice, resign his position as Interim Town Manager and return/resume to his full duties as Public Works Director. Any benefits or rights that Employee enjoyed as the Interim Town Manager under this Agreement shall terminate upon the effective date of his resignation. b. Termination without Cause. The Town Council has the right, upon thirty (30) days advance written notice to Employee, to terminate Employee at any time during the term of this Agreement without cause. The parties agree that Employee serves at the will of the Town Council. In the event Employee is terminated under this provision, he shall be entitled to resume his full duties as Public Works Director in accordance with Section 6.e below. c. Termination with Cause. The Town has the right to immediately terminate this Agreement with Cause (as defined below). If Town terminates this Agreement with Cause, as determined by the affirmative votes of a majority of the members of the Town Council at a regular meeting of the Town Council, Employee shall not be entitled to any additional compensation or payment, except for accrued vacation pay, and any other accrued and unused benefit allowances according to their terms as provided in the Compensation Plan. As used in this Agreement, “Cause” shall only mean any of the following:
i. Conviction of, or plea of guilty or no contest to, any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the Town or on the Interim Town Manager’s reputation;
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5 ii. Conviction of any crime involving an “abuse of office or position,” as that term is defined in Government Code Section 53243.4; iii. Any negligent action or inaction by Employee that materially and adversely is detrimental to employees or public safety.

Notwithstanding anything in this Agreement to the contrary, if Employee is terminated as the Interim Town Manager for cause as set forth above, then he shall not be entitled to resume the full duties of Public Works Director and his employment with the Town shall also terminate.
d. Expiration of Employment. Unless sooner terminated hereunder, Employee’s employment as the Interim Town Manager shall terminate on the Expiration Date. However, the parties may extend the term of this Agreement as set forth in Paragraph 2.
e. Resumption of Public Works Director Duties. Unless this Agreement is terminated for Cause under Section 6(c), upon the resignation of Employee under Section 6(a), termination without cause under Section 6(b) or the Expiration Date as set forth in Section 2, Employee shall resume and have the right to return to the position of full time Public Works Director.

Employee’s salary and benefits shall be adjusted to match that which would have been in effect at the time of return had he not entered into this Agreement and had, during the term of this Agreement, retained and performed all of the duties of his position as Public Works Director. In addition, Employee’s salary and benefits shall be adjusted to take into account any salary increase or benefit addition Employee would have received as Public Works Director had this Agreement not been in effect.

7. COUNCIL CHECK-INS. The Town Council shall meet with the Interim Town Manager at least once every two months during the term of this Agreement to provide feedback and guidance on Interim Town Manager tasks. As part of the check-in, the Town Council, in consultation with Employee, shall define such goals and objectives that they determine to be necessary for the proper operation of the Town and shall further establish a relative priority among the various goals and objectives.

8. GENERAL PROVISIONS.
a. Notices. Any notice or communication permitted or required by this Agreement shall be in writing and shall become effective on personal delivery or three (3) days after the mailing thereof by certified mail, return 177 of 185
6 receipt requested; postage prepaid, to either party at Town Hall, 765 Portola Road, Portola Valley, California 94028.
b. Indemnification. Consistent with the California Government Code, Town shall defend, hold harmless, and indemnify Manager using legal counsel of Town’s choosing, against expense or legal liability for acts or omissions by Manager occurring within the course and scope of Manager’s employment under this Agreement. This provision shall survive the termination of this Agreement.
c. Waiver. The waiver of any breach of any provision of this Agreement by either party to this Agreement shall not be deemed to be a waiver of any other provision or subsequent breach hereunder, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
d. Construction of Terms. The language of all parts of this Agreement shall be construed according to their plain meaning and shall not be construed for or against either party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment or exhibits hereto. e. Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be unenforceable, void or invalid, in whole or in part, for any reason, the remainder of this Agreement shall remain in full force and effect. In the event of such entire or partial invalidity, the parties hereto agree to enter into supplemental or other agreements to effectuate the intent of the parties and the purpose of this Agreement.
f. Controlling Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California, with venue proper only in the County of San Mateo, State of California.
g. Entire Agreement. This Agreement constitutes the entire Agreement between the parties pertaining to the matters set forth in this Agreement and supersedes all prior and contemporaneous agreements, representations, promises, and understanding of the parties, whether oral or in writing. No supplement, modification, or amendment of this Agreement shall be binding, unless executed in writing by all parties, and this Agreement may not be altered, amended, or modified by any other means. Each party waives their future right to claim, contend, or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver, or estoppel.
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7 h. Other Terms and Conditions of Employment. The Council, in consultation with the Employee, may fix any such other terms and conditions of employment relating to the performance of the Employee, provided the terms or conditions do not conflict with the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above.

TOWN OF PORTOLA VALLEY
By:_________________________
Jeff Aalfs, Mayor
____________________________
Howard Young
Approved as to form:
____________________________
Cara Silver, Town Attorney
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8 EXHIBIT A

TOWN OF PORTOLA VALLEY

INTERIM TOWN MANAGER
It is understood that this is a list of full duties of the Town Manager which will be modified by the subcommittee and Interim Town Manager to reflect reduced and modified duties for the interim position for flexibility as needed during the interim term. The parties acknowledge that the duties and obligations below will be reduced to accommodate the Interim Town Manager’s additional ongoing work as Public Works Director. The subcommittee and Interim Town Manager will work together to prioritize work and duties and recommend to the full Council additional administrative support assistance where needed.

DUTIES AND OBLIGATIONS
The Town Manager shall be the administrative head of the Town government under the direction and control of the Town Council. The Town Manager shall be responsible for the efficient administration of all affairs of the Town and shall assume full management responsibility for all Town operations. The Town Manager shall work with the Town Council to direct the development and implementation of the Town's goals, objectives, policies and priorities. In consultation with the Town Council, the Town Manager shall develop strategic planning processes to guide the future of the Town. The Town Manager shall perform functions directed and assigned by the Town Council.

A. Performance of Duties. To perform such duties and obligations and exercise such powers as may be delegated to him/her from time to time by ordinance, resolution, or other action of the Town Council. To perform the functions identified in the Portola Valley Municipal Code, including but not limited to the functions of Town Treasurer and Director of Emergency Services.

B. Attendance at Meetings. To attend all meetings of the Town Council, unless excused therefrom, except when his/her removal is under consideration. To attend, when appropriate, the meetings of Town commissions and committees. To attend and represent the Town at meetings of outside agencies and organizations.

C. Administration. To provide highly responsible and complex administrative support to the Town Council, including, but not limited to staffing assistance, preparing and presenting staff reports and other necessary documents. To provide staff support to Town commissions and committees. To coordinate Town activities 180 of 185
9 with those of other cities, counties and outside agencies and organizations.

D. Authority. To control, order and give direction to all department heads, subordinate officers, and employees of the Town, including those appointed by contract or agreement, except elected officers and the Town Attorney. To appoint, remove, promote, and demote employees of the Town, except the Town Attorney. This function shall be performed under the sub-committee’s direction. To recommend to the Town Council such organization of offices, positions and departments as may be indicated in the interests of the efficient, effective, and economical conduct of the business of the Town. To assess and monitor workload, administrative support systems and internal reporting relationships and identify opportunities for improvement. To select, motivate and evaluate personnel and consultants. To resolve personnel concerns and issues unrelated to the Town Manager in accordance with Town policy and to cooperate in the resolution of any concerns and issues related to the Town Manager.

E. Service Delivery. To monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures and to allocate staffing resources accordingly. To plan direct and coordinate, through staff and consultants, the work plan for the Town. To meet with appropriate staff and consultants to identify and resolve problems. To assess the need for, select and evaluate contract services. To work with, promote and encourage the use of volunteers.

F. Law Enforcement. To enforce any of the provisions of the Portola Valley Municipal Code or any other ordinance of the Town, or any rule, regulation or order promulgated or issued pursuant to the Portola Valley Municipal Code, and to ascertain that all contracts, permits and privileges granted by the Town are faithfully observed.

G. Recommendation of Legislation. To recommend to the Town Council for adoption such measures and ordinances as he/she deems necessary or expedient. To monitor State and Federal legislation and recommend appropriate action to the Town Council as needed. To attend and participate in professional group meetings and stay abreast of new trends and innovations in the field of public administration and management.

H. Finances. To keep the Town Council at all times fully advised as to the financial conditions and needs of the Town. To prepare and submit to the Town Council for its approval the proposed annual budget and the proposed compensation plan. To approve expenditures and implement budgetary adjustments as appropriate and necessary.
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10 I. Purchases and Expenditures. To purchase all supplies for all the departments or divisions of the Town. No expenditure shall be submitted to the Town Council, except with the report and approval of the Town Manager.

J. Conduct. To conduct him or herself with due regard to public conventions and morals. To refrain from engaging in any conduct that would reasonably tend to degrade him or herself or bring the Town into public hatred, contempt or ridicule, or tend to offend the community.

K. Communication. To respond to media inquiries, Town Council concerns, issues and community needs. To respond to and resolve difficult and sensitive citizen inquiries and complaints.
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Sarah Wernikoff
DATE: March 22 2023
RE: ASCC Meeting 3.13.23
OVERVIEW:

1. Preliminary Architectural Review of addition/remodel at Alpine Inn. o The building currently includes a 450 SF kitchen addition that was added to the historic structure. The addition is significantly substandard by current standards. The applicant proposes to demolish the 450 SF kitchen and outdoor bar and construct a 968 SF kitchen addition in the same location as the existing lean to and outdoor bar area. The project also includes a new 102 SF walk in cooler and 106 SF outdoor bathroom addition at the rear of the building. Proposed improvements are intended to bring the facility up to code by replacing the kitchen to have code compliant cleaning, dishwashing, and storage areas, upgraded electric and gas services and fire sprinkler installation. The project includes some additional changes to the site including exterior lighting, mechanical equipment pads for upgraded utility and fire sprinkler installation explained further in a later report section. Proposed improvements are intended to improve restaurant efficiency, safety and continue operations; it is not intended to expand the restaurant capacity nor do the proposed conditions require any changes to the governing CUP.
o Commissioner feedback was supportive, including the following comments: “impressed with the proposal,” “very good recommendations,” and “it’s an obvious improvement.” o ASCC commissioners requested applicant review plans with the chair and vice chair of the Parks and Rec Committee as the next step.
o Item also included a very preliminary conversation about a potential future request for access from the rear parking area to Alpine Road to improve circulation and safety.

TOWN OF PORTOLA VALLEY
Liaison Memo

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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Sarah Wernikoff
DATE: Wednesday, April 12, 2023
RE: Parks & Rec Meeting 3.21.23
OVERVIEW:

1. Court Usage/Reservation Policy
a. Proposed policy:
i. Weekend policy (3-month trial): Pickleball prioritized Sat PM and Sun AM, tennis prioritized Sat AM and Sun PM.
ii. Any court may be used by a non-priority group UNTIL someone from the priority group shows up to play or has a reservation.
iii. Non-residents may ONLY make “same” day reservations, and they will have court usage visibility on Skedda.
iv. Sport court is not reservable.
b. Decision: Committee decided to defer vote to collect feedback from tennis community

2. Skateboard Ramp – pros/cons discussed, to be continued

3. Proposal for Simplifying and Clarifying Committee Operations – broad overview by Patty, to be continued

4. Trivia Night Proposal – Sat May 13th, goal of 50-75 participants, 5 rounds of 10 questions each, costs absorbed by P&R budget surplus, no ticket sales

5. Dog Park Proposals – no immediately viable options, to be continued

6. Hawthorns Property Planning – update from Midpen meeting

7. CA State Grant – no updates

8. Donated Horse Sculpture – no updates

9. Parking at Rossotti’s – Chair gave update of meeting with Alpine Inn

TOWN OF PORTOLA VALLEY
Liaison Memo

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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Sarah Wernikoff
DATE: Wednesday, March 22 2023
RE: PVSD Monthly Meeting 3.14.23
OVERVIEW:

1. Discussed implications of Stanford Wedge property assessment and tax issues. Next step is outreach to Stanford team.

2. Gratitude and well wishes to Jeremy from PVSD partners.

TOWN OF PORTOLA VALLEY
Liaison Memo

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