Portola Valley City Council
January 10, 2024

TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, January 10, 2024
7:00 PM
Sarah Wernikoff, Mayor
Judith Hasko, Vice Mayor
Jeff Aalfs, Councilmember
Mary Hufty, Councilmember
Craig Taylor, Councilmember

HYBRID MEETING
HISTORIC SCHOOLHOUSE- 765 Portola Road, Portola Valley, CA 94028 Amended Agenda Packet to include redlined version of salary schedule (Item 5 d) Remote Public Comments: Meeting participants are encouraged to submit public comments in writing in advance of the meeting. Please submit your comments using this online form by 1:00 PM on the day of the meeting. Time permitting, your correspondence will be uploaded to the website. All received questions will be forwarded to Council, Commission, or Committee members for consideration during the meeting and included in the public record. Additionally, technology permitting, the public body will take questions using the Raise Hand button for those who attend the meeting online or by phone. Phone callers may provide comments by pressing *9 on their phone to "raise your hand" and *6 to mute/unmute themselves. The meeting Chair will call on people to speak by the phone number calling in. Remote participation is provided as a supplemental way to provide public comment, but this method does not always work. The public is encouraged to attend in person to ensure full participation.

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

1. CALL TO ORDER- REGULAR SESSION

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

3. PRESENTATIONS
a. Historical Resource Committee Award; Recognizing respectful restoration of historic properties in Portola Valley
b. Proclamation for Carol Borck; Honoring 25 years of service

4. TOWN MANAGER REPORT

VIRTUAL PARTICIPATION VIA ZOOM
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Town of Portola Valley – Council Agenda
January 10, 2024

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

5. CONSENT AGENDA
a. Approval of Minutes - Meeting Minutes of December 13, 2023 b. Approval of Warrant List- 12/27/23 and 01/10/24
c. Adopt Resolution authorizing rebidding for rescoped rehabilitation project of Westridge Drive and authorize the Town Manager to award the project d. Adopt Salary Schedule Update

6. REGULAR AGENDA
a. Introduce the Ordinance to Update the Animal Control Chapter of Municipal Code b. Dissolve and Restructure Certain Advisory Committees c. Adoption of 2023 -2031 Portola Valley Housing Element Update and Conforming General Plan Amendments

7. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS Oral and written reports arising out of liaison appointments to both in-town and regional committees and initiatives. The Town Council does not take action under this agenda item.

8. ADJOURNMENT
The next Regular Town Council meeting will be held on January 24, 2024, at 7:00 PM ***************************************************************************************************************** Land Acknowledgement:

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

______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Mary Hufty
DATE: Jun 5,2023, rewritten June 22,2023
RE: Historic Resource Committee- Recognition of respectful restoration of historic properties in Portola Valley
RECOMMENDATION:

I recommend that the council proceeds with the Historic Resource Committee’s recommendation to honor residents who own historic properties as recognized on our General Plan for the sensitive manner in which they have made modifications and restorations. These plaques would be presented at the Council meeting at the Council and Staff’s convenience.

The recommended properties are:
• The Manginis’ Roadhouse to be presented to Alpine Hills Tennis and Swim Club • The Alpine Beer Garden (Zot’s) to be presented to the current owners • The Fitzhugh Home at 3 Grove Court, owned by the Ciancuttis • The restoration of Jelich Ranch to be presented to the Whites FINANCIAL IMPACT:

Cost has been under $100 and was submitted and approved as petty expenses for the Historic Resource Committee.

BACKGROUND:

The Historic Resource Committee began planning for the presentation of a plaque to recognize sensitive restoration of our historic resources three years ago. They used their

TOWN OF PORTOLA VALLEY
Colleagues Memo

TOWN OF PORTOLA VALLEY

budgeted funds to make a draft of the plaque and voted on an approval of that draft and mock on April 6, 2023 with a quorum and a publicly noticed meeting which I attended. The plan is to show the Town’s public appreciation for those owners of historic properties who have shown respect for the provenance of the buildings’ histories even as they make changes. Not many buildings are listed in the Historic Element and it is important to continue to encourage and recognize preservation efforts now and into the future. The residents named are among the very few property owners who have made historically sensitive modifications to historic properties. The committee has completed its evaluation of sites and has reviewed, accepted and voted on a sample plaque which could be presented to the property owners. We salute them!
Approved by: Sharif Etman, Town Manager

______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Sharif Etman, Town Manager
Corie Stocker, Assistant Town Manager
DATE: January 10, 2024
RE: Proclamation for Carol Borck; Honoring 25 years of Service

BACKGROUND
Carol Borck has been a staff member of the Town of Portola Valley since January 11, 1999. Over the years Carol has held positions within the Planning and Building Department and is currently the Town’s Senior Development Review Technician. On January 11, 2024, Carol will celebrate 25 years of dedicated service to the Town of Portola Valley.

DISCUSSION
The Town staff want to thank Carol for her 25 years of outstanding service to the Town of Portola Valley. Carol is an expert at the Portola Valley process of permits and functions within the Planning and Building department. She can always be counted on to provide support and guidance to her peers, and exemplary service to the community.

Carol is the Town’s keeper of knowledge, Town Archivist, and project planner for a range of applications, from single family homes and ADUs, to a complex multi-year replanting plan in response to unpermitted vegetation clearing.

Carol has managed the building permit process from initial inquiry to permit issuance and she oversaw the Town’s largest permit volume under pandemic conditions. Also, during the pandemic, Carol led the Building Division transition to digital permit processing to improve efficiency.

Carol maintains positive long-term relationships with residents and regular applicants, as well as trains staff and provides helpful insights and ongoing support both internally and

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

January 10, 2024

externally. Staff can count on Carol for help and appreciate her guidance and mentorship.

She is invested in the success of the team and always strives to help others.

The Town is immensely grateful for Carol’s 25 years of dedicated service.

Approved by: Sharif Etman, Town Manager

PROCLAMATION OF THE MAYOR

HONORING CAROL BORCK

FOR TWENTY-FIVE YEARS OF SERVICE TO

THE TOWN OF PORTOLA VALLEY
WHEREAS, On January 11, 1999, Carol Borck began her career with the Town of Portola Valley in the Planning and Building Department. Carol currently serves as the Town’s Senior Development Review Technician; and
WHEREAS, Carol Borck has consistently displayed commitment, strong service, and professionalism in her role, contributing significantly to permit efficiency and effective operations within the Planning and Building Department; and WHEREAS, Carol Borck is recognized for her dedication to providing excellent service to the residents of Portola Valley, ensuring their needs and concerns are addressed with care and attention; and
WHEREAS, Carol Borck has exhibited exemplary teamwork, serving as a valued and valuable team member amongst all Town staff. She is incredibly dependable and invested in the success of the Town ; and
WHEREAS, Carol Borck has demonstrated leadership by providing mentorship and guidance to her colleagues, and innovation in her role, as she led the transition to digital building permit processing and establishing new systems for permitting volume tracking; and
WHEREAS, Carol Borck in recent years was promoted to the Senior Development Review Technician role in recognition of her vast contributions, professional development, and oversight of the permitting process, as well as her strong relationships with all who work with her; and
WHEREAS, Carol Borck has devoted 25 years of dedicated service to the Town of Portola Valley and her contributions have significantly enhanced the Planning and Building Department. The Portola Valley staff are grateful for her knowledge, work ethic, and teamwork;

NOW, THEREFORE, I, Sarah Wernikoff, Mayor of the Town of Portola Valley, on behalf of the Council, staff, volunteers, and residents of the Town of Portola Valley, convey our heartfelt thanks and congratulations to Carol Borck on 25 years of service.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Town of Portola Valley to be affixed hereto this 10th day of January 2024.

By: _______________________________
Sarah Wernikoff
Mayor

TOWN OF PORTOLA VALLEY
Historic Schoolhouse
765 Portola Road
Portola Valley, CA 94028
Jeff Aalfs, Mayor
Sarah Wernikoff, Vice Mayor
Judith Hasko, Councilmember
Mary Hufty, Councilmember
Craig Taylor, Councilmember

COUNCIL MINUTES- REGULAR MEETING
WEDNESDAY- DECEMBER 13, 2023

1. CALL TO ORDER- REGULAR SESSION
The Wednesday, December 13, 2023, Regular Meeting of the Mayor and Council of the Town of Portola Valley convened at approximately 7:04 PM
Regular Session Roll Call

Present: Mayor Aalfs, Vice Mayor Wernikoff, and Councilmembers Hufty, Hasko, and Taylor

2. ORAL COMMUNICATIONS
The following spoke during oral communications:
• Bill Unger
• Sarah Simbeck
• Sue Crane
• Rita Comes
• Caroline Vertongen
• David Cardinal
• Jon Silver

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

The following spoke in public comments:
• Betsy Morgenthaler

4. CONSENT AGENDA
No public comments for any consent agenda items
Councilmember Hasko pulled item 4 c. and Vice Mayor Wernikoff pulled item 4 d.

Mayor Aalfs asked for a motion to approve item 4 a., 4 b., and 4 e.

Councilmember Hasko made a motion, seconded by Councilmember Taylor, to approve items 4 a., 4 b., and 4 e. The motion passed by the following vote:

Ayes: Mayor Aalfs, Vice Mayor Wernikoff, Councilmembers Hufty, Hasko, and Taylor Nays: None
a. Approval of Minutes- Regular Meeting Minutes of November 8, 2023 b. Approval of Warrant Lists- 11/22/23 and 12/13/23
c. Approval of Woodside Highlands Road Maintenance District (WHRMD) Budget

Minutes of the December 13, 2023, Regular Town Council Meeting

Councilmember Taylor recused himself as he resides in the area of discussion. Councilmember Taylor exited the council chambers for item 4 c. discussion Mayor Aalfs asked for a motion to approve item 4 c.

Councilmember Hasko made a motion, seconded by Vice Mayor Wernikoff to approve item 4 c. of the consent agenda. The motion passed by the following vote:

Ayes: Mayor Aalfs, Vice Mayor Wernikoff, Councilmembers Hufty, and Hasko Nays: None
Councilmember Taylor did not vote on this item
d. Authorize the Town Manager to Amend the Budget for Fiscal Year 2023-24 to allocate additional funds for legal services associated with the Housing Element Update Mayor Aalfs asked for a motion to approve item 4 d.

Vice Mayor Wernikoff made a motion, seconded by Councilmember Hasko to approve item 4 d. of the consent agenda. The motion passed by the following vote:

Ayes: Mayor Aalfs, Vice Mayor Wernikoff, Councilmembers Hufty, Hasko, and Taylor Nays: None
e. Appointments to Conservation and Nature and Science Committee’ to fill unscheduled vacancies

5. REGULAR AGENDA-PUBLIC HEARING
a. Town Council selection of Mayor and Vice Mayor
The following spoke in public comments:
• Jon Silver
• Onnolee Trapp
• Rita Comes
• David Cardinal
• Caroline Vertongen
• Sarah Simbeck
• John Golden
• Alice (no last name provided)
• Majda
• Linda Hames-Clever
• Sue Crane
• Greg Franklin
• Leslie Kriese
• Kristi Corley
Interim Town Attorney, Catherine Engberg, clarified the process/procedure for council reorganization
Councilmember Taylor made nomination for Vice Mayor Wernikoff as Mayor, seconded by Councilmember Hufty. The motion passed by the following vote:

Ayes: Mayor Aalfs, Vice Mayor Wernikoff, Councilmembers Hufty, Hasko, and Taylor Nays: None

Minutes of the December 13, 2023, Regular Town Council Meeting

Councilmember Taylor made nomination for Councilmember Hasko as Vice Mayor, seconded by Councilmember Hufty. The motion passed by the following vote:

Ayes: Mayor Aalfs, Vice Mayor Wernikoff, Councilmembers Hufty, Hasko, and Taylor Nays: None
b. Adoption of Affordable Housing Fund Policy
Presentation by Interim Planning Director, Jon Biggs. Thanked Councilmembers Hasko and Hufty for their work on this policy
The following spoke in public comments:
• Jon Silver
• Ronnie Eastman
• David Cardinal
• Kristi Corley
• Rita Comes
Councilmember Taylor made a motion to remove item 3 from policy and approve as amended, seconded by Councilmember Aalfs. The motion passed by the following vote:

Ayes: Mayor Wernikoff, Vice Mayor Hasko, Councilmembers Hufty, Taylor, and Aalfs Nays: None
c. Review and discuss the (Draft) Joint Work Plan with the Woodside Fire Protection District and Consider Providing Direction to Staff
The following spoke in public comments:
• Bob Turcott
• Jon Silver
• Rusty Day
• David Cardinal
• Danna Breen
• Rita Comes
• Kristi Corley

6. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS Oral and written reports arising out of liaison appointments to both in-town and regional committees and initiatives. The Town Council does not take action under this agenda item.

The following spoke in public comments:
• David Cardinal
• Kristi Corley
• Danna Breen
• Jon Silver

7. ADJOURNMENT
At 10:25 PM, the Mayor adjourned the December 13, 2023 meeting. The next Regular Town Council meeting will be held on January 10,2024, at 7:00 p.m.

TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
December 27, 2023
Claims totaling $553,683.84 having been duly examined by me and found to be correct are hereby approved and verified by me as due bills against the Town of Portola Valley.

Date _____________________________ ________________________________ Sharif Etman, Town Manager
Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment.

Signed and sealed this (Date) _____________________
_______________________________ _________________________________ Jennifer Torres, Town Clerk Mayor

apachreg Town of Portola Valley mmagahiz 12/21/2023 09:44 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 3758 41 AT&T 233.32 12/27/233759 44 BANK OF AMERICA 4,968.56 12/27/23 EFTPS3760 73 CA LANDSCAPE CONTRACTORS ASSOC 175.00 12/27/233761 78 CALIFORNIA WATER SERVICE CO 2,290.31 12/27/233762 79 CALIFORNIA WATER SERVICE CO 500.00 12/27/233763 80 CALPERS 7,814.08 12/27/23 EFTPS3764 121 SCA OF CA, LLC 1,782.06 12/27/233765 123 COLMA FIREMENS SOCIAL CLUB 60.00 12/27/233766 124 COMCAST 503.44 12/27/233767 127 CONTEMPORARY ENGRAVING CO. 85.02 12/27/233768 129 COTTON SHIRES & ASSOC. INC. 27,580.73 12/27/233769 135 CSG CONSULTANTS INC 14,077.00 12/27/233770 195 GOOD CITY COMPANY 45,681.25 12/27/233771 203 GREEN HALO SYSTEMS 114.00 12/27/233772 208 HARRELL REMODELING 1,000.00 12/27/233773 213 HILLYARD INC 508.68 12/27/233774 218 MISSIONSQUARE RETIREMENT 3,533.25 12/27/23 EFTPS3775 275 KRUPKA CONSULTING 1,137.50 12/27/233776 278 LAMPHIER GREGORY 5,880.00 12/27/233777 337 O. NELSON & SON INC. 2,060.00 12/27/233778 374 PLAN JPA 225.00 12/27/233779 376 PORTOLA VALLEY HARDWARE 275.10 12/27/233780 394 RJ DAILEY 10,975.00 12/27/233781 403 RON RAMIES AUTOMOTIVE INC. 596.49 12/27/233782 412 SAN MATEO SHERIFF 373,461.00 12/27/233783 434 SITEIMPROVE 3,657.55 12/27/233784 437 SMALL BUSINESS BENEFIT PLAN TR 3,276.40 12/27/233785 505 WOODSIDE FIRE PROTECTION DISTR 5,232.70 12/27/233786 507 WOODSIDE PRIORY 1,000.00 12/27/233787 642 CYBERTARY.COM 278.12 12/27/233788 690 CRUZ STRATEGIES 625.00 12/27/233789 730 URBAN PLANNING PARTNERS INC 5,053.75 12/27/233790 826 REBECCA LYNN 1,000.00 12/27/233791 860 STEPFORD 600.00 12/27/233792 874 NOVO CONSTRUCTION 5,156.75 12/27/233793 885 JOSHUA ALFARO 1,000.00 12/27/233794 949 PORTER CAPITAL CORPORATION 3,564.00 12/27/233795 1043 GENUINE CONSTRUCTION 500.00 12/27/233796 1082 TESLA ENERGY OPERATIONS 120.00 12/27/233797 1083 D. PATRICK FINNIGAN 495.00 12/27/233798 1084 LAURA RALSTON 43.70 12/27/233799 1085 SWATT MIERS ARCHITECTS 390.00 12/27/233800 1086 WHITESIDE HOMES LLC 1,000.00 12/27/233801 1088 CJW ARCHITECTURE 7,231.50 12/27/233802 1089 ATLAS ROOFING 1,000.00 12/27/23

apachreg Town of Portola Valley mmagahiz 12/21/2023 09:44 Page 2 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date Type 3803 1090 FAYE ELLIS 1,469.08 12/27/233804 1091 BOUCHER LAW, PC 5,396.00 12/27/233805 1092 STUDIO 3 DESIGN 77.50 12/27/23Check totals: 537,367.95ACH totals:EFTPS totals: 16,315.89Wire transfer totals:Payment Manager totals:GRAND TOTALS 553,683.84Check totals: 537,367.95ACH totals:EFTPS totals: 16,315.89Wire transfer totals:Payment Manager totals:GRAND TOTALS 553,683.84

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apapdinv2 mmagahiz Town of Portola Valley Page 1
09:45 12/21/23 Paid Invoices by Date
From: 12/27/2023 to 12/27/2023
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 41 AT&T
12/27/23 3758 October Statement 233.32 56.36 000020780010 October Statement 56.36 000020780012November Statement 60.30 000020929921November Statement 60.30 000020929923 Vendor: 44 BANK OF AMERICA
3759 November Statement 4,968.56 4,968.56 1388-NOV23
Vendor: 73 CA LANDSCAPE CONTRACTORS ASSOC
3760 FY2024-2024 CLCA Dues, J. Bixby 175.00 175.00 FY24-24_DUES Vendor: 78 CALIFORNIA WATER SERVICE CO
3761 Water Service 11/9/23 - 12/11/23 2,290.31 2,290.31 NOV-2023 Vendor: 79 CALIFORNIA WATER SERVICE CO
3762 Deposit Refund, 100 Canyon 500.00 500.00 PW0003-2019 Vendor: 80 CALPERS
3763 December Unfunded Liability 7,814.08 7,814.08 100000017370485 Vendor: 121 SCA OF CA, LLC
3764 November Litter/Street Clean 1,782.06 1,782.06 107633CS Vendor: 123 COLMA FIREMENS SOCIAL CLUB
3765 Council of Cities Dinner Meeting, Jeff Aalfs 60.00 60.00 12152023 Vendor: 124 COMCAST
3766 WIFI-12.16.2023-01.15.2024 503.44 503.44 7290-DEC23 Vendor: 127 CONTEMPORARY ENGRAVING CO.
3767 Nameplates 85.02 85.02 6844
Vendor: 129 COTTON SHIRES & ASSOC. INC.
3768 November Applicant Charges 27,580.73 27,580.73 2023-NOV Vendor: 135 CSG CONSULTANTS INC
3769 Nov Code Enforcement, Bldg Svcs, In house plan review 14,077.00 14,077.00 NOV-2023 Vendor: 195 GOOD CITY COMPANY
3770 Planning Consultant Services - November 2023 45,681.25 45,681.25 3397 Vendor: 203 GREEN HALO SYSTEMS
3771 December Hosting & Access 114.00 114.00 4652

.
apapdinv2 mmagahiz Town of Portola Valley Page 2
09:45 12/21/23 Paid Invoices by Date
From: 12/27/2023 to 12/27/2023
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 208 HARRELL REMODELING
3772 Deposit Refund, 40 Buckeye 1,000.00 1,000.00 BLDR0118-2022 Vendor: 213 HILLYARD INC
3773 Janitorial Supplies 508.68 508.68 605327987
Vendor: 218 MISSIONSQUARE RETIREMENT
3774 Deferred Comp - December 15, 2023 3,533.25 3,533.25 DECEMBER-202315 Vendor: 275 KRUPKA CONSULTING
3775 Traffic Planning & Flashing Beacons 1,137.50 1,137.50 1387 Vendor: 278 LAMPHIER GREGORY
3776 Planning Consultant 10/14/22 - 12/8/23 Stanford Wedge 5,880.00 5,880.00 2023-1473 Vendor: 337 O. NELSON & SON INC.
3777 Street Repairs Mapatche 2,060.00 2,060.00 264
Vendor: 374 PLAN JPA
3778 General Liability Claims- November 2023 225.00 225.00 PLAN-2024-0111 Vendor: 376 PORTOLA VALLEY HARDWARE
3779 November Statement 275.10 275.10 193-NOV23
Vendor: 394 RJ DAILEY
3780 Refund Deposit, 228 Westridge 10,975.00 10,000.00 BLDR0158-2017 Refund Deposit, 228 Westridge 500.00 BLDR0158-2017 2Refund Deposit, 228 Westridge 475.00 BLER0033-2021 Vendor: 403 RON RAMIES AUTOMOTIVE INC.
3781 November Fuel Statement 596.49 400.24 M20231130-3
Smog Test Service 196.25 76242
Vendor: 412 SAN MATEO SHERIFF
3782 FY23-24 Q2 Law Enforcement Services 373,461.00 373,461.00 PS-INV304733 Vendor: 434 SITEIMPROVE
3783 Subscription Service Fee, 01/15/2024 - 01/14/2025 3,657.55 3,657.55 USI-00002543 Vendor: 437 SMALL BUSINESS BENEFIT PLAN TR
3784 January Dental/Vision 3,276.40 3,276.40 JAN-2024
Vendor: 505 WOODSIDE FIRE PROTECTION DISTR
3785 11/01/23-11/30/23 Fire Mitigation Crew Support 5,232.70 5,232.70 WFPD CREW-1023

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apapdinv2 mmagahiz Town of Portola Valley Page 3
09:45 12/21/23 Paid Invoices by Date
From: 12/27/2023 to 12/27/2023
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 507 WOODSIDE PRIORY
3786 Deposit Refund - 302 Portola 1,000.00 1,000.00 PLNUSE0002-2020 Vendor: 642 CYBERTARY.COM
3787 November-December, Transcription Services 278.12 278.12 4765 Vendor: 690 CRUZ STRATEGIES
3788 Government Relations Work - December 2023 625.00 625.00 2989 Vendor: 730 URBAN PLANNING PARTNERS INC
3789 PV Housing Element Update- Sept HCD Matrix 5,053.75 5,053.75 21029-230930 Vendor: 826 REBECCA LYNN
3790 Deposit Refund - 165 Georgia 1,000.00 1,000.00 BLDR0011-2022 Vendor: 860 STEPFORD
3791 Onsite & Remote Field Services - November 600.00 600.00 2306627 Vendor: 874 NOVO CONSTRUCTION
3792 Deposit Refund, 460 Cervantes 5,156.75 4,156.75 PLNARCH00162021 Deposit Refund, 460 Cervantes 1,000.00 BLDM0003-2022
Vendor: 885 JOSHUA ALFARO
3793 Deposit Refund, 460 Cervantes (electric) 1,000.00 500.00 BLDR0006-2022 2 Deposit Refund, 460 Cervantes (Gas) 500.00 BLDR0006-2022 3 Vendor: 949 PORTER CAPITAL CORPORATION
3794 Temp Service, Michelle Magahiz 10/23/23-10/29/23 3,564.00 1,584.00 7374 Temp Service, Michelle Magahiz 12/04/23-12/10/23 1,980.00 7506 Vendor: 1043 GENUINE CONSTRUCTION
3795 Deposit Refund, 30 Holden 500.00 500.00 BLDR0012-2018 2 Vendor: 1082 TESLA ENERGY OPERATIONS
3796 Refund Permit - 286 Willowbrook 120.00 120.00 BLSP0045-2023 Vendor: 1083 D. PATRICK FINNIGAN
3797 Deposit Refund - 115 Meadowood 495.00 495.00 PLNPAR0010-2022 Vendor: 1084 LAURA RALSTON
3798 Deposit Refund - 339 Wayside 43.70 43.70 PLNPAR0006-2021 Vendor: 1085 SWATT MIERS ARCHITECTS
3799 Deposit Refund - 121 Ash 390.00 390.00 PLNPAR0014-2022

.
apapdinv2 mmagahiz Town of Portola Valley Page 4
09:45 12/21/23 Paid Invoices by Date
From: 12/27/2023 to 12/27/2023
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 1086 WHITESIDE HOMES LLC
3800 Deposit Refund - 170 Golden Oak 1,000.00 1,000.00 BLDR0020-2019 Vendor: 1088 CJW ARCHITECTURE
3801 Deposit Refund - 4388/4370 Alpine 7,231.50 7,231.50 PLNLLA001-2023 Vendor: 1089 ATLAS ROOFING
3802 Deposit Refund - 190 Bear Gulch 1,000.00 1,000.00 BLDR0172-2023 Vendor: 1090 FAYE ELLIS
3803 Deposit Refund - 346 Wayside 1,469.08 1,469.08 PLNPAR0024-2022 Vendor: 1091 BOUCHER LAW, PC
3804 7/1/23-7/31/23 Legal Services 5,396.00 1,136.00 1630 8/1/23-8/31/23 Legal Services 4,260.00 1642
Vendor: 1092 STUDIO 3 DESIGN
3805 Deposit Refund - 380 Portola 77.50 77.50 PLNPAR0026-2022 Check Date Totals 553,683.84
Grand Total 553,683.84

TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
January 10, 2024
Claims totaling $54,055.39 having been duly examined by me and found to be correct are hereby approved and verified by me as due bills against the Town of Portola Valley.

Date _____________________________ ________________________________ Sharif Etman, Town Manager
Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment.

Signed and sealed this (Date) _____________________
_______________________________ _________________________________ Jennifer Torres, Town Clerk Mayor

apachreg Town of Portola Valley mmagahiz 01/04/2024 09:21 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 3806 55 BILL HAMILTON ROOFING 1,000.00 01/10/243807 75 CALIFORNIA BLDG STANDARDS COMM 261.00 01/10/243808 124 COMCAST 186.47 01/10/243809 156 DEPARTMENT OF CONSERVATION 1,139.27 01/10/243810 218 MISSIONSQUARE RETIREMENT 3,598.25 01/10/24 EFTPS3811 339 OCCUSCREEN LLC 61.00 01/10/243812 380 PURCHASE POWER 77.80 01/10/243813 423 SESAC 581.00 01/10/243814 428 SHARP BUSINESS SYSTEMS 300.79 01/10/243815 448 STATE COMP INSURANCE FUND 5,488.39 01/10/243816 467 THEODORE WILSON 2,029.60 01/10/243817 532 SAN MATEO COUNTY MANAGERSOFF 4,563.00 01/10/243818 730 URBAN PLANNING PARTNERS INC 12,872.25 01/10/243819 784 JOSHUA PORTNER 1,928.32 01/10/243820 860 STEPFORD 4,401.00 01/10/243821 864 DAILY POST 281.25 01/10/243822 946 JARVIS FAY LLP 2,090.00 01/10/243823 949 PORTER CAPITAL CORPORATION 4,356.00 01/10/243824 1034 ARMENTO AND HYNES, LLP 2,775.00 01/10/243825 1067 KRISCH & COMPANY 5,065.00 01/10/243826 1093 STATEWIDE ROOFING 1,000.00 01/10/24Check totals: 50,457.14ACH totals:EFTPS totals: 3,598.25Wire transfer totals:Payment Manager totals:GRAND TOTALS 54,055.39Check totals: 50,457.14ACH totals:EFTPS totals: 3,598.25Wire transfer totals:Payment Manager totals:GRAND TOTALS 54,055.39

.
apapdinv2 mmagahiz Town of Portola Valley Page 1
09:22 01/04/24 Paid Invoices by Date
From: 01/10/2024 to 01/10/2024
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 55 BILL HAMILTON ROOFING
01/10/24 3806 Deposit Refund, 3 Fremontia 1,000.00 1,000.00 BLDR0199-2023 Vendor: 75 CALIFORNIA BLDG STANDARDS COMM
3807 Building Standards Administration Fee Report 261.00 261.00 Q4_2023 Vendor: 124 COMCAST
3808 WIFI-12.21.2023-1.20.2024 186.47 186.47 1945-DEC23 Vendor: 156 DEPARTMENT OF CONSERVATION
3809 Strong Motion Instrumentation and Seismic Hazard Mapping Fee 1,139.27 1,139.27 Q4_2023 Vendor: 218 MISSIONSQUARE RETIREMENT
3810 Deferred Comp - December 31, 2023 3,598.25 3,598.25 DECEMBER-202331 Vendor: 339 OCCUSCREEN LLC
3811 Recruitment 61.00 61.00 218108
Vendor: 380 PURCHASE POWER
3812 Postage Meter 77.80 77.80 7931-DEC23
Vendor: 423 SESAC
3813 2024 Music License 581.00 581.00 144330 2024
Vendor: 428 SHARP BUSINESS SYSTEMS
3814 Sept Copies 300.79 152.79 9004636240
Oct Copies 148.00 9004636241
Vendor: 448 STATE COMP INSURANCE FUND
3815 WC Premium, 12/06/2023-01/06/2024 5,488.39 5,488.39 1001844518 Vendor: 467 THEODORE WILSON
3816 Deposit Refund, 150 Stonegate 2,029.60 2,029.60 BLDR0200-2021 Vendor: 532 SAN MATEO COUNTY MANAGERSOFF
3817 FY 2023-24 Animal Care Shelter Construction Costs (PV Share) 4,563.00 4,563.00 ASC23-24-PORTOL Vendor: 730 URBAN PLANNING PARTNERS INC
3818 PV Housing Element Update- Nov HCD Matrix 12,872.25 12,872.25 21029-231130 Vendor: 784 JOSHUA PORTNER
3819 Deposit Refund, 333 Canyon Drive 1,928.32 1,928.32 BLDR0204-2021 1 Vendor: 860 STEPFORD

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apapdinv2 mmagahiz Town of Portola Valley Page 2
09:22 01/04/24 Paid Invoices by Date
From: 01/10/2024 to 01/10/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
01/10/24 3820 Monthly Service Charges 01/01/2024 THRU 01/31/2024 4,401.00 3,920.00 2401002 Veeam Backup & Disaster Recovery & License Jan 24 481.00 2401003 Vendor: 864 DAILY POST
3821 Public Hearing Advertisement - DEC 281.25 281.25 86761 Vendor: 946 JARVIS FAY LLP
3822 Legal Services - Housing Element November 2,090.00 2,090.00 18275 Vendor: 949 PORTER CAPITAL CORPORATION
3823 Temp Service, Michelle Magahiz 12/11/23-12/17/23 4,356.00 1,980.00 7538 Temp Service, Michelle Magahiz 12/18/23-12/24/23 1,980.00 7546Temp Service, Michelle Magahiz 12/25/23-12/31/23 396.00 7574 Vendor: 1034 ARMENTO AND HYNES, LLP
3824 Legal Services, July 2023 2,775.00 1,087.50 2023-2 Legal Services, August 2023 1,350.00 2023-3Legal Services, Sept-Dec 2023 337.50 2023-4 Vendor: 1067 KRISCH & COMPANY
3825 Advisory Services - Nov 2023 5,065.00 3,361.50 51789 Professional Services - Nov 2023 1,703.50 51788
Vendor: 1093 STATEWIDE ROOFING
3826 Deposit Refund - 157 Goya 1,000.00 1,000.00 BLDR0159-2023 Check Date Totals 54,055.39
Grand Total 54,055.39

______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Howard Young, Public Works Director
DATE: January 10, 2024
RE: Annual Street Resurfacing Project FY 2023/2024– Westridge Drive Rehabilitation Project#2023-PW01- Rebid

RECOMMENDATION
Staff recommends that the Town Council:

1. Authorize rebidding of the rescoped project and adopt the attached resolution approving the revised plans and specifications for the fiscal year 2023/2024 Street Resurfacing project known as the Westridge Drive Rehabilitation project and calling for sealed bids for this project.

2. Authorize the Town Manager to award the project to the lowest responsible bidder with a total contract and change order amount not to exceed $1,017,612. This would include authorization to add to (or subtract from) the project, additional work and as recommended by the Public Works Director if the allocated amount allows, in an effort to maximize paved areas and utilize the entire allocated amount.

3. Authorize the Public Works Director to negotiate and execute contract change orders up to and within the allocated budget of $1,017,612 and authorize the Public Works Director to reject bids and rebid the project as necessary.

4. Authorize the Town Manager to enter into and execute contracts related to construction management, inspection, testing, and support services related to the project not to exceed $138,996 as approved in the current 2023-2024 adopted budget.

5. Authorize the Town Manager to enter and execute contracts up to the budgeted $70,000 related to a design of a 2024/2025 street resurfacing project as approved in the current 2023-2024 adopted budget.

BACKGROUND
Regular and strategic maintenance of the Town’s roads is a cost-effective way to provide

TOWN OF PORTOLA VALLEY

STAFF REPORT

Annual Street Resurfacing Project - Rebid Town Council 1/10/24

greater safety and usability for road users and extend the life of the roadway system. Each year the Town completes a road maintenance project that incorporates treatments as appropriate.

Previously, the Council approved the original plans and specifications and authorized advertisement for bids at its April 26, 2023 meeting. The project consisted of rehabilitation of the road surface on Westridge Drive from Alpine Road to Cervantes Road (East). Bids received on 5/24/23 were:

1. O’Grady Paving, Inc. $1,077,835.50

2. G. Bortolotto and Co., Inc. $1,111,111.11
Engineers estimate at the time: $842,400.00
Since the bids were over the estimate, staff rejected all bids with the intention of rescoping the project and to rebid at a future date. The bidding environment at the time was higher due to cost increases in the construction industry. Taking cost increases into consideration, staff is rebidding the project broken into different scopes, with a reduced base bid scope, and two bid alternates up to the original length of road.

DISCUSSION
The preparation of construction documents for rebidding for this street resurfacing project is completed for repairs to sections of Westridge Drive from approximately Cervantes Road (East) to Alpine Road (Attachment 1: Project location map). This project was rescoped into a base bid and two bid add alternates separating the 4,086 feet section of road into 3 bid sections of approximately 950, 1,600, and 1,536 feet. The base bid scope consists of a 950 feet section of roadway from approximately 275 to 300 Westridge Drive which contain the most extensive repairs. Bid Add Alternate 1 extends the project South from 275 Westridge Drive to its intersection with Alpine Road. Bid Add Alternate 2 extends the project North from 300 to 468 Westridge Drive at Cervantes Road.

The street sections selected for treatment were based on the Town’s Pavement Management System and field surveys conducted in 2021/2022. A copy of the Plans and Specifications are available for review at Town Hall in the office of the Public Works Director.

The following is our anticipated project schedule for this project weather dependent:

Town publicly advertises for the project: Week of January 15, 2024 Bid Opening: Week of February 12, 2024
Town Manager awards contract: March 2024
Construction window: April 2024-August 2024

Annual Street Resurfacing Project - Rebid Town Council 1/10/24

OBAG 2 Funding
The San Mateo County City/County Association of Governments (C/CAG) adopted the County’s One Bay Area Grant 2 (OBAG 2) program directing funds towards the preservation of local roads eligible for federal aid funding in San Mateo County. Streets eligible for federal aid are generally collector and arterial roads and do not include residential streets. Staff submitted an application for OBAG 2 funding and has been allocated up to $201,000 from the program on a per capita basis and has received approval for the reimbursable funds to be used for this project (Federal Aid Project #STPL5390(006). OBAG funded projects are required to conform to Federal-aid project requirements, requiring more staff time because they require more administrative procedures. The process and approvals are handed through the California Department of Transportation (Caltrans). The process involves document submittals and approvals for each phase of the project from beginning to end which the Town must comply with.

FISCAL IMPACT
The adopted 2023/2024 fiscal year budget for the Annual Street Resurfacing project is $1,017,612. The estimated cost of the base bid of this street resurfacing project is $663,410 including a 10% construction contingency. The base bid estimate cost does not include the additive bid alternates. Bid Add Alternate 1 is estimated at $272,140 and Bid Add Alternate 2 is estimated to be $225,280 with contingency. The additive bid alternates or portions of, will only be executed if the project budget allows. In addition, it is expected that additional construction inspection, testing services, and other project related services will be added through separate contracts as budgeted up to $138,996.

This project will be funded by a variety of sources including SB1, OBAG, Measures M, A, W, and required General Fund.

For the assembly and design of a future 2024/2025 Street resurfacing project, $70,000 was budgeted for in the current adopted 2023/2024 fiscal year budget as an estimate.

ATTACHMENTS

1. Project location map

2. Resolution
________ Cindy Rodas, Finance Director Approved by: Sharif Etman, Town Manager

Attachment 1- Project Location Map

RESOLUTION NO. 2024

A RESOLUTION OF THE TOWN COUNCIL OF THE

TOWN OF PORTOLA VALLEY

APPROVING PLANS AND SPECIFICATIONS AND

CALLING FOR BIDS FOR THE
WESTRIDGE DRIVE REHABILITATION Project No. 2023-PW01
The Town Council of the Town of Portola Valley does RESOLVE as follows:

Section 1. The Town Council hereby approves and adopts plans and specifications for the work in the Town of Portola Valley for the 2023/2024 Street Resurfacing Project known as the Westridge Drive Rehabilitation Project, project No. 2023-PW01. This is a rebid of the project that was authorized in resolution #2924-2023 approved on April 26, 2023. Resolution #2924-2023 is hereby rescinded.

Section 2. Due to public interest and convenience, the Town Council hereby orders that the work and improvements, as set forth and described in said plans and specifications, be advertised for bid and performed subject to an acceptable bid. The Town Council further orders that all of the work and improvements will be done under the direction of and to the satisfaction of the Public Works Director; and all of the work shall be done in accordance with the plans and specifications.

Section 4. The Town Clerk of the Town is hereby directed to post by two (2) successive postings in the three (3) public places that have been designated by ordinance as the places for posting public notices, there being no newspaper published in the Town, and not less than five (5) days apart, a notice inviting sealed proposals or bids for the construction of the work and improvements and referring to the plans and specifications on file in the Office of the Town Clerk, the first of which postings shall be at least ten (10) days prior to the time fixed for opening bids.

Section 5. All proposals or bids shall be accompanied by a certified check payable to the order of the Town, or cash, amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to the Town, signed by a corporate surety or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. The check shall be forfeited, or the bond shall become payable to the Town, if the bidder does not, after the contract has been awarded, and within the time specified in the plans and specifications, enter into a contract with the Town, in the form set forth in the specifications. The faithful performance of the contract shall be assured by an undertaking in the amount of one hundred percent (100%) of the amount so bid, with sureties satisfactory to the Town, and ATTACHMENT 2 Page 26 of 285
which shall be accompanied by a payment bond (labor and materials) in a sum not less than one hundred percent (100%) of the amount of the bid.

Section 6. The sealed proposals or bids shall be delivered to the Public Works Director of the Town as stated on the Notice Inviting Bids, or other later date as directed by the Public Works Director, at the Office of the Town Clerk in the Town Hall, 765 Portola Road, in the Town, said time being not less than ten (10) days from the time of the first publication of said notice. Bids will be publicly opened, examined, and the Town Manager will take action awarding and executing the contract not to exceed $1,017,612. The Public Works Director is authorized to add or subtract work to comply with budget requirements.

Section 7. The Public Works Director is authorized to negotiate and execute contract change orders up to and within the allocated project budget of $1,017,612 and authorized to reject bids and rebid the project as necessary.

Section 8. The Town Manager is authorized to enter into and execute contracts related to construction management, inspection, testing, and support services related to the project within the amounts contained in the current 2023-2024 Fiscal Year Town budget not to exceed $138,996.

Section 9. The Town Manager is authorized to enter into and execute contracts related to design and preparation of a 2024/2025 street resurfacing project not to exceed $70,000 as approved in the current 2023-2024 Fiscal Year budget.

PASSED AND ADOPTED this 10th day of January 2024.

Mayor
ATTEST:

Town Clerk
ATTACHMENT 2 Page 27 of 285
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Sharif Etman, Town Manager
Corie Stocker, Assistant Town Manager
DATE: January 10, 2024
RE: Salary Schedule Update

RECOMMENDATION
Staff recommends the Town Council adopt the updated Salary Schedule.

BACKGROUND
Each budget cycle the Town Council adopts the salary schedule as part of the budget process. In most jurisdictions, the salary schedule is brought periodically to Council as a routine update to ensure; salary compliance to California Public Retirement System (CalPERS) standards, and accurate pay and/or titles for staff, and transparency.

The salary schedule only reflects the highest and the lowest points that the Town Manager can authorize payment for each staff member. The Town Manager is authorized to compensate a staff member anywhere between those points; thus, the salary schedule does not reflect the exact point where a staff member is paid. An update to the schedule does not automatically change the rate of pay for a staff member.

This salary schedule reflects both budgeted and non-budgeted, previously approved positions.

DISCUSSION
The Town Manager updated the salary schedule to reflect prior approved positions not yet included to ensure CalPERS compliance, to update and correct titles, and to adjust some salaries based on internal equity and comparison to other local jurisdictions.

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

Salary Schedule Update 10, 2024

Approved by: Sharif Etman, Town Manager
The Senior Accountant position has been added to the schedule and was approved by Council in 2023.The Assistant to the Town Manager position was reclassified to Senior Management Analyst and approved by Town Council last August. Adjustments to the Assistant Town Manager and Directors of Finance and Building and Planning salaries are being made to reflect internal equity and comparisons to other local jurisdictions. Other positions such as Maintenance Worker I and II and Development Review Technician I and II are being merged into I/II positions to allow for flexibility in staffing.

Staff will bring the Salary Schedule to the Council periodically for approval.

FISCAL IMPACT
There is no fiscal impact. Updating the salary schedule does not grant a raise or decrease in compensation for affected positions.

ATTACHMENT
Updated Salary Schedule

Bottom Top Bottom Top Bottom Top
Town Manager
Town Clerk $113,224 $148,044
Assistant Town Manager $166,163 $199,396 $180,000 $232,000 salary Assistant to the Town Manager $127,392 $166,163
Senior Management Analyst $113,224 $148,044 salary
Administrative Management Analyst $97,974 $121,982 $47.10 $58.64 Administrative Assistant $72,996 $88,475 $35.09 $42.54
Finance Director $122,643 $174,892 $170,000 $222,000
Administrative Services Manager $120,000 $158,000 salary Senior Accountant $108,000 $130,000 salary
Finance Analyst $77,036 $104,397 $37.04 $50.19
Finance Technician $54,756 $95,696 $26.33 $46.01
Planning and Building Director/Town Planner $194,883 $243,637 $170,000 $222,000 Deputy Building Official $114,452 $169,797 $55.02 $81.63 Senior Planner $115,643 $162,949 $55.60 $78.34
Associate Planner $97,502 $133,122 $46.88 $64.00
Assistant Planner $89,520 $120,829 $43.04 $58.09
Senior Development Review Technician $83,082 $105,237 39.94 50.59 Development Review Technician I/II $53,801 $94,365 $25.87 $45.37 Development Review Technician II $78,752 $94,365 $37.86 $45.37 Development Review Technician I $53,801 $82,528 $25.87 $39.68 Public Works Director/Town Engineer $194,883 $243,637
Recreational Facilities Coordinator $83,391 $104,387 $40.09 $50.19 Lead Maintenance Worker III $91,155 $127,832 $43.82 $61.46 Maintenance Worker I/II $66,120 $84,637 $31.79 $40.69
Maintenance Worker II $73,317 $93,858 $35.25 $45.12
Maintenance Worker I $66,120 $84,637 $31.79 $40.69
Consultant/Intern/Temporary Help $25.00 $175

1. All hourly positions are based on a 40.0 hour work week (2,080 hours per year) unless noted otherwise.

2. Not all classifications detailed above are authorized to be filled, please refer to the Town's budget for authorizations.

Notes:

Public Works / Facilities Maintenance
salary
salary
salary
Planning & Building
salary
Finance
set by contract salary
salary
Town of Portola Valley
Salary Schedule
FY 2023-24 Salary Schedule: Adopted January 10, 2024
Administration
Annual Range Updated Range Hourly Range

Bottom Top Bottom Top
Town Manager
Assistant Town Manager $180,000 $232,000 salary
Senior Management Analyst $113,224 $148,044 salary
Town Clerk $113,224 $148,044
Administrative Analyst $97,974 $121,982 $47.10 $58.64
Administrative Assistant $72,996 $88,475 $35.09 $42.54
Finance Director $170,000 $222,000
Administrative Services Manager $120,000 $158,000 salary Senior Accountant $108,000 $130,000 salary
Finance Technician $54,756 $95,696 $26.33 $46.01
Planning and Building Director $170,000 $222,000
Deputy Building Official $114,452 $169,797 $55.02 $81.63 Senior Planner $115,643 $162,949 $55.60 $78.34
Associate Planner $97,502 $133,122 $46.88 $64.00
Assistant Planner $89,520 $120,829 $43.04 $58.09
Senior Development Review Technician $83,082 $105,237 39.94 50.59 Development Review Technician I/II $53,801 $94,365 $25.87 $45.37 Public Works Director/Town Engineer $194,883 $243,637
Recreational Facilities Coordinator $83,391 $104,387 $40.09 $50.19 Lead Maintenance Worker $91,155 $127,832 $43.82 $61.46
Maintenance Worker I/II $66,120 $84,637 $31.79 $40.69
Consultant/Intern/Temporary Help $25.00 $175.00

1. All hourly positions are based on a 40.0 hour work week (2,080 hours per year) unless noted otherwise.

2. Not all classifications detailed above are authorized to be filled, please refer to the Town's budget for authorizations.

3. This schedule serves as the highest and lowest point of a salary. It is not a reflection of actual employee pay. **The Town Manager reserves the right to pay within the lowest and highest point of the salary range. salary
Town of Portola Valley
Salary Schedule
FY 2023-24 Salary Schedule: Adopted January 10, 2024
Administration
Annual Range Hourly Range
set by contract salary
Finance
salary
Planning & Building
salary
Notes:

Public Works / Facilities Maintenance
salary

______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Catherine Engberg, Interim Town Attorney
DATE: January 10, 2024
RE: Introduction of Ordinance to update Animal Control Chapter of Municipal Code

RECOMMENDATION
Staff recommends that the Town Council introduce and waive the first reading of the attached ordinance repealing and replacing Chapter 6.04, Animal Control, of the Portola Valley Municipal Code to clarify existing definitions, enact additional requirements for animal control, and effectively revise animal control service fees.

BACKGROUND
Since 1952, all 20 cities/towns in San Mateo County have contracted with the County of San Mateo for animal control services, and the County has in turn contracted with the Peninsula Humane Society and Society for the Prevention of Cruelty to Animals (PHS) for animal control field and sheltering services. This has allowed the cities to pool resources to realize lower costs for animal control services than each city could likely achieve by providing its own services.

Those services are currently performed under a 2021 Facilitation and Coordination of Animal Control Services Agreement with a 5-year term, under which Portola Valley and other cities in San Mateo County reimburse the County for the costs of specified animal care and control, shelter services, and animal licensing.

The County’s animal control ordinance was last updated on October 17, 2006, with several additional minor amendments over the years. That ordinance is codified at Chapter 6.04 of the San Mateo County Ordinance Code. Under the terms of the Animal Control Services Agreement (Attachment 2), to facilitate efficient and cost affective delivery of animal control services, the cities are expected to adopt and maintain animal control ordinances that are substantially the same as the County’s. Portola Valley’s animal control ordinance is codified at Chapter 6.04 of the Portola Valley Municipal Code.

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

DISCUSSION
The Animal Control and Licensing Program Manager of San Mateo County Health informed each of the cities within the County that a process would begin to revise and update the County’s animal control ordinance and invited all cities to participate in the discussion and development process. From that open invitation, the Program Manager worked with a committee of five City Attorneys, representing South San Francisco, Millbrae, Pacifica, Half Moon Bay, and Redwood City, as well as the County Attorney’s Office, and with ongoing input from the PHS (including their legal counsel), to develop a draft updated County animal control ordinance. All key stakeholders (the County, cities, and PHS) of San Mateo County animal control ultimately were involved in the drafting process. The goal for revising the County ordinance was enhanced enforceability, streamlined processes, clarity in definitions based on real-world experience, and above all else, public safety.

The committee of stakeholders identified opportunities to clarify existing language, remove repetitive language, and make substantive changes to the County’s ordinance, with an emphasis on increasing efficiency in enforcement, clarifying language deemed confusing, and addressing deficiencies that had emerged after years of experience and enforcement under Chapter 6.04 of the County’s Ordinance Code.

As part of the development process, the Program Manager undertook a comprehensive study of other jurisdictions within California and in some circumstances sought feedback from those jurisdictions on how certain elements worked or did not work. The Program Manager carefully considered input from all relevant parties in order to draft a proposed update to the County’s animal control ordinance that reflected the interests of all stakeholders. That proposed ordinance was presented to the County Board of Supervisors for a first reading at the Board’s December 12, 2023 meeting, with the second reading scheduled on consent for January 9, 2024. If the County finalizes adoption of the ordinance on January 9, the County ordinance will take effect on February 8, 2024 (30 days after adoption). The County has requested that all 20 cities/towns adopt updated ordinances in parallel so that they may take effect within one month of the County’s ordinance.

The Interim Town Attorney has prepared the proposed ordinance updating Chapter 6.04 of the Portola Valley Municipal Code, which is substantively the same as the County’s updated animal control ordinance. The following are the key provisions of the Portola Valley ordinance updating Chapter 6.04:
• Updates existing definitions to improve enforcement capabilities and remove potential areas of confusion, particularly as relates to “Dangerous” and “Vicious” animal designations within the town.
• Requires licensing of and rabies vaccinations for cats. • Lowers the rabies vaccination age requirement, consistent with current state law. • Updates language and enforcement regarding “Vicious” animals. An animal designated as “Vicious” is, in many circumstances, to be humanely euthanized. The proposed ordinance raises the threshold for when an animal may be declared

“Vicious” (and thus is to be euthanized) as consistent with current standards and practical enforcement considerations. For offending animals deemed a significant danger to the public, a “Vicious” animal designation is still applicable. • Updates language and enforcement regarding “Dangerous” animals. An animal designated as “Dangerous” is one which has exhibited behavior that indicates that heightened safety requirements for the keeping of such animal are required to ensure public protection. The proposed revised Chapter 6.04 revises and clarifies the threshold for when an animal may be designated as “Dangerous.” Further, under the proposed revisions, an owner may apply for the designation to be lifted after a period of three years if it has been safely maintained under the permit, removing the need for County oversight and enforcement. The Program Manager has found that most animals deemed “Dangerous” (about 90%) do not re-offend, and that the lifting of designations for animals deemed no longer a danger to the public is consistent with the practice in other jurisdictions, as well as state recommendations under the California Food and Agriculture Code.
• Provides that any administrative hearings will be heard by an individual hearing officer.
• Removes language indicating that an animal owner may not maintain a “Dangerous” animal in a home with a juvenile person under the age of 18. The committee could not find any other jurisdiction with this restriction in an ordinance, and is not aware of any instance in which it had actually improved public safety. • Updates the fees and charges for animal control by providing that they shall be the fees and charges as adopted in the San Mateo County animal control ordinance, and as from time to time amended by the County, and further clarifies the offenses for which administrative citations may be issued for violations of the Chapter.

The above-noted provisions requiring licensing of and rabies vaccinations for cats and that any administrative hearings will be heard by a hearing officer were required under the previous version of the County’s animal control ordinance. However, Portola Valley’s current animal control ordinance differs substantively from that County’s ordinance in those respects:
it does not currently require licensing or vaccinations of cats, and provides that administrative hearings pertaining to the declaration of animals as dangerous or vicious will be conducted by a panel composed of the Town Administrator or designee and one councilmember appointed by the mayor. This proposed ordinance updating Chapter 6.04 of the Portola Valley Municipal Code removes those differences, so that Portola Valley’s ordinance is more substantively similar to the County’s animal control requirements, as contemplated by the 2021 Animal Control Services Agreement.

FISCAL IMPACT
There is no fiscal impact associated with this item.

ENVIRONMENTAL REVIEW
The proposed ordinance is not subject to the provisions of the California Environmental Quality Act (CEQA) because under CEQA Guidelines Section 15060(c)(2), the activity will

not result in a direct or reasonably foreseeable indirect physical change in the environment, and because under Section 15060(c)(3), the activity is not a project as defined in Section 15378, because it has no potential to result in physical change to the environment. Moreover, the Town Council finds that even if adoption of this Ordinance were otherwise subject to CEQA, it would be exempt pursuant to CEQA Guidelines Section 15061(b)(3) (common sense exemption).

ATTACHMENTS

1. Ordinance Repealing and Replacing Chapter 6.04 [Animal Control] of the Portola Valley Municipal Code to Provide for Animal Control

2. Agreement between the County of San Mateo and Cites in San Mateo County for Facilitation and Coordination of Animal Control Services (July 1, 2021) Approved by: Sharif Etman, Town Manager

ATTACHMENT 1
ORDINANCE NO. _____

ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY REPEALING AND REPLACING CHAPTER 6.04 [ANIMAL CONTROL] OF TITLE 6 [ANIMALS] OF THE PORTOLA VALLEY MUNICIPAL CODE TO PROVIDE FOR ANIMAL

CONTROL
WHEREAS, Under a July 1, 2021 Facilitation and Coordination of Animal Control Services Agreement (“Agreement”) with a term of 5 years, the County of San Mateo (“County”) facilitates provision of, and the Town of Portola Valley (“Town”), along with all other cities in San Mateo County, reimburses the County for the costs of, specified animal care and control, shelter services, and animal licensing, as they have done for over 70 years; and WHEREAS, that Agreement is based on an expectation that the Town and other cities in San Mateo County will adopt and maintain animal control ordinances that are substantially the same as the provisions of Chapter 6.04 (“Animals”) of the San Mateo County Ordinance Code; and
WHEREAS, the County has recently updated Chapter 6.04 of its Ordinance Code to clarify existing definitions, enact additional requirements for animal control, and revise animal control service fees; and
WHEREAS, the Town desires to repeal the existing text of Chapter 6.04 of its Municipal Code (enacted by Ordinance 2005-361 in 2005) and replace it with text substantially similar to that of the updated Chapter 6.04 of the County Ordinance Code, which will facilitate the County’s continued provision of specified animal care and control, shelter services, and animal licensing for the Town.

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

1. REPEAL AND REPLACEMENT OF CODE. Chapter 6.04 of the San Mateo County Ordinance Code is hereby repealed, and a new Chapter 6.04 is hereby adopted, to be entitled and numbered and to read as follows:

Chapter 6.04

ANIMAL CONTROL
Sections:

6.04.010 Definitions

6.04.020 Animal control program

6.04.030 Rabies vaccinations

6.04.040 Dog and cat licenses

6.04.050 Public protection from dogs

6.04.060 Prohibited conduct

6.04.070 Protection of animals in motor vehicles

6.04.080 Release from confinement

6.04.090 Declaration of dangerous animal

6.04.100 Dangerous animal permit requirements

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6.04.110 Revocation or modification of dangerous animal permit

6.04.120 Possession of animals after revocation of dangerous animal permit

6.04.130 Declaration of vicious animals

6.04.140 Providing false information

6.04.150 Administrative hearing procedures

6.04.160 Animals to be impounded

6.04.170 Stray animals

6.04.180 Epidemics

6.04.190 Bite reporting requirements

6.04.200 Administrative citations

6.04.210 Appeal of administrative citation

6.04.220 Payment of administrative fines

6.04.230 Amount of administrative fines

6.04.240 Misdemeanor violations

6.40.250 Violation of chapter a public nuisance; remedies cumulative

6.40.260 Service of documents and notices

6.04.270 Field return fee

6.04.280 Redemption and spay/neuter fee

6.04.290 Quarantine fee

6.04.350 Fees and charges

6.04.010 – Definitions
The following words and phrases, when used in this chapter shall have the meaning set forth below:

A. “Animal control officer” – any person designated as the animal control program manager for the county, as well as the head of the county’s animal control contractor and their duly authorized officers or deputies. In the event the county has no animal control contractor to provide animal control officers, or in cases of emergency in which additional animal control officers are needed, “animal control officer(s)” may include persons so designated by the animal control manager.

B. “Animal control program” – that program established by the county and the town, and the program’s animal control contractor(s), if any, which contractor is specifically charged with regulating and enforcing laws dealing with animal control within the county and town. Animal control program includes the licensing program.

C. “Animal control program manager” - that person employed by the county to oversee the animal control program or designee.

D. “Animal control shelter” - a San Mateo county facility operated by the county, or by another public entity, an accredited, tax-exempt humane non-profit organization contracted with the county, or a for-profit business contracted with the county for the purpose of impounding, sheltering, adopting, or euthanizing seized, stray, distressed, homeless, abandoned, or unwanted animals.

E. “Caretaker” - any person 18 years of age, or older, who has assumed responsibility for the care, custody, or control of an animal(s).

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F. “Dangerous animal” - any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, that constitutes a danger to persons or animals, and/or demonstrates any of the following behavior(s):

1. behavior that results in bodily harm that is less serious than a “severe injury”, or constitutes a substantial threat of bodily harm to a person; or

2. an attack on another animal which results in an injury that is sufficient to require veterinary care even if not received.

An animal which has been declared by an out of this county jurisdiction as “potentially dangerous,” “dangerous,” “vicious,” or any other similar designation, may be deemed a dangerous or vicious animal for the purposes of this chapter, as determined by an animal control officer.

G. “Health officer” - that person so designated by the county of San Mateo.

H. “Humane officer” - any person who is qualified and appointed pursuant to California Corporations Code section 14502, and who is an employee of the county and designated as such by the county or an employee of a society for prevention of cruelty to animals or humane society that has contracted with the county of San Mateo to provide animal control services.

I. “Licensing program” - that program within San Mateo county Health System, including but not limited to, any county contractor specifically charged with regulating and selling animal licenses in the county of San Mateo and the town.

J. “Owner” - any person 18 years of age or older who:

1. holds the license to the animal; or

2. if the animal is not licensed, is legally entitled to possession of the animal; or

3. has exercised primary responsibility for the care of the animal for thirty or more consecutive calendar days.

K. “Person” – means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof.

L. “Severe injury” - any physical injury to a human caused by an animal attack that involves tooth derived muscle tears, disfiguring wounds or laceration(s), multiple bites requiring sutures, broken bones and/or requires corrective surgery.

M. “Service animal” - any animal defined as such by federal or state law.

N. “Vicious animal” - any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, which meets any or all of the following criteria:

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1. any animal that, at the time of the attack, is already designated as a dangerous animal and/or is the subject of a dangerous animal permit, and which is found to have engaged in any of the following:
a. behavior that results in bodily harm, or constitutes a substantial threat of bodily harm, to a person; or
b. an attack on another animal which results in an injury that is sufficient to require veterinary care, whether or not received.

2. any animal that inflicts severe injury to or kills a person.

3. any animal which cannot be safely maintained with a dangerous animal permit.

4. any animal designated by another governmental jurisdiction as, “dangerous”, “vicious”, or any other similar designation, if that prior designation is based on behavior which would meet the definition of vicious animal under this chapter, as determined by an animal control officer.

6.04.020 - Animal control program.

A. The animal control program is responsible for the enforcement of this chapter.

The duties of the animal control program shall include, but not be limited to, the following:

1. Provide animal control, sheltering services, and a rabies control program to carry out and enforce all provisions of this chapter and California Health & Safety Code section 121690, and keep such records as may be required by law or contract.

2. Enforce the provisions of this chapter and all applicable state and local laws relating to the care, treatment, and impounding of animals, and specifically to issue citations and to make arrests for violations of the provisions of this chapter and related state laws, to the extent authorized by law.

3. Impound animals found to be in violation of this chapter in the interest of protecting public health and safety.

4. Investigate animals pursuant to this chapter or applicable state law and, if deemed appropriate, designate any such animals as dangerous or vicious pursuant to this chapter.

5. Impound animals which are in imminent or ongoing danger, or which are in need of safekeeping in order to protect the health and safety of the animal.

6. Impound animals that are causing a threat to public safety.

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7. Where authorized under the law, to enter upon any premises upon which any animal is kept in order to seize or impound of any animal if reasonable cause exists to believe that such animal is being kept or has behaved in violation of the provisions of this chapter.

8. To remove and dispose of the carcass of any animal(s) found on any public right of way, except freeways or other areas maintained by Caltrans.

9. Quarantine animals under the direction of the county health officer to ensure public health and safety.

10. Euthanize and/or dispose of animal(s) humanely and in accordance with the law.

11. Place for adoption, when appropriate, properly impounded animals if such animals are not redeemed after due notice to known owners in accordance with the law.

12. Provide and hold vaccination clinics in strategic locations throughout the county pursuant to Health and Safety Code section 121690.

13. Provide or make available at low cost, spay/neuter surgeries to dogs, cats, and rabbits.

14. Provide for issuance of an animal license for a period not to exceed the term of the anti-rabies vaccination, as provided by state law.

15. To collect any fees or charges provided for in this chapter for the licensing, impounding and/or keeping of any animal, or for the enforcement of this chapter.

B. Animal control officers qualified under Penal Code section 830.9, who are either employees of the county designated as such by the county, or employee(s) of and designated as such by a society for prevention of cruelty to animals or humane society which has contracted with the county to provide animal control services, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants to the maximum extent allowed by law, for violations of state and local animal control laws. Animal control officers shall have the authority provided by state law including, but not limited to, that described by Penal Code section 830.9. Animal control officers must complete Penal Code section 832 training.

C. Those employees of a society for prevention of cruelty to animals or humane society under contract with the county to provide animal control services, who have been appointed and qualify as humane officers under California Corporations Code section 14502, or its successor statute, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants, to the maximum extent allowed by law, for violations of state and local animal control laws.

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D. The town may contract for animal control services to be performed by the animal control program.

6.04.030 - Rabies vaccinations.

A. Every dog or cat owner shall ensure their animal is vaccinated for rabies by a licensed veterinarian in the manner prescribed or approved by state law and the State of California Department of Public Health, after the dog or cat attains the age of three months of age and/or within ten calendar days of acquiring an unvaccinated animal. This vaccination shall be obtained prior to issuing a license for the dog or cat. In addition, proof of vaccination shall be provided by the owner or veterinarian to the licensing program or the county’s animal control contractor.

B. Every veterinarian who vaccinates or causes or directs to be vaccinated in the town any dog, or cat with rabies vaccine shall certify that such animal has been vaccinated. Every veterinarian shall submit to the licensing authority a copy of the county-approved rabies vaccination form, within ten calendar days of the beginning of each month, for any dog or cat which they vaccinate or direct to be vaccinated with anti-rabies during the previous month. An animal control officer or animal licensing staff shall have the right to inspect records of rabies vaccinations during normal business hours.

C. Upon receipt of a written request from a licensed veterinarian to exempt a microchipped pet from receiving a one or three-year vaccination, for medical reasons, the county health officer and/or designee shall review the basis for the request for exemption and approve or/deny said request.

6.04.040 - Dog and cat licenses.

A. Licensing requirements for dogs and cats shall be as follows:

1. An annual license shall be obtained, and an annual license fee shall be paid by the owner for every dog or cat over the age of three months owned or kept in the town. Said annual license fee shall be first due when the animal reaches three months of age or within sixty calendar days after the dog or cat is acquired, and due on the expiration date of the rabies vaccination and each year thereafter.

2. New residents shall have sixty calendar days in which to acquire such license.

3. Persons renewing their license shall have thirty calendar days following their due date before being found delinquent and assessed a late penalty.

4. The fee for such license shall be as set forth in section 6.04.350 of this chapter. The fee paid for the licensing of altered dogs and cats shall be less than said license fee for unaltered cats or dogs upon presentation of the proper certification. The license fee paid by persons over the age of 60 shall be at a discount.

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5. An owner may obtain a three-year license for a cat or dog by submitting to the licensing program adequate proof of a three-year rabies vaccination of the animal to be licensed and payment of the applicable fees, as set forth in section 6.04.350 of this chapter.

6. Any person who fails to pay such license fee after said fee is due or said dog or cat is required to be licensed, in addition to paying any past due license fee(s), may also be required to pay a late fee in accordance with Section 6.04.350 of this chapter or may receive an administrative citation.

7. A license shall be obtained, but no license fee shall be payable, by the owner of any dog being raised, trained or used as a service animal, or for dogs that have served as a member of the armed forces of the United States of America, or any dog used by a local law enforcement agency for the purposes of law enforcement.

8. Animals with microchip implants or other permanent identification acceptable to the animal control program are not exempt from the mandatory licensing requirements.

B. The licensing provisions in this chapter are not applicable to the following:

1. Dogs or cats used for diagnostic purposes or research, the use having been approved by the California State Department of Health Services pursuant to section 1666 of the Health and Safety Code.

2. Dogs or cats used for teaching purposes in recognized educational institutions.

3. Dogs or cats owned by veterinarians licensed by the State and kept on the premises used by said veterinarians in their practice.

C. Tags for dogs and cats shall be issued as follows:

1. The licensing program shall procure and, when licensing fee is paid, issue a lifetime tag which shall bear the number of the license. A record shall be kept with the name of the owner together with a description of the dog or cat for which the license is issued and the number of the license, and a tag shall be provided to such person upon payment for such license as provided by this chapter.

2. Whenever a tag has been lost or stolen, the owner of the animal may request a duplicate tag upon payment of the required fee.

3. The owner of a licensed dog or cat shall affix such tag to a suitable collar, which collar shall remain on the dog or cat at all times.

4. When an animal has been designated as a service animal, the owner may obtain a lifetime service tag and shall be required to follow the requirements in section 6.04.030 subdivision (A). Said tag will replace a regular dog license.

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5. The owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold, adopted, or given away shall keep a permanent record of the name, address, and phone number of the purchaser of any dog or cat, along with the breed, color, sex, and age of each animal sold, adopted, or given away and shall forward such information to animal control services within thirty calendar days thereafter.

An animal control officer, county or town representative, or employee of the county’s animal control contractor shall have the right to inspect such records during normal business hours, with forty-eight hours prior notice to the owner or operator.

6.04.050 - Public protection from dogs.

A. No owner or possessor of a dog shall cause or allow such dog to bite, or physically threaten or harass any person unless necessary to protect the physical safety of a person.

B. Every owner or possessor of a dog shall prevent such dog from causing injury to another animal while such animal is lawfully upon public or private property. The failure of the owner of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack.

C. No owner or possessor of a dog shall command or provoke such dog to attack, sic or threaten a person unless such action is necessary to protect the physical safety of a person.

D. No owner or possessor of a dog that resides in another county and is found to have violated this section shall thereafter allow such dog to be brought into San Mateo county unless the dog is fully enclosed in a vehicle and passing through to another location without stopping at any public or private premises within the county.

6.04.060 - Prohibited conduct.

No owner or other person having care, custody or control of any animal shall cause or permit it to do any of following:

A. To be upon any public street, sidewalk, park, school ground, any public property, or upon any unenclosed premises in the town unless:

1. the animal is properly licensed, if such licensing is necessary hereunder; and

2. the animal is controlled by a chain, lead rope, or leash, which is connected to the animal’s collar, saddle, harness, or halter. This latter requirement is not applicable to cats, or to service animals under the complete control of the owner or caretaker.

An electric or invisible fence does not constitute an enclosure for the purposes of this requirement.

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B. To trespass upon any private property without the consent of the owner thereof, and to knowingly permit the animal to remain upon the property, or to habitually continue to trespass thereon.

C. To suffer or permit such animal to habitually bark or meow or otherwise act to disturb the peace of any citizen or to be a public nuisance.

D. To be without proper and adequate food, water, shelter, care, and attention.

E. No person shall possess within the town any animal designated by another jurisdiction as “potentially dangerous”, “dangerous”, or “vicious,” or other designation based on the animal’s potential danger to humans and/or animals, without previously notifying animal control and receiving express written permission from the animal control manager for the animal’s presence or residence in the town. A failure to receive prior permission is in itself a sufficient basis for an animal control officer or peace officer to seize and impound such animal.

F. Subsection (A)(2) of this section shall not be applicable to cats.

6.04.070 - Protection of animals in motor vehicles.

A. No person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of said animal due to heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death of said animal.

B. An animal control officer, humane officer or peace officer may remove an animal from a motor vehicle if the animal’s safety reasonably appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. An animal control officer, humane officer or peace officer is authorized to take all steps that are necessary for the removal of such animal from the motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort has been made to locate the owner or other person responsible.

C. If an animal is removed from a motor vehicle as set forth herein, the removing officer shall, if deemed necessary by the officer, take it to an animal shelter, veterinary hospital, or other place of safekeeping.

D. An animal control officer or peace officer who removes an animal from a motor vehicle shall, in a conspicuous location on or within the motor vehicle, leave written notice bearing their name and office, and the address of the location where the animal can be claimed. The animal may be released to the owner only after payment of all fees that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.

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E. Nothing in this section shall preclude prosecution under both this section and California Penal Code section 597 or any other provision of state or local law.

6.04.080 - Release from confinement.

No person other than the owner, or person authorized by the owner of the animal shall release any animal from any confinement, vehicle, or restraint unless such release is necessary for the immediate health and safety of the animal. This section shall not apply to animal control officers, humane officers, and/or peace officers.

6.04.090 - Declaration of dangerous animal.

A. No person shall knowingly keep, have, maintain, sell, trade, or let for hire an animal designated as dangerous under this chapter without obtaining a dangerous animal permit from the animal control officer. The animal owner shall comply with all conditions of the dangerous animal permit including, but not limited to, all requirements of section 6.04.100 of this chapter. Any animal which is determined to be dangerous under this chapter and for which a permit has not been obtained shall be surrendered to an animal control officer, peace officer, or a county animal control contractor agency for appropriate disposition, which may include humane euthanasia.

B. In determining whether or not an animal shall be designated as dangerous, the animal control officer, peace officer, or hearing officer may consider any relevant facts and circumstances, including but not limited to:

1. the alleged attacking animal’s prior history.

2. the alleged attacking animal’s owner(s) ability to comply with this chapter, and/or compliance with any prior dangerous animal permits held by the alleged attacking animal’s owner(s).

3. whether any of the animals involved were previously deemed by a governmental jurisdiction as “potentially dangerous, “dangerous”, “vicious” or any other similar designation.

C. In determining whether or not an animal shall be designated as dangerous, the animal control officer, peace officer, or hearing officer, may consider the following mitigating factors:

1. Whether at the time of the injury, attack or molestation, the person or animal suffering the injury, attack or molestation:
a. provoked, tormented, teased, abused or assaulted the animal, thereby causing or contributing to the alleged behavior; b. committed a willful trespass or other tort upon the private property of the owner or caretaker of the animal in the presence of the animal;

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c. threatened or committed an unjustified attack or assault against the owner, caretaker or other person in control of the animal in the presence of the animal

2. Any other mitigating factor relevant to whether the animal poses a threat to public health or safety. The failure of the owner or person in control of a victim animal to have the victim animal on a leash shall not, in itself, constitute a mitigating factor in any attack.

D. The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as a dangerous animal, as long as sufficient evidence exists to support the designation.

E. In the event that an animal control officer or peace officer determines it necessary to protect the health or safety of the public, or of any animal, they may immediately impound any animal according to the procedures set forth in this chapter.

F. If an animal control officer or peace officer has investigated and determined that an animal is dangerous, the animal control officer or peace officer shall deliver written notice of such determination to the owner of the animal pursuant to section 6.04.260.

G. Should the owner of the animal wish to contest the dangerous animal designation, the owner may request a hearing, which hearing shall be conducted according to the procedures set forth in section 6.04.150 of this chapter. The owner shall submit a written request for a dangerous animal hearing to the animal control officer within seven calendar days of the written notification by the animal control officer and/or peace officer that the animal has been declared dangerous.

1. Should the animal owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the dangerous animal designation will be final, and the animal owner shall obtain a dangerous animal permit within seven calendar days of the written notification that the animal has been declared dangerous.

2. If the animal owner requested a hearing and the hearing officer confirms the determination that the animal is dangerous, the owner must obtain the dangerous animal permit and meet the conditions required by such permit, within seven calendar days of notice of such decision, unless the time is extended by an animal control officer.

3. If an animal is designated as dangerous, but the owner fails to obtain a dangerous animal permit within the required timeframe, the animal will be deemed abandoned, and will be subject to disposition as deemed appropriate, including potential euthanasia by the county’s animal control contractor, at the discretion of the animal control officer, peace officer or town or county representative. If not already impounded, the animal will be promptly impounded. The owner of the animal shall be responsible for

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all costs of impoundment of the animal incurred prior to such abandonment.

H. If after investigation by an animal control officer or peace officer, that officer determines that the animal is not dangerous, the victim or an owner of a victim animal may appeal that determination, within seven calendar days of notice of the decision given pursuant to section 6.04.260, by submitting to the animal control officer or peace officer a written request for a hearing and paying the required fee. The animal control officer or peace officer shall prepare a written report documenting its reasons for determining the animal not dangerous and shall include evidence it has considered for and against the designation in its report. The hearing shall be conducted according to the procedures set forth in section 6.04.150 of this chapter.

I. No animal designated by the town as a dangerous animal may be transferred to a new place of residence or to a new owner or caretaker without prior written approval of the animal control program manager. Prior to the relocation, a written request for the relocation must be delivered to the animal control program manager and the county’s animal control contractor, if any, at least thirty calendar days prior to the relocation.

J. If an animal control officer declares an animal as dangerous which has already been declared potentially dangerous or dangerous by another jurisdiction located outside of the county of San Mateo, the owner of such animal must obtain and comply with a dangerous animal permit at least seven calendar days prior to moving the animal into the county. The animal shall not reside anywhere in the county of San Mateo until the dangerous animal permit has been issued by the animal control program and the owner meets the conditions of said permit.

K. A permit issued under this section is subject to renewal annually. An annual inspection of the location where the animal resides will be performed by an animal control officer. Inspections may occur at any reasonable hour and will occur at least annually. The fee for such permit and inspection shall be as set forth in section 6.04.350 of this chapter. Fees shall not be refundable. If the registered owner fails to pay the permit fee and/or comply with the requirements of the permit within ten calendar days of the annual inspection date, the permit may be revoked and the animal may be impounded for appropriate disposition, as determined by an animal control officer, peace officer, county contracted agency or town designee, including humane euthanasia.

L. A dangerous animal designation is a designation that remains with that animal for its lifetime, unless terminated as provided by this subsection. A dangerous animal designation may be terminated if all of the following criteria have been met, as determined by an animal control officer or peace officer and the animal control program manager and/or town designee:

1. The owner has complied with all dangerous animal permit requirements for a period of three years and the animal has not been found to have committed any violations of the requirements of the permit, or of this chapter, or any other applicable animal control laws, for the duration of that period.

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2. The animal has remained current on all rabies or similar required vaccinations and has remained current on its licensing and paid all fees for the duration of the three year period.

If an animal owner disputes a finding that the dangerous animal designation will not be terminated, the animal owner may request an administrative hearing to be held according to the procedures set forth in section 6.04.150 of this chapter.

6.04.100 - Dangerous animal permit requirements.

A. Any owner of a dangerous animal shall ensure compliance with the following rules and regulations which shall be mandatory requirements for any dangerous animal permit:

1. When the animal is off the property of its owner, ensure that the animal is not kept upon any unenclosed premise unless said animal is leashed and muzzled with a cage or basket muzzle, or any other muzzle approved by the animal control officer. The leash shall not exceed four feet in length and having a minimum tensile strength of three hundred pounds and shall be under the direct control and supervision of the owner or a person of such age, size, and strength as can easily control such animal.

Extraordinary care shall be taken by the owner and/or caretaker to ensure that such restraint is sufficient to control the animal in a manner which it will not endanger other persons or animals.

2. Ensure said animal is never kept on any unenclosed premises even if tethered, tied or staked.

3. Ensure said animal is kept in a fenced yard, kennel, dog run or other enclosure, sufficient to prevent the escape of the animal or entry of young children, as approved by the animal control officer or peace officer. An electric or invisible fence is not an acceptable means of enclosure for the purpose of this requirement.

4. Maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter person, or other person who has the lawful right to enter the property.

5. Ensure that all structures used to confine the animals are locked with a key or combination lock when such animals are within the fenced yard, kennel, run or enclosure.

6. Regularly inspect the fenced yard, kennel, dog run or enclosure to ensure that it is secure to maintain the animal and keep young children out.

7. Allow inspections by any animal control officer or peace officer at any reasonable hour of the premises or premises upon which the animal is maintained.

8. Pay permit and property inspection fees as set forth in section 6.04.350 of

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this chapter within ten calendar days of the permit issuance or renewal.

9. Obtain and post approved sign(s) from the animal control program after payment of a non-refundable fee as set forth in section 6.04.350 of this chapter. Sign(s) shall be conspicuously posted in a manner visible to the public at all entrances to the property where the animal is kept, warning persons of the presence of a dangerous animal as directed by the animal control officer or peace officer. Such sign(s) must be surrendered in the event of the revocation of the permit, death of animal, or approved relocation of the animal.

10. Advise all members who reside in the same household and on the same premises of the conditions established by the permit for keeping or maintaining said dangerous animal.

11. Ensure said animal wears, at all times, a separate dangerous animal tag issued by the animal control program in addition to complying with license requirements as defined in section 6.04.040 of this chapter.

12. Ensure said animal be microchipped and inform the animal control officer with the microchip number within thirty calendar days from the date the dangerous animal permit was issued.

13. Within forty-five calendar days from the date the dangerous animal permit was issued, unless this period is extended by the animal control program manager or town representative at their sole discretion, said animal shall be spayed or neutered by a California licensed veterinarian, at owner expense, and within those forty-five days, the owner shall also present written proof to the animal control officer that the surgery was performed.

In the event an animal cannot be safely altered, due to a medical reason, the owner shall present the animal control program manager and animal control officer with a written request from a California licensed veterinarian stating the medical reason(s) that the animal should not be altered. The county health officer or designee will approve or deny the request. If said request is denied, the animal shall be altered by a California licensed veterinarian within fifteen calendar days from the date of notification that the request was not approved, and within those fifteen calendars days provide such written proof to the animal control officer that the surgery was performed.

14. Notify an animal control officer and the animal control program manager of the animal's death within twenty-four hours and produce the animal's body for verification upon request.

15. Notify an animal control officer and the animal control program manager immediately in the event the animal becomes lost, stolen, or escapes from its fenced yard, kennel run, or enclosure.

16. Pay all reoccurring of additional fees within ten calendar days of service of the invoice or annual permit. Non-payment of fee may result in the permit being revoked unless a payment plan has been approved by the county

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or town.

17. Comply with all other permit conditions or requirements imposed by an animal control officer, peace officer, or hearing officer pursuant to this chapter.

18. Comply with all local and state laws regarding the care, use, control, and maintenance of animals.

B. Any owner of a dangerous animal shall ensure compliance with the following additional requirements, if directed to do so by an animal control officer, peace officer and/or hearing officer:

1. Prove financial responsibility by posting a bond or certificate of insurance for an amount of three hundred thousand dollars ($300,000) per animal within thirty calendar days from the date of the dangerous designation.

Bond or certificate of insurance will be provided to the animal control program manager annually prior to expiration of said bond or certificate.

2. Provide private behavioral and obedience training to the animal, at the owner’s expense and within the time set forth by the hearing officer or an animal control officer following the issuance of a dangerous animal permit.

Proof of participation, a report of behavioral assessment, and/or a certificate of satisfactory completion from an animal behaviorist or organization approved by an animal control officer shall be provided to the animal control officer and animal control program manager within seven calendar days following the completion of the mandatory training, but not more than ninety calendar days from the date of the dangerous designation.

3. Comply with any other permit requirements determined to be reasonably necessary to protect the public’s health or safety and/or the health or safety of other animals.

C. No more than two dangerous animals may be kept by any person(s) at any one household, residence, business, or other location, without prior written approval of the designee of the county or town.

6.04.110 - Revocation or modification of dangerous animal permit.

A. Any dangerous animal permit issued pursuant to this chapter may be revoked or modified by the inclusion of additional requirements or otherwise, if the animal control officer or peace officer has reasonable cause to believe any of the following to be true:

1. The dangerous animal owner or any person to whom the owner has given care, custody, or control of the animal has violated any local or state laws relating to the keeping, care or use of any animals.

2. The owner or any person to whom the owner has given care, custody, or control of the animal has violated any dangerous animal permit

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conditions, or any requirement imposed by the animal control officer, peace officer, or hearing officer.

3. The owner or any person to whom the owner has given care, custody, or control changed the location of his/her residence or his/her place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued without first notifying an animal control officer as outlined in section 6.04.090.

4. The owner or any person to whom the owner has given care, custody or control of the animal has changed the residence or premises where the animal is maintained without first complying with the guidelines set forth in section 6.04.090.

5. The owner or any person to whom the owner has given care, custody, or control of the animal is unable or unwilling to comply with the conditions of the dangerous animal permit.

B. In the event that it is reasonably necessary to protect the public or an animal’s health and safety, the animal control officer or peace officer may impound or cause to be impounded the animal while an investigation is taking place.

C. If, after investigation, the animal control officer or peace officer concludes that there is probable cause to believe that one or more of the above conditions for revocation or modification of the permit has occurred, the officer shall deliver written notice of revocation or modification to the owner. Said notice shall specify the grounds of revocation or modification of the permit. Should the owner of the animal wish to contest the revocation or modification of the permit, the owner may request an administrative hearing to be held before a hearing officer, as designated by the animal control program manager, within seven calendar days of receiving the notice of revocation. Said administrative hearing date shall be not less than seven calendar days or no more than twenty calendar days after the date the request for hearing is received by the animal control manager. The administrative hearing shall be conducted as set forth in section 6.04.150 of this chapter. The hearing officer conducting the hearing may either modify the terms of the permit or revoke the permit.

Any party to the hearing has the right to appeal the administrative hearing decision to the San Mateo County Superior Court by filing a Petition for a Writ of Administrative Mandate pursuant to California Code of Civil Procedure sections 1094.5 and 1094.6.

D. Upon written notice by the animal control officer, peace officer, or hearing officer, if a hearing was held, if any modifications to a dangerous animal permit are made, the owner shall immediately comply with such modified permit requirements.

E. Upon written notice from an animal control officer, peace officer or hearing officer of the revocation of a dangerous animal permit, the owner of such animal shall within two calendar days of such notification, surrender said animal to an animal control officer. The dangerous animal shall be impounded and humanely

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euthanized unless the county designee or town designee has approved a different disposition. At the sole discretion of the appropriate town or county representative, such animal may be permanently removed from the county of San Mateo to another jurisdiction with written approval from that jurisdiction.

6.04.120 - Possession of animals after revocation of dangerous animal permit.

No Person who has been determined to be in possession of or had ownership of a dangerous animal for which a permit has been revoked under this chapter shall be granted any dangerous animal permit for a period of three years following such determination or revocation.

6.04.130 - Declaration of vicious animals.

A. No person shall keep, have, maintain, sell, trade, or let for hire an animal which has been designated as vicious under the provisions of this chapter.

B. If an animal control officer and/or peace officer has investigated and determined that an animal is vicious, the animal control officer or peace officer shall deliver written notice of such determination to the owner of the animal. Service of notice shall be made in accordance with section 6.40.260 subdivision (A) of this chapter. An animal control officer and/or peace officer shall immediately impound the animal, or cause to be impounded, the animal according to the procedures set forth in section 6.04.160 of this chapter. The animal shall be deemed abandoned and shall be humanely euthanized unless the county designee or town designee has approved a different disposition or unless the owner timely requests an administrative hearing.

C. In determining whether an animal shall be designated vicious, in addition to any other facts and circumstances of the incident(s), the applicable decision-maker may consider the following potentially mitigating factors:

1. Whether at the time of the injury, attack or molestation, the person or animal suffering the injury, attack, or molestation:
a. provoked, tormented, teased, abused, or assaulted the animal, thereby causing or contributing to the alleged behavior; b. committed a willful trespass or other tort upon the private property of the owner or caretaker of the animal; and/or
c. threatened or committed an unjustified attack or assault against the owner, caretaker, or other person in control of the charged animal.

The failure of the owner or other person in control of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack.

2. Whether the owner is willing and able to comply with the conditions of a dangerous animal permit, and whether the animal can be safely

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maintained on a dangerous animal permit considering the nature of the attack and cooperativeness and abilities of the owner.

D. The decision-maker may also consider, among any other relevant facts and circumstances, the following factors:

1. whether any of the animals involved were previously deemed by any governmental jurisdiction as, “dangerous”, “vicious”, or any other similar designation, and/or the animal owner’s prior compliance or lack thereof with any applicable dangerous animal permit requirements or this chapter;

2. the attacking animal’s history of attacks, bites or threatening behavior;

3. whether the animal demonstrated such aggressive behavior that it is reasonable to conclude that the animal cannot be safely maintained with a dangerous animal permit; and

4. whether the owner is unable or unwilling to comply with the conditions of a dangerous animal permit.

E. Should the owner of the animal wish to contest the vicious animal designation, the owner may request an administrative hearing to be conducted according to the procedures set forth in section 6.04.150 of this chapter. The owner shall submit a written request for a vicious animal hearing to the animal control officer within seven calendar days of the written notification by the animal control officer and/or peace officer that the animal has been declared vicious.

F. Should the owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the vicious animal designation will be considered final for purposes of exhaustion of administrative remedies, and the animal will be subject to disposition by the animal control officer, peace officer, or town or county designee. The owner shall lose all rights of ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a town and/or county designee, without further notice to the owner.

G. The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as vicious as long as sufficient evidence exists to support the designation.

H. If after investigation, an animal control officer and/or peace officer determines that the animal is not vicious, the officer will prepare a written decision upon request by any victim suffering physical injury or an owner of a victim animal, either of whom may appeal that determination. Any victim suffering physical injury as a result of the attack, or owner of a victim animal, may appeal the determination that an animal is not vicious by submitting, within seven calendar days of the service of the decision pursuant to section 6.04.260, a written request to the animal control officer for an administrative hearing and paying the required fee as set forth in section 6.04.350 of this chapter. The administrative hearing shall be conducted according to the procedures set forth in section 6.04.150 of this chapter.

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6.04.140 - Providing false information.

It shall be unlawful for a person to willfully and knowingly provide false or misleading information to animal control program staff, including but not limited to an animal control officer, peace officer, animal control program manager, and/or hearing officer regarding animal ownership, licensing, rabies vaccination, medical treatment and condition, and/or any other matter pertaining to the enforcement of state or local law.

6.04.150 - Administrative hearing procedures.

A. Administrative hearings held under this chapter shall be conducted by a hearing officer or designated representative appointed by the director or designee of the San Mateo county Health System. The hearings shall be scheduled no less than seven calendar days and no more than fifteen calendar days from the receipt of the request for the hearing unless the hearing officer finds good cause for continuance.

B. The animal control officer or peace officer conducting the investigation shall provide their investigation report and any evidence gathered by the officer to the animal control program manager or designee no less than 72 hours prior to said administrative hearing. The animal control program manager or designee will promptly provide the report to the parties to the case, including the owner of the subject dog and the owner of the victim dog.

C. The administrative hearing shall be conducted in an informal manner consistent with due process of law. Any party may be represented by counsel. The parties may present relevant evidence including witnesses. The strict rules of evidence shall not be applicable. Any relevant evidence, including but not limited to hearsay evidence, may be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely on in the conduct of serious affairs.

The hearing officer shall decide the matter based on preponderance of the evidence presented at the hearing. The administrative hearing shall be recorded, and all documentary evidence submitted at the administrative hearing shall be preserved by the animal control program manager for a period of no less than two years. Any party may arrange for a court reporter to be present. Any party desiring the presence of a court reporter shall make all necessary arrangements and shall be responsible for payment of all costs.

D. The hearing officer may exclude disorderly or disruptive persons from the hearing or make other orders as necessary to ensure the fair and orderly conduct of the administrative hearing.

E. The hearing officer may decide all issues for or against the owner(s) of the involved animal(s) even if the owner(s) fail to appear at the hearing.

F. Within seven calendar days of the administrative hearing, the hearing officer shall render a written decision, which shall be final for the purposes of exhaustion of administrative remedies upon the date of mailing. The animal control program manager or designee shall mail the written decision and affidavit/certificate of mailing showing the date of mailing, on behalf of the hearing officer, by first class

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mail, postage prepaid. The decision will be mailed to the owner of the alleged dangerous or vicious animal, the victim or owner of the victim animal, and the investigating animal control officer or peace officer.

G. If the animal is designated dangerous, the owner must apply for and obtain a dangerous animal permit as provided by this chapter within seven calendar days of the decision letter in order to maintain the animal and the owner must comply with all mandatory dangerous animal permit rules and regulations as defined in section 6.04.100 of this chapter. A hearing officer may impose additional permit requirements as set forth in this chapter.

H. If the animal is designated vicious, the owner of such animal shall lose all rights of ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a town and/or county designee, without further notice to the owner. An animal designated as Vicious will be held at the animal shelter for a minimum of seven calendar days from the date of the hearing officer's decision, prior to any proposed euthanasia.

I. Unless the hearing officer for good cause otherwise determines, the party requesting the administrative hearing is liable for all costs related to such hearing. A determination by the hearing officer that the animal is not dangerous or vicious shall constitute good cause.

J. Hearing officer decisions are appealable to the San Mateo County Superior Court by filing a Petition for Writ of Administrative Mandate pursuant to California Code of Civil Procedure sections 1094.5 and 1094.6.

K. The procedures and/or definitions pertaining to potentially dangerous and vicious dogs set forth in the California Food and Agricultural Code Chapter 9, beginning with section 31601, are not adopted and do not apply within the town. As authorized by Food and Agricultural Code section 31683, the town has adopted its own program for regulation of dangerous and vicious dogs as contained in this chapter.

6.04.160 - Animals to be impounded.

A. The animal control program may impound any animal kept or found under conditions that constitute a violation of this chapter or other state or local law.

The animal's owner shall be responsible for all costs incurred or fees applicable with respect to such impoundment and maintenance in the shelter.

B. An animal control officer or peace officer may impound or cause to be impounded an animal when there is reasonable cause to believe that such animal posed, or poses, a threat to the public’s health and safety, or the health and safety of another animal. The animal may remain impounded for a period not to exceed fifteen calendar days in order to investigate, and to determine whether or not said animal is dangerous or vicious as defined by this chapter. In calculating the fifteen calendar days, the first day of impoundment is not included. If an animal is not impounded within fifteen calendar days after an investigation began, the animal control officer or peace officer shall make a determination whether or not

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the animal is vicious or dangerous and shall notify the owner of said animal as soon as reasonably practical thereafter.

C. Within twenty-four hours of the impoundment of any animal, the impounding animal control officer shall serve the owner of the animal with notice of the impoundment.

D. No impounded animal may be redeemed unless and until any required license fee and/or other applicable charges and fees have been paid. In the event such animal is not redeemed within the time set forth by State law, it shall be deemed abandoned and may be adopted, transferred to a rescue, or disposed of in the manner determined by the animal control program. The animal control program shall issue to the owner or person responsible of the care, custody, and control of said animal a receipt showing an itemized description and the amount of the fee(s) paid.

E. The animal control program shall keep a record of all animals impounded, which record shall include a description of the animal, the date of its receipt, the date and manner of disposal, the name of the person redeeming, adopting, or purchasing, the fees, and/or charges related to the animal. Said records shall be kept for a period of seven years.

6.04.170 - Stray animals.

Any person who finds or picks up a stray or lost animal shall report the same to the animal control shelter within twenty-four hours thereafter and shall release such animal to the animal control shelter upon demand.

6.04.180 - Epidemics.

The San Mateo county health officer may determine and declare that rabies or other contagious diseases are epidemic or that other health and safety hazards exist among dogs or other animals within the town. Upon the making of such a declaration, the health officer shall prepare and promulgate such orders, rules, and regulations as are necessary for appropriate control of all the animals concerned within the town. Said rules and regulations of the health officer may include, but are not limited to, impoundment, quarantine, vaccination, or destruction.

It shall be the duty of the animal control officers to assist the health officer in carrying out such rules and regulations.

6.04.190 - Bite reporting requirements.

A. Any owner or other person who is responsible for the care, custody, or control of an animal that bites a human or other animal shall provide their name and current residence address and telephone number and shall present their driver's license or other form of identification and any information regarding any rabies vaccination for the biting animal to the person bitten or the owner of the animal bitten. If the person bitten is a minor, the owner or person in control of the biting

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animal shall provide the required information to the parent or guardian of the minor.

B. In addition to the above requirements, it shall be the duty of any person having knowledge of any animal which has bitten a human being or other animal within the town to immediately, in no case later than the end of the next calendar day, report the bite to an animal control officer or peace officer and to furnish as much information as possible, including date, time and location of bite, description of animal or person bitten, name and license number of the biting animal, and rabies vaccination history of the biting animal.

6.04.200 - Administrative citations.

A. Should an animal control officer, humane officer or peace officer determine that a person has violated any provision this chapter, that enforcement officer shall have authority to issue and serve notice of an administrative citation as set forth in section 6.04.260, to the person violating the chapter.

B. Each administrative citation shall contain the following information:

1. The name and address of the owner or other person to be cited.

2. The date(s) of the violation.

3. The address or a specific description of the location where the violation occurred.

4. The section, subsection, and/or provision of this chapter violated by the Person cited and a description of that violation.

5. A prohibition of the continuation or repetition of the violation described in the administrative citation.

6. If applicable a description of the potential consequence(s) should the violation continue or be repeated.

7. Either:
a. The amount of the administrative fine charged and to be paid by the person cited as a result of the violation; or
b. A notice to correct a certain violation within a reasonable time, and the amount of an administrative fine that may occur if the violation is not corrected or remedied by the date specified.

8. A description of the procedure to pay the fine, to include the time period for and place of payment, and the process by which the county or town may collect any unpaid amount owed.

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9. A description of the administrative citation review process, including the time within which the administrative citation may be appealed and how to appeal the administrative citation, including any form to do so.

10. The name and signature of the citing animal control officer, humane officer or peace officer or county or town designee.

C. An administrative citation may be any format, including letter, which conveys the information set forth above.

6.04.210 - Appeal of administrative citation.

A. A recipient of an administrative citation may contest the citation including, but not limited to, on the basis that the underlying violation did not occur, or that recipient is not the party responsible for the violation and thus was the improper recipient of the administrative citation. The recipient must contest the citation on the form provided by the animal program manager or animal control officer and file the appeal with the animal control program manager within twelve calendar days from the date of service of the administrative citation. Any appeal not timely filed will be rejected.

B. The appeal shall contain the following provided by the person appealing the citation:

1. The name, mailing address, and telephone number of the party requesting the appeal;

2. A copy of the administrative citation or a reference number thereto;

3. A statement of the grounds for the contest, including a description of the evidence to be presented in support of the contest and copies of any statements or documents to be submitted at the hearing in support of the appeal.

4. The signature of the appealing party;

5. A deposit of the fine assessed as set forth in the citation(s), to be refunded if the appeal is successful.

C. Should an appeal be properly and timely requested, the requesting party shall be provided a hearing before a hearing officer to be held pursuant to the procedures set forth in section 6.04.150 as applicable. The animal control program shall notify the person requesting the appeal hearing of the time and place set for the hearing pursuant to section 6.04.260.

6.04.220 - Payment of administrative fines.

A. In the absence of an appeal by the recipient of the administrative citation, the person cited shall pay the administrative fine in full within thirty calendar days from the date of service of the notice of citation. In the event of an appeal, after which the violation is upheld, if not already paid, the fine shall be paid in full

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within ten calendar days after the date that the decision of the hearing officer was served on the recipient.

B. Payment of any fine shall not excuse the failure to correct the violation, nor shall it bar further enforcement of the same or any similar violation or any other violation by any applicable means.

C. Failure to pay any fines assessed within the guidelines set forth in this chapter will result in a late charge pursuant to section 6.04.230, which will be collected by the animal control program manager.

6.04.230 - Amount of administrative fines.

A. Any person issued an administrative citation for a violation of, and pursuant to, this chapter shall be assessed and pay a fine as follows:

1. One hundred dollars ($100) for a first citation.

2. Two hundred dollars ($200) for a second citation for the same violation within a one-year period.

3. Five hundred ($500) for each additional citation for the same violation within a one-year period.

6.04.240 - Misdemeanor violations.

A. A person violating any provision of this chapter shall be guilty of an infraction except as otherwise specifically provided.

B. A person violating any provision of section 6.04.050, subsection (A) of section

6.04.090 or subsection (A) of section 6.04.130 of this chapter shall be guilty of a misdemeanor.

C. This section shall not limit any other available criminal, civil or administrative remedies. Any or all applicable remedies shall remain available for violation of the provisions of this chapter.

6.40.250 - Violation of chapter a public nuisance; remedies cumulative.

A. Violation of this chapter is a public nuisance subject to any and all applicable civil, administrative, and criminal remedies, according to the provisions and procedures set forth in this chapter and other applicable state and local law.

B. This section is not intended to limit any other available criminal, civil or administrative remedies. Any or all applicable administrative, civil and/or criminal remedies shall be available for violation of the provisions of this chapter.

C. Each day a violation continues shall constitute a separate violation.

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6.40.260 - Service of documents and notices.

A. Unless otherwise specified herein, the appropriate representative of the animal control program shall provide any required notice or service of documents in the one of the following manners: (1) by personal delivery to the person to be notified or served; or (2) by posting on the property at the address where the subject animal is licensed or the owner of such animal resides; or (3) by depositing in the United States Mail, in a sealed envelope, first class postage prepaid, and addressed to such person to be notified or served at their last-known business or residence address or as the same appears in the last equalized county assessment roll. Service by mail shall be deemed complete at the time of deposit in the United States Mail receptacle and shall include a declaration or affidavit of service which shall include notice of the date mailed. If agreed in writing by the person to be served, notices or documents may be served electronically at the address provided by the person to be served, to be effective upon being sent.

B. Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder.

6.04.270 - Field return fee.

A fee shall be charged for any animal impounded by a representative of the animal control program and returned by an animal control officer in the field to the owner or person who is responsible for the care, custody, or control of the animal. The fee charged shall be paid by the owner or person who is responsible for the care, custody, or control of said animal. Such fee shall be set forth in section 6.04.350.

6.04.280 - Redemption and spay/neuter fee.

A. Upon redemption of any impounded unaltered animal, the person responsible for the care, custody or control of any animal will be required to pay a spay or neuter fee as set forth in section 6.04.350 in addition to the impound fees imposed under section 6.04.350 of this chapter. Such fee shall be refundable upon proof of spay and neuter of the animal within thirty calendar days following the date of redemption.

B. Any unaltered animal impounded twice or more within a three-year period shall be altered at a cost to be paid by the owner/caretaker or person responsible for the care, custody, or control of said animal prior to redemption. At the option of the owner/caretaker or person responsible for the care, custody, or control of said animal, required spaying or neutering may be performed by a private veterinarian within thirty calendar days.

C. Any owner or caretaker of an impounded animal subject to mandatory spay/neuter under subsection (B) of this section may appeal this requirement by submitting a written request for an administrative hearing to the animal control program manager. The administrative hearing will be conducted according to the provisions of section 6.04.150 of this chapter.

D. The animal control program manager may waive any county or town fee for county or town spay/neuter, vaccination or impoundment of an animal, if the

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animal is a feral or stray cat and the person bringing the animal to the shelter agrees that the person shall have no rights in the animal or any right to direct or control treatment or disposition of the animal by the animal control program which will retain sole discretion in determining the disposition of the animal, which may include but not be limited to treatment and/or adoption, or euthanasia.

6.04.290 - Quarantine fee.

A quarantine fee, as set forth in section 6.04.350, shall be paid by the owner or caretaker of any animal involved, or potentially involved, in a bite. Such quarantine fee is in addition to any other fees charged as set forth in section 6.04.350 of this chapter to recover costs incurred by the animal control program for the sheltering and caring for the quarantined animal.

6.04.350 - Fees and charges.

No animal shall be released to its owner, or other person responsible for the care, custody, or control of the animal, unless applicable fees for the animal control program and licensing program have been paid.

A. Animal control and licensing fees and charges shall be those fees and charges as adopted in section 6.04.350 of the San Mateo county Ordinance Code, and as from time to time amended by the county.

B. Miscellaneous fee provisions

1. The animal control program, and/or licensing program, may establish license discounts for recognized animal rescue organizations.

2. License fees include a one dollar ($1) annual surcharge on all licenses for the animal population trust fund.

3. At the discretion of the animal control program manager, a payment plan for all fees outstanding may be permitted upon a showing of good cause.

If a person is in compliance with an agreed upon payment plan, their outstanding balance shall never be considered “nonpayment” as that term is used in this chapter.

4. The animal control fees for any animal related service not specified in this section shall be reviewed by the chief of health or their designee for reimbursement of costs. The chief of health or their designee shall have the authority to determine the fee charged for said services. The fee charged shall be paid by the owner or caretaker of the animal(s) for which said service(s) have been provided.

5. Each calendar year, the animal control program manager shall designate one month as an amnesty period for payment of cat and dog license late fees and for compliance with section 6.04.020 of this chapter, as provided herein. During the amnesty period, applicants for cat and dog licenses shall not be assessed any late penalty fee or any other penalty for failure to obtain such license or pay any applicable license fee, notwithstanding sections 6.04.040 and 6.04.350 of this chapter.

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6. All revenue derived from the fees, fines, forfeitures, and penalties related to the enforcement of this chapter shall be used to offset the cost of enforcement and administration of this chapter.

7. If the animal control program manager determines that payment of any fees by the owner or caretaker for an impounded animal would cause extreme financial difficulty to the owner or caretaker, and that it is in the best interests of the county or town to allow release of the animal upon these terms, the animal control program manager may, at their discretion, set up a payment plan or waive all or part of the fees incurred for the animal.

2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The Town Council hereby finds that adoption of this Ordinance is not subject to the provisions of the California Environmental Quality Act (“CEQA”) under the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378), because it has no potential to result in physical change to the environment. Moreover, the Town Council finds that even if adoption of this Ordinance were otherwise subject to CEQA, it would be exempt pursuant to CEQA Guidelines Section 15061(b)(3) (common sense exemption).

3. SEVERABILITY. If any part of this ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or the applicability of this ordinance to other situations.

4. EFFECTIVE DATE AND POSTING. This ordinance shall become effective 30 days after the date of its adoption and shall be posted within the Town in three public places.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

ATTEST APPROVED
___________________________ ___________________________ Town Clerk Mayor

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APPROVED AS TO FORM
___________________________
Town Attorney
1728665.3

1 AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND

THE CITIES OF ATHERTON, BELMONT, BRISBANE, BURLINGAME,

COLMA, DALY CITY, EAST PALO ALTO, FOSTER CITY, HALF MOON BAY,

HILLSBOROUGH, MENLO PARK, MILLBRAE, PACIFICA, PORTOLA

VALLEY, REDWOOD CITY, SAN BRUNO, SAN CARLOS, SAN MATEO,

SOUTH SAN FRANCISCO, AND WOODSIDE FOR FACILITATION AND

COORDINATION OF ANIMAL CONTROL SERVICES

THIS FACILITATION AND COORDINATION OF ANIMAL CONTROL
SERVICES AGREEMENT, hereinafter called “Agreement”, entered into this first day of July, 2021, by and between the COUNTY OF SAN MATEO, hereinafter called “County,” and Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside, each hereinafter individually called a “City” and collectively called the “Cities”;

WITNESSETH
WHEREAS, the Cities have passed and are responsible for enforcing local ordinances governing the regulation, licensing and impounding of certain animals within the territorial limits of the Cities; and WHEREAS, the Cities and County, hereinafter collectively called “Parties”, wish to enter into a written agreement for animal care and control, shelter services, and animal licensing, in which the County agrees to facilitate provision of and the Cities agree to reimburse the County for the costs of specified animal care and control, shelter services, and animal licensing hereinafter set forth, as they have done for over 70 years with the current Agreement expiring on June 30, 2021; and
WHEREAS, in order to facilitate coordinated countywide system of animal care and control, shelter services, and animal licensing as desired by Cities, County is agreeable to facilitating the provision of such services on the terms and conditions as hereinafter set forth; and
WHEREAS, the Cities desire the County facilitate and coordinate animal control and licensing on a countywide basis on behalf of the Cities and County for a term of 5 years ending on June 30, 2026; and
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2 WHEREAS, such agreements are authorized and provided for by Section 51300, et seq. of the California Government Code and under the Parties respective police powers.

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES
HERETO AS FOLLOWS:

1. Exhibits and Attachments
The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A— Contract Areas
Exhibit B— Proportionate Share of Cost
Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA
Attachment 2 - Agreement between County of San Mateo and PetData Inc.

Attachment 3 - Memorandum of Agreement Regarding Funding For Construction Of An Animal Care Shelter

2. Definitions

2.1 Administrative Costs: The actual costs, including, but not limited to, salaries, benefits, dispatch, and equipment maintenance, incurred by the County to administer the Animal Control Program and Animal Licensing Program as outlined in this Agreement in an effort to facilitate a coordinated countywide system.

2.2 Animal Control Contractor: The contractor selected as set forth in Section 5.2 of this Agreement, which is specifically charged with providing services and enforcing laws relating to h animal care and control, shelter services and animal licensing within the territorial limits of the County and the Cities and pursuant to the terms of this Agreement.

2.3 Animal Control Program: The program within the Health System of the County, or County’s designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal control within the territorial limits of the County.

2.4 Animal Control Services Agreement or Services Agreement:

Agreement in which the Animal Control Contractor agrees to perform on behalf of Parties and the County agrees to compensate, using County and City funds, the Animal Control Contractor for performance of certain ATTACHMENT 2 Page 65 of 285
3 specified animal care, animal control, and shelter services as provided for in this Agreement.

2.5 Animal Licensing Contractor: The contractor as set forth in Section

5.2 of this Agreement, which is specifically charged with administering and enforcing laws dealing with animal licensing within the territorial limits of the County and the Cities and pursuant to the terms of this Agreement.

2.6 Animal Licensing Program: The program within the Health System of the County, or County‘s designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal licensing within its jurisdiction.

2.7 Animal Licensing Services Agreement: Agreement in which the Animal Licensing Contractor agrees to perform on behalf of the Parties and the County agrees to compensate, with County and City funds, Animal Licensing Contractor for performance of certain specified animal licensing services as provided for in this Agreement.

2.8 City or Cities: Any or all of the cities listed in Exhibit A, attached and incorporated by reference herein.

2.9 Holidays: Federally designated holidays with the addition of Easter and exclusion of Columbus Day, in accordance with the Animal Control Contractor’s and Animal Licensing Contractor’s existing labor contracts.

2.10 Impounded Animal: An animal that has been picked up by Animal Control Contractor, other public employee or officer, or by a private citizen and deposited at the County animal shelter.

3. Each City’s Responsibilities

3.1 Delivery of Animals. Any animal taken into custody by an employee or officer of the County or an employee or officer of a City shall be delivered to the Animal Control Contractor at the County animal shelter or held in a humane way at a designated holding area until it can be picked up by Animal Control Contractor.

3.2 Uniform Ordinances and Citation Authority. This Agreement is based on an expectation that each City will adopt and maintain animal control ordinance(s) which are substantially the same as the provisions of Chapters 6.04, 6.12, and 6.16 of Title 6 of the San Mateo County Ordinance Code, as they currently exist or maybe amended by County from time to time, to be effective within each City’s territorial limits. The ATTACHMENT 2 Page 66 of 285
4 fee schedule adopted by each City shall be the same as outlined in Chapter 6.04.290, as may be amended by County from time to time, of the San Mateo County Ordinance Code, hereinafter “County Ordinance”.

City acknowledges that the County plans to amend its animal control ordinances, with the goal for adoption within the next twelve (12) months.

Enforcement of provisions of any City’s ordinance to the extent that it differs substantially from the County Ordinance, as amended by County from time to time, and results in an increase to Animal Control Contractor’s costs, shall be reimbursed directly by the City requiring additional services, as negotiated between the City requiring additional services and the Animal Control Contractor. Provision of services under the Animal Control Services Agreement shall take priority over such additional services provided separately pursuant to this Section.

3.3 Designation of Animal Control & License Revenue Collector. Each City hereby designates the Health System of the County or County’s designated contractor as the entity authorized to collect, at Cities’ cost, animal control and licensing revenue on the part of each City.

3.4 Permits for Public Events. Each City shall request input from the Animal Control Contractor prior to issuing permits for public exhibitions and events which include animals. The Animal Control Contractor is entitled to recover costs directly from the City in which exhibition or event will be located which relate to staffing that may result during or after the exhibition or event. Such costs will be collected by the Animal Control Contractor based on a fee schedule approved by the City in which the event is taking place, or as agreed between the Animal Control Contractor and the individual City. Any agreement with the Animal Control Contractor will require expeditious review of permits and input to the City. The provisions of this paragraph do not apply to public exhibitions and events where the only animals included in such events are anticipated to be service animals or police dogs.

3.5 City Liaison. Each City shall designate a representative to act as a liaison for animal control and licensing administration and enforcement issues for when County requests input from the City. If no contact person is designated, the City contact person shall be the City Manager.

3.6 Defense of Dangerous/Vicious Animal Determinations, Spay/Neuter Requirements, and Service Animal Designations.

Parties acknowledge that each City is and will remain solely responsible for arranging and conducting hearings under its Dangerous and Vicious ATTACHMENT 2 Page 67 of 285
5 Animal, Spay/Neuter, and Fancier Ordinances, including but not limited to providing hearing officers and a location for the hearings. The cost to hold the hearing will be the sole responsibility of each City and collection of the hearing fee, based on the City’s fee ordinance, will be collected and retained by the City.

However, the Parties agree that, at a City’s option and for its convenience, a City may utilize County offices and/or the services of the County hearing officers for purposes of conducting Dangerous/Vicious Animal Hearings under the provisions of each City’s Dangerous and Vicious Animal Ordinance, Spay/Neuter Hearings under the provision of each City’s Spay/Neuter Ordinance, and/or Fancier Hearings under the provision of each City’s Fancier Ordinance. The hearing fee, based on the City’s fee ordinance, will be collected from the person requesting the hearing by the County under the terms of this Agreement, if possible. If such fee is not collected, the City shall remain responsible for such costs.

The Parties also recognize that in the event a City elects to utilize the services of a County hearing officer, the City remains solely responsible for the defense of any appeal of or challenge to an administrative decision rendered by the hearing officer. Further, the City remains responsible for any claims, damages, costs or other losses resulting from any decision, act or omission of the hearing officer acting in the course and scope of his or her capacity as hearing officer or from any court judgment based on claims, actions or appeals resulting from Dangerous/Vicious Animal hearings, decisions or findings; Spay/Neuter requirements, hearings, decisions or findings; and/or Fancier requirements, hearings, decisions or findings made under each City’s ordinances.

Furthermore, the Parties agree that, at a City’s option and for its convenience, County offices will issue Service Animal tags and Breeder/Fancier Permits on behalf of each City upon County’s determination that such tag or permit shall be issued on behalf of the City. Each City shall remain responsible for the decision to issue or not issue a Service Animal tag and/or issue or not issue a Breeder or Fancier Permit and shall remain responsible the defense of any action or claim and payment of any claims, damages, costs, or other losses resulting from such decision.

3.7 In consideration of the services that will be coordinated and facilitated by County and provided by the Animal Control Contractor and Animal Licensing Contractor in accordance with all terms, conditions, and specifications set forth herein, and in the exhibits and attachments incorporated by reference herein, each City shall pay County based on ATTACHMENT 2 Page 68 of 285
6 the rates and in the manner specified below.

Proportionate Share of Costs. Each City’s proportionate share of the cost of services (“Proportionate Share of Costs”) provided under this Agreement shall be calculated as a percentage representing:
a. That City’s percentage of total field services provided, averaged over the prior three calendar years;
b. That City’s percentage of total shelter services provided, averaged over the prior three calendar years;
c. With field services weighted at 41% and shelter services weighted at 59%.

Net Program Costs. Each City shall pay the net program costs attributable to that City (“Net Program Costs”) which will be calculated as follows:
a. Determine total expenses for all services including Administrative Costs as defined in Section 2 of this Agreement and Animal Control Contractor and Animal Licensing Contractor costs;
b. Subtract all revenue received, not including licensing revenue; c. Attribute the balance to each City based on that City’s Proportionate Share of Costs.
d. Subtract from each City’s share of the balance the actual licensing revenue collected for that City during the previous calendar year.

Annual Invoices. Each City will be invoiced for its Net Program Costs as follows:
a. The County will calculate each City’s Proportionate Share of Costs, estimate Net Program Costs for the following fiscal year (July 1 – June 30), and will send an estimated invoice containing that information to each City no later than March 31st of each year; b. The County will send a final invoice (“Final Invoice”) based on actual Net Program Cost to each City no later than December 15th of each year; and
c. Each City shall pay the County the amount shown on the Final Invoice no later than February 28th of each year.

ATTACHMENT 2 Page 69 of 285
7 4. County Responsibilities

4.1 Payments to be paid to Animal Control Contractor and Animal Licensing Contractor by the County and each City are as follows:
a. The County will pay Animal Control Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above.

Fiscal Year Amount
2021-22 $6,189,290.95
2022-23 $6,327,480.28
2023-24 $6,499,455.67
2024-25 $6,674,024.00
2025-26 $6,858,739.01
b. The County will pay Animal Licensing Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above (the table in 4.2 includes the payment for the contract Petdata for approximately $192,000).

Current Contract
2016-2021
Amount
One year license $4.28 per license
Multi-year license $4.28 for the first year and $2 for each additional year
Late fees collected $2.50 collection service fee for each license Replacement tags $4.28 per tag
Bank and supply fees Actual cost

4.2 The County shall provide the administrative services as outlined in this Agreement for the following estimated amounts to be charged to and paid by the Cities. Costs may vary as labor negotiations and internal service charges are negotiated at a Countywide level. Cities will only be invoiced for the actual costs to provide said services as outlined in this Agreement and are to be reimbursed by the Cities as provided in Section 3.7 above.

Fiscal Year Amount
2021-22 $790,835
2022-23 $790,375
2023-24 $814,086
2024-25 $822,227
2025-26 $846,894
ATTACHMENT 2 Page 70 of 285
8 4.3 In consideration of the payment provided for in Sections 3.7 and 4.2, the County shall, for the administrative convenience of the Cities and for the purpose of coordinating animal services countywide, provide the additional following administrative services:
a. Work with the City Attorney, designated City liaison or City Manager of each City on any issues that require input from the City, including, but not limited to, during and following the administrative hearing process.
b. Collect, maintain, and report available data as requested by each City, including, but not limited to, annual Performance Measures.

The Animal Control Program Manager or designee will monitor the performance of the Animal Control Contractor and Animal Licensing Contractor and will notify the City Liaison if there is a deficiency in service found. A meeting will be scheduled with Contractor and City liaisons to discuss a plan to correct the service deficiency.
c. With direction from each City, respond on behalf of each City to public inquiries regarding the Animal Control Program and the Animal Licensing Program.
d. Provide monthly report showing field, shelter, licensing activities, and Dangerous Animal Permit holders.
e. Provide dispatch services for after-hours/holiday calls for animal control and licensing.
f. Provide radio maintenance services on radio equipment owned by the Parties and used to perform services as outlined in Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA – Attachment M - County-Owned
Radio Equipment.
g. For the convenience of the Cities, provide animal licensing tags for dogs, cats, animals held under a Dangerous Permit, and animals designated as Service Animals.
h. For the convenience of the Cities, make reasonable attempts to collect and provide collection services for:

1. Animal control fees that are deemed uncollectable by the Animal Control Contractor after reasonable efforts by the Contractor to collect; and
ATTACHMENT 2 Page 71 of 285
9 2. Licensing fees that are deemed uncollectable by the Animal Licensing Contractor after reasonable efforts by the Contractor to collect; and

3. Any other fees for services provided to each City under the terms of this Agreement.

The County’s cost to provide collection services will be included in the administrative cost to facilitate this Agreement. The Cities acknowledge and agree that the County is not responsible for any fees that remain uncollected after reasonable efforts are made to collect. In the event that a City determines that additional collection efforts are warranted, it may undertake such efforts at its own expense. Any shortfall in revenues caused by uncollected fees shall be the responsibility of all Cities based on the proportionate share of costs.
i. Annually provide each City with the audit report required and completed as outlined in Attachment 1.
j. Annually, arrange and oversee a performance audit or fiscal assessment following the, Generally Accepted Government Auditing Standards (GAGAS) to assess whether the Animal Control Contractor is achieving efficiency and effectiveness in performance of the services provided and provide a copy of the performance audit to the Cities. The parameters of the audit and cost will be determined by a subgroup of all Parties through a County Request for Proposal process. Cities will be invoiced for the actual cost of said audit as outlined in Section 3.7 (estimate cost of $81,000 has been added to the administrative cost table in section 4.2). k. For Spay/Neuter Assistance Vouchers:

1. Allocate one dollar from each annual license fee paid for a dog or cat to:
i. When funds are available as determined by the County, assist pet owners and feral cat advocates with the cost to alter the dogs, cats, and feral cats that reside in the County on a county wide basis; and
ii. As funds are available as determined by the County, execute outreach efforts to educate residents on the
responsibilities of owning a pet and the importance of
altering, vaccinating, and licensing all dogs and cats.

2. Issue, monitor and maintain a dog, cat, and feral cat database, allocating funds to the appropriate category of need based on the public’s requests.

ATTACHMENT 2 Page 72 of 285
10 l. Pursuant to Section 3.6 of this Agreement, under the guidelines of the US Department of Justice and the Americans With Disabilities Act’s definition of “Service Animal” for the administrative convenience of each City, and acting as a representative of each City, issue Service Animal tags on behalf of each City upon determination by the County on behalf of the City that such tag shall be issued.
m. If each City’s ordinance so authorizes and the City so requests, review and process each City residents’ requests and maintain files for Breeders and Fanciers Permits.
n. Dangerous Animal Designations:

1. Issue Dangerous Animal tags when an animal has been so designated by a peace officer employed by any City or County or the Animal Control Contractor as such; and

2. The County will invoice annually and make reasonable efforts to collect applicable fees for Dangerous Animal Permit holders; and

3. Monitor data received from Animal Control Contractor; and

4. Send monthly updated reports to each City’s representative. o. Pursuant to Section 3.6, for the administrative convenience of each City, and acting as a representative of each City, conduct administrative hearings for Dangerous and Vicious Animal designations under the guidelines of the applicable City’s ordinance.
p. Pursuant to Section 3.6, for the administrative convenience of each City and acting as a representative of each City, conduct mandatory spay/neuter and/or fancier permit administrative hearings under the guidelines of the applicable City’s ordinance, if any.
q. Provide in-person customer service at a minimum of two County locations that are open during normal business hours to enable residents the ability to obtain animal licenses and/or permits for all dogs and cats.
r. Work with San Mateo County veterinarians to ensure anti-rabies vaccination reporting as required by the County.
s. Receive, import, and export licensing and vaccination information from the Animal Licensing Contractor into the Animal Control Contractor database and vice versa on a weekly basis.

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11 t. Under the guidance of the County’s Health Officer, review and process requests from pet owners to exempt their pet from the requirement to obtain an anti-rabies vaccination as required by State law or County ordinance and report annually to the Department of Public Health.
u. Invoice animal owners pursuant to the County Fee Schedule

6.04.290, and similar City fee schedules, following a bite incident that requires a quarantine of said animal.

5. General Provisions

5.1 Existing Agreements. Upon execution of this Agreement, any prior existing agreements between the Cities and the County to facilitate and coordinate Animal Control and Animal Licensing Services will be terminated.

5.2 Contracting for Services. It is expressly understood and agreed that the County will contract with the Peninsula Humane Society and SPCA, a California nonprofit public benefit corporation (Animal Control Contractor), or such other contractor as the Board of Supervisors and Cities may designate, for the provision of Animal Control Services including field enforcement, shelter and treatment services referred to herein. Additionally, it is expressly understood and agreed that the County will contract with PetData, Inc. or such other contractor (Animal Licensing Contractor) as the Board of Supervisors and Cities may designate, for the provision of Animal Licensing Services.

Shelter Services. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.

Field Services. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.

Veterinary Medical Services. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.

Operations. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.

5.3 Animal Shelter.

The Parties acknowledge:

1. That the new Animal Care and Control Shelter has been constructed and Contractor Peninsula Humane Society & SPCA is and will be occupying it for the term of this Agreement in order to provide animal ATTACHMENT 2 Page 74 of 285
12 control services as set forth in Attachment 1.

2. The Parties have previously entered into a Memorandum of Agreement regarding Funding of Construction of an Animal Care Shelter, dated September 9, 2014 (“Memorandum”), attached and incorporated as Attachment 3. The Parties agree that the total cost of the shelter construction project is being updated as provided by Section 2 of the Memorandum, and the Parties agree that, when available, County will provide to Cities the final total cost of the Shelter construction which will be paid proportionately by each City as provided by the Memorandum. Further, the Parties acknowledge and agree that the proportionate share of each City will be amended as provided by section 3 of the Memorandum. The Parties acknowledge that continued animal control and shelter services to a City as provided herein is contingent on that City approving any amended cost and paying its proportionate share, as previously agreed in the Memorandum”.

5.4 Facilities & Equipment.
a. If the County chooses, at its own discretion, to replace equipment, at reasonable expense, but not to exceed $125,000, that is used by the Animal Control Contractor and/or the Animal Licensing Contractor solely for the purpose of providing services under this Agreement, Cities agree that they will be financially responsible for the purchase cost of said equipment based on their
Proportionate Share of Cost.

In the event that any party asserts that an emergency safetyrelated repair is needed to the portions of the County Animal Care and Control Shelter located at 12 Airport Boulevard in the City of San Mateo that are used to provide contracted animal control services and/or the County chooses to replace
equipment, at its own discretion, and the cost of said equipment exceeds $125,000, the Parties agree to meet in good faith to determine and agree which maintenance or repairs are required, whether or not such repair work shall be undertaken, or if said equipment should be replaced.

If the Parties terminate this Agreement or the Parties do not renew this Agreement, all Parties agree to be financially responsible in their Proportionate Share of Cost as set forth in Exhibit B for the remaining cost of any lease for vehicles or equipment used by the County’s designated contractor solely for the purpose of providing services under this Agreement.

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13 b. Animal Control Contractor will send the County a quarterly itemized report showing the repairs and maintenance performed at the facility.
c. If Parties choose to terminate for reasons other than material breach of the Animal Control Contractor’s Services Agreement or Parties choose not to renew the Animal Control Contractor’s Services Agreement, County and Cities shall be financially responsible for the remaining cost of any lease for vehicles or equipment used by the Animal Control Contractor solely for the purpose of the Animal Control Contractor’s Services Agreement.

5.5 Fiscal and Program Monitoring. Each City agrees to participate annually with County to discuss financial or programmatic issues including, but not limited to, licensing activities, revenue sources, performance measures, and ordinance revisions. The County or any City may request a special meeting for this purpose and upon the provision of reasonable notice.

Any changes in the amount to be paid to the Animal Control Contractor or the Animal Licensing Contractor shall require the Board of Supervisors and the affected City’s approval.

5.6 Use of Program Revenue. Each City agrees that all fees collected by the County and/or the Animal Control Contractor and the Animal Licensing Contractor, or both, for the purposes outlined in this Agreement shall be retained by the County and used to cover the cost of services provided under this Agreement, except for services provided directly by or for a City and where fees are collected by said City for services provided as described in Section 3.4 and 3.6 of this Agreement.

5.7 Maintenance of Records. Records of animals impounded including the description of each animal, date of receipt, date and manner of disposal, treatment received, the name of the person redeeming or adopting the animal, and the fees, charges and proceeds of adoption shall be maintained by the County, through the Animal Control Contractor, and made available to the Cities. In addition, statistical information shall be provided on a monthly, quarterly and annual basis to the Cities summarizing various field enforcement and shelter activities occurring in each City and shelter activities initiated by residents of each City.

5.8 Term and Termination. Subject to compliance with all terms and ATTACHMENT 2 Page 76 of 285
14 conditions, the term of this Agreement shall be from July 1, 2021 through June 30, 2026.

Except as otherwise provided by this section, this Agreement may not be terminated by any party during the effective period from July 1, 2021 through June 30, 2026. Each City is responsible for its annual percentage share under this Agreement for the entire term of this Agreement.

In the event any City fails to pay its percentage share as set forth in this Agreement and Exhibit B, every other City shall promptly pay its Proportionate Share of Cost of the non-payment, unless and until the County is able to recover the non-payment from the late or non-paying City.

This Agreement shall automatically terminate in the event of termination of the Animal Control Services Agreement. Upon termination, the County shall have no further obligation to provide, facilitate or coordinate services specified herein or in the Animal Control Services Agreement or Animal Licensing Services Agreement.

Each City shall promptly pay its Proportionate Share of Cost as set forth in Exhibit B for all services rendered prior to termination.

5.9 Amendments: Entire Agreement. Amendments to this Agreement must be in writing and approved by the County Board of Supervisors and the governing body of each City. This is the entire Agreement between the Parties and supersedes any prior written or oral agreements inconsistent herewith.

This Agreement, including the Exhibits and Attachments which are incorporated herein by this reference, constitutes the entire Agreement of the Parties to this Agreement regarding the subject matter of this Agreement, and correctly states the rights, duties, and obligations of each party as of the Effective Date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit to this Agreement, the provisions of the body of this Agreement shall prevail.

Any prior agreement, promises, negotiations, or representations, whether oral or written, between the parties not expressly stated in this Agreement are superseded. All subsequent modifications or amendments to this Agreement shall be in writing and signed by the Parties.

5.10 Controlling Law and Venue. The validity of this Agreement and of its terms or provisions, the rights and duties of the parties under this ATTACHMENT 2 Page 77 of 285
15 Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

5.11 Additional Services. Nothing contained herein shall preclude any City from contracting separately for the provision of a higher level of service.

Any contract increasing the level of services will be supplemental to this Agreement and will not affect the level of service provided for in this Agreement.

5.12 Relationship of Parties. The Parties agree and understand that the work/services performed or facilitated under this Agreement are performed or facilitated by an independent Contractor, and not by an employee of any City and that neither the County, its employees, the Animal Control Contractor, or the Animal Licensing Contractor acquire any of the rights, privileges, powers, or advantages of City employees, and vice versa; however, the County may act as an agent on behalf of each City where expressly set forth herein and, in such instances, each City shall hold harmless, indemnify and defend the County from and against any claims of any kind and/or actions for damages arising out of the County’s actions undertaken on behalf of each City as set forth herein.

5.13 Hold Harmless.
a. Each City shall hold harmless, indemnify and defend the County, its officers, employees and agents from and against any and all claims, suits or actions of every kind brought for or on account of injuries or death of any person or damage to any property of any kind whatsoever and whomsoever belonging which arise out of the performance or nonperformance of each City’s covenants and obligations under this Agreement and which result from the negligent or wrongful acts of each City or its officers, employees, or agents, including, but not limited to, those claims, suits, or actions arising from activities performed by the County as a representative of the City as set forth in Sections 3.6 and 4.2. b. The County shall hold harmless, indemnify and defend each City, its officers, employees and agents from and against any and all claims, suits or actions of any kind brought for or on account of injuries to or death of any person or damage to any property of any kind and to whomsoever belonging which arise out of the performance or non-performance of the County’s obligations ATTACHMENT 2 Page 78 of 285
16 under this Agreement and which result from the negligent or wrongful acts of the County, its officers or employees. This provision requiring the County to hold harmless, indemnify and defend each City shall expressly not apply to claims, losses, liabilities or damages arising from actions or omissions, negligent or otherwise, of the Animal Control Contractor or the Animal Licensing Contractor, or their officers, employees or agents, under the services agreements with the County. Further, this provision requiring the County to hold harmless, indemnify and defend each City shall not apply to acts or omissions of the County done on behalf of each City in performing administrative tasks for the convenience of and as representative of each City, including but not limited to those set forth in Sections 3.6 and

4.2. c. In the event of concurrent negligence of the County, its officers or employees, and the City, its officers and employees, the liability for any and all claims for injuries or damages to persons and/or property or any other loss or costs which arise out of the terms, conditions, covenants or responsibilities of this agreement shall be apportioned according to the California theory of comparative negligence.
d. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge that with respect to activities performed by the Animal Control Contractor or the Animal Licensing Contractor in the Cities’ territorial limits, the County serves solely as a Contract Administrator and solely with respect to the specific obligations contained within this Agreement and the agreements between the County and the Animal Control Contractor and the Animal Licensing Contractor. Accordingly, in the event the County or the Cities are sued and the suit is related in any manner to actions taken by the Animal Control Contractor or the Animal Licensing Contractor solely in a particular City or the Cities, the particular City or Cities, as the case may be, will hold harmless, indemnify and defend the County, and any other City that is named as a defendant in that suit from and against any and all claims, losses or costs. In the event a City or the Cities are sued and the suit relates in any manner to actions taken by the Animal Control Contractor or the Animal Licensing Contractor solely in the unincorporated area of the County, the County will hold harmless, indemnify and defend the City or Cities named as a defendant or defendants in that suit from and against any and all claims, losses or costs.
e. The County agrees that in its Service Agreements with the Animal ATTACHMENT 2 Page 79 of 285
17 Control Contractor, the County will require the Animal Control Contractor to indemnify each City to the same extent that the County is indemnified and to name each City as a third party beneficiary to the County’s Agreements with the Animal Control Contractor and/or the Animal Licensing Contractor.
f. These indemnification and hold harmless clauses shall survive termination of this Agreement and shall apply whether or not any insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

5.14 Non-Discrimination. No person shall illegally be excluded from participation in, denied the benefits of, or be subjected to discrimination under this Agreement on account of their race, color, religion, national origin, age, gender, sexual orientation, ancestry, marital status, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran’s status.

5.15 Notices. Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

Any notices required by or given pursuant to this Agreement to any City shall be in writing and shall be delivered to the Clerk of that City at the address of the principal business offices of the respective City listed in the introduction of this Agreement or at such other address as any City may specify in writing to the County.

In the case of County, to:

Name/Title: Lori Morton-Feazell, Program Manager of Animal Control and Licensing
Address: 225-37th Avenue San Mateo, CA 94403
Telephone: 650.573.2623
Email: [email protected]

5.16 Condition Precedent. If this Agreement is not adopted by all twenty Cities, it will become null and void in its entirely except that in such an event, the County and any of the cities which are in agreement with the terms and conditions of this Agreement may use it as the grounds for considering an Agreement which may be acceptable to those parties.

ATTACHMENT 2 Page 80 of 285
18 5.17 Electronic Signature. All Parties agree that this Agreement and future documents relating to this Agreement may be digitally signed in accordance with California law and the County’s Electronic Signature Administrative Memo and the Parties understand and agree that electronic signatures shall be deemed as effective as an original signature.

5.18 Counterparts. The Parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.

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19 IN WITNESS WHEREOF, the Board of Supervisors of the County of San Mateo has authorized and directed the Health System Chief to execute this Agreement for and on behalf of the County of San Mateo. The Cities of Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside have caused this Agreement to be subscribed by its duly authorized officer and attested by its Clerk.

Dated: COUNTY OF SAN MATEO
____________ _____________
President, Board of Supervisors
Resolution No. 078244(b)
June 29, 2021
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Dated:

ATTEST: TOWN OF ATHERTON
_________________________________
Town of Atherton, Clerk By
ATTACHMENT 2 Page 83 of 285
Dated:

ATTEST: CITY OF BELMONT
_________________________________
City of Belmont, Clerk By
5/26/2021
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Shawnna Maltbie
City Manager
May 25, 2021
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ATTACHMENT 2 Page 89 of 285
Dated:

ATTEST: CITY OF FOSTER CITY
_________________________________
City of Foster City, Clerk By
ATTACHMENT 2 Page 90 of 285
Dated:

ATTEST: CITY OF HALF MOON BAY
_________________________________
City of Half Moon Bay, Clerk By
ATTACHMENT 2 Page 91 of 285
ATTACHMENT 2 Page 92 of 285
Dated:

ATTEST: CITY OF MENLO PARK
_________________________________
City of Menlo Park, Clerk By
ATTACHMENT 2 Page 93 of 285
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Dated:

ATTEST: TOWN OF PORTOLA VALLEY
_________________________________
Town of Portola Valley, Clerk By
ATTACHMENT 2 Page 96 of 285
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Dated:

ATTEST: CITY OF SAN CARLOS
_________________________________
City of San Carlos, Clerk By
ATTACHMENT 2 Page 99 of 285
Dated:

ATTEST: CITY OF SAN MATEO
_________________________________
City of San Mateo, Clerk By
__________
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40 EXHIBIT A

CONTRACT AREAS
The following Cities have contracted for services pursuant to this Agreement:

Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto
Foster City
Half Moon Bay
Hillsborough
Menlo Park
Millbrae
Pacifica
Portola Valley
Redwood City
San Bruno
San Carlos
San Mateo
South San Francisco
Woodside
ATTACHMENT 2 Page 103 of 285
41 EXHIBIT B

PROPORTIONATE SHARE OF COST
FY 2021-22 Proportionate Share of Cost:

Atherton 0.70%
Belmont 2.58%
Brisbane 0.90%
Burlingame 3.74%
Colma 0.53%
Daly City 10.13%
East Palo Alto 8.70%
Foster City 2.15%
Half Moon Bay 2.50%
Hillsborough 1.16%
Menlo Park 4.59%
Millbrae 1.92%
Pacifica 5.07%
Portola Valley 0.37%
Redwood City 12.55%
San Bruno 6.09%
San Carlos 3.15%
San Mateo 15.61%
South San Francisco 10.27%
Woodside 1.03%
County 6.27%
ATTACHMENT 2 Page 104 of 285
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Sharif Etman, Town Manager
DATE: January 10, 2024
RE: Dissolve and Restructure Certain Advisory Committees

RECOMMENDATION
Receive request and recommendation from the Committee of Committees and adopt a Resolution dissolving/restructuring certain Advisory Committees and provide direction to staff

BACKGROUND
The goal of this initiative is to strengthen our volunteer community and improve overall operating efficiency for both volunteers and staff. Brown-Act rules that generally assume more political governing bodies, can be cumbersome for our volunteer committee members and staff. Below are ideas for alternative committee structures that allow more flexible committee organization. This initiative is part of the 2022-2023 Council Priorities framework for improving the overall operational efficiency for both volunteers and staff.

This initiative came from the Town Council’s review of 2023 strategic priorities.

Currently Portola Valley has about four hundred volunteers, in a town with approximately 3,600 adults, which equates to a participation rate of 11%. The amount of volunteerism is exceptional but does come with challenges:
• It is becoming increasingly challenging to accommodate and comply w/ Brown Act requirements.
• It is not always clear that there is alignment between Town Council and committee priorities.
• Not all committee policies and procedures are being implemented consistently. • The current committee handbook is ambiguous and outdated.

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

All or some of these factors may affect the ability to attract more volunteers.

Patty Dewes, Chair of the Park and Recreation committee spearheaded an effort to review the current operating procedures for committees (e.g., Brown Act requirements, in-person vs. remote participation) by the Committee of Committees (committee chairs or their representative), and the council subcommittee (Sarah Wernikoff and Craig Taylor).

The committee representatives collected feedback from their respective committees to be incorporated into this proposal to be reviewed by the Committee of Committees and submitted to the Council. Additionally, the Committee of Committees reviewed the proposal with the interim Town Attorney to gather information about the legality of the proposal changes and the appropriate process for executing the proposal.

This proposal excluded Planning Commission and ASCC, who, in their regulatory role, make legally binding decisions on matters within their authority. It also excluded committees that have a defined role in the development process as set forth in the Municipal Code. This proposal did include the rest of the committees who act in an advisory role to the Town Council. These committees may make recommendations that affect Town policies, priorities, and procedures, but they do not have any direct authority over these decisions.

DISCUSSION
Based on these inputs, The Town Manager and the Committees are requesting following committee structure:

Town Council Committees: (no change)
• Report directly to the Town Council
• The Town Council would approve membership.
• Continue to be subject to the Brown Act rules.

OR
Town Manager Committees and Groups:
• Report directly to the Town Manager
• The Town Manager would approve membership.
• Would not be subject to the Brown Act rules.

The Committee of Committees created the following matrix which identified the characteristics of each committee classification for critical operating procedures.

Town of Portola Valley Proposed Committee Structure
Criteria Town Council Committee Town Manager Committee (1) Group Description Decision making and/or
advisory committees
supporting Town priorities.

Advisory committees supporting
Town priorities, events and/or public
initiatives.

Supports an event,
project, or initiative.

Reporting Town Council Town Manager Town Council SubCommittee or Town Manager
Liaison Town Council Town Manager, Staff and/or Town
Council POC (at TM discretion)
As needed
Member
Appointment
By Town Council By Town Manager Appointed and/or
volunteer depending on
purpose/outcome
Member
Attendance
Must be in person at
Schoolhouse unless
remote attendance
permitted under the Brown
Act
Hybrid: In person or Zoom (In
person is NOT required at the
Schoolhouse)
Hybrid: In person or
Zoom (In person is NOT
required at the
Schoolhouse)
Public Attendance In person and Zoom
allowed
Zoom. In person if meeting at
Schoolhouse
None
Quorum 51% of approved
membership per charter.

Quorum is in person
ONLY.
51% of approved membership per
charter. Quorum is in person plus
Zoom members.

As needed.

Holding meetings
and Conducting
Business
In person Quorum required
to hold meeting and
conduct business
Meetings may be held without a
quorum, but a quorum (in person +
Zoom) is required to vote
Group decides how best
to conduct meetings and
make decisions.

Charter Approved by Town Council Approved by Town Manager Approved, if needed, by Reporting Relationship
Noticing Timing 72 hours 48 working hours (2) None
Noticing Details Agenda, meeting materials
and Zoom links from Town
Staff
Agenda, meeting materials from
Chair (2)
None
Meeting Frequency Per Charter Per Charter As needed.

On Town Calendar Yes Yes Optional
Meeting Recording Optional Optional None
Agenda Setting Committee Chair Committee Chair As needed.

Agenda Approval Town Council Liaison
and/or Town Manager
Town Manager, if needed None

Minutes Required. Approved
minutes to be posted with
the next agenda.

Required: cc to Town Manager/Staff.

Approved minutes to be posted with
the next agenda.

As needed.

Action Items and
Owners
Optional Must be included at the end of
minutes
As needed
Meeting Protocol Rosenberg’s Rules of
Order
Simplified Rosenberg’s Rules of
Order
As needed.

Issue Resolution As needed. Chair to Town
Council liaison or Town
Manager
As needed. 1) Chair to Town
Manager. 2) To Town Council if
Town Manager/Staff do not
recommend
As needed.

Conducting
Business as
Meetings
• • Time must be
allowed for public
comment for items
NOT on the
agenda.
• May NOT discuss
or conduct
business on any
items that are
NOT on the
agenda
• Time must be allowed for
public comment for items
NOT on the agenda.
• May discuss (but NOT vote)
on items that are NOT on
the agenda at the discretion
of the Chair/Committee
As needed.

Discussions
between
meetings/offline
Per Brown Act Compliance
ONLY
• Discussions are OK without
quorum, but voting is
allowed only at meetings
with a quorum.
• Discussion should be
summarized at next meeting
for the benefit of the public
and other committee
members
As needed
Budget Approved by Town Council Reviewed by the Town Manager for inclusion in the Town Budget
Reviewed by the Town
Manager for inclusion in
the Town Budget.

Notes:
• (1) All components of these committees are at the discretion of the Town Manager and are subject to his/her approval/review.
• (2) Process to be defined with Town Staff

It is important to note that the Committees that have requested transitioning to Town Manager committees still intend to operate with transparency in mind:
• All committees will have public meetings with advance notice of agenda items. • All committees will allow public comments.
• Voting on any item takes place at a meeting with a quorum. • Minutes will be taken at each meeting.

The perceived advantages of the Town Manager committee are:
• In person (at Schoolhouse or another designated site) is NOT required for members • Zoom members attendance counts toward a quorum.
• Per chair discretion, can answer public questions and engage in public exchange of information/ideas.
• Members may discuss items outside of meetings.

Approved by: Cindy Rodas, Finance Director Approved by: Sharif Etman, Town Manager The decision as to the committee classification was made by each Chair with input from their committee and Town Council liaison. Following is the result:

Committee Chair Town Council Town Manager Group
Bicycle, Pedestrian and Traffic Safety Ed Holland
Cable and Utilities Undergrounding Chris Buja
Conservation Catherine MaGill
Cultural Arts John Badger
Emergency Preparedness Dale Pfau
Finance and Audit George Savage
Geologic Safety Chet Wrucke
Historic Resources Nancy Lund
Nature and Science Yvonne Tryce
Open Space Ticien Sassoubre
Parks and Recreation Patty Dewes
Public Works Alex Doherty
Race and Equity Lucy Neely
Sustainability Scott Elrod
Trails and Paths Fred Leach
Wildfire Preparedness Jennifer Hammer
Woodside Highlands Road Maintenance Teresa Godfrey

RECOMMENDATION
Approve Staff and Committee Recommendation to dissolve certain Brown Act Committees as outlined in the resolution.

FISCAL IMPACT
There is no fiscal impact by accepting this restructuring.

ATTACHMENTS

1. Resolution

ATTACHMENT 1
RESOLUTION NO. XX-2024

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY

DISSOLVING CERTAIN TOWN ADVISORY COMMITTEES
WHEREAS, since the Town’s incorporation on July 7, 1964, Town residents have volunteered countless hours to support the work of Town staff and elected officials, and such efforts have been a cornerstone of the Town’s ongoing governance; and
WHEREAS, the Town has two commissions: the Planning Commission and the Architectural and Site Control Commission, as well as 16 current Advisory Committees; WHEREAS, the 16 Advisory Committees advise the Town on a broad range of topics affecting the community as set forth in each committee’s respective charter; and WHEREAS, because the Advisory Committees have historically been appointed by and advised the Town Council directly, they have been treated as legislative bodies subject to the Brown Act (California’s Open Meeting Law), which imposes notice and agenda requirements as well as a requirement for in-person meetings, with limited exceptions; and
WHEREAS, Town staff has insufficient resources to manage the agendas and public noticing requirements for the 16 Advisory Committees; and WHEREAS, on December __, 2023, the Town Manager received a formal request from Patty Dewes, Chair of the ______, to dissolve and restructure several Advisory Committees so that, going forward, they would be appointed by and advise Town staff rather than the Town Council, which would be more fiscally sustainable and allow great flexibility in scheduling and holding remote meetings; and WHEREAS, the Town Council concurs with this request and anticipates that community volunteers will similarly contribute to the Town’s success even though they are not directly advising the Town Council.

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

I. The following Advisory Committees are dissolved and their respective charters are no longer operative: Cultural Arts; Historic Resources; Nature and Science; Parks and Recreation; Public Works; Race and Equity; Sustainability; and Woodside Highlands Road Maintenance District.

II. The Town Manager shall report back to the Council within six months of the date of this Resolution to report on the status of restructuring the Advisory Committees, which may including combining committees and/or making them advisory to the Town Manager, all at the discretion of the Town Manager.

ATTACHMENT 1
III. The Town Manager shall take all action necessary and appropriate to effectuate this Resolution, including but not limited to making appropriate updates to the Town website and the Committee and Commission Handbook.

PASSED AND ADOPTED this ____ day of ________, 2024.

By: __________________________
Mayor
ATTEST:
_________________________
Town Clerk
1713884.3

______________________________________________________________________________________ TO: Honorable Mayor and Members of the Town Council
FROM: Jon Biggs, Interim Planning & Building Director
and Adrienne Smith, Senior Planner
DATE: January 10, 2024
RE: 2023 -2031 Portola Valley Housing Element Update and Conforming General Plan Amendments

RECOMMENDATION
The Planning Commission of the Town of Portola Valley recommends that the Town Council adopt the attached resolution, approving the latest version of the Housing Element, as amended, and the General Plan Amendments

BACKGROUND
The Town of Portola Valley has been working at developing its Housing Element Update since early 2021. The Planning Commission first reviewed a Draft Housing Element at its June 15, 2022 meeting and proceeded to review the Housing Element and various other related Housing Element implementation work in subsequent meetings.

The Town Council took up its consideration of the Housing Element in 2023 and at its March 29, 2023 meeting, it adopted the Housing and Safety Elements’ Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) (Resolution 2922- 2023 ). On May 10, 2023 Town Council adopted the draft Housing Element and conforming General Plan amendments (Resolution 2926-2023). The Town submitted the adopted package to the California Department of Housing and Community Development (HCD) May 25, 2023. In response to this submittal, HCD sent a comment letter dated July 25, 2023, which detailed deficiencies in the Housing Element and notified the Town that additional modifications were necessary before HCD could provide its certification.

Following are the meeting links and topics and a document with all Housing Element-related public meetings and topics that have occurred since 2021. Additional information on the Housing Element and overall update process is available at www.portolavalley.net/housing. • October 19, 2022 – Review of draft Zoning Code Amendments • November 2, 2022 – Review of draft Zoning Code Amendments and Opt-In Program

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

2023 -2031 Portola Valley Housing Element Update and January 10, 2024 Conforming General Plan Amendments

• November 16, 2022 – Comments on the Draft Initial Study/Mitigated Negative Declaration (IS/MND) for Housing and Safety Elements and conforming General Plan and Zoning Code amendments
November 30, 2022 – General Plan conforming amendments and Zoning Code amendments, Opt-In Program, Housing Element Programs, Density Bonus Law • December 7, 2022 – General Plan conforming amendments, Zoning Code amendments • January 24, 2023 – IS/MND and Response to Comments Memo • February 15, 2023 – Adopted Resolution recommending Town Council Adopt the IS/MND and Mitigation Monitoring and Reporting Program (MMRP)
• March 6, 2023 - Adopted Resolution recommending Town Council Adopt the Housing Element and conforming General Plan amendments
• September 6, 2023 – Received staff update on Housing Element Staff and Consultant Work with HCD Reviewer
Since its July 25th comment letter from HCD, the Town was assigned a new HCD reviewer, who is also a supervisor with the authority to make judgment calls that junior HCD staff, like the Town’s previous reviewer, were unable to make. Staff and the Town’s housing element consultant Urban Planning Partners (UPP) have now met six times with the HCD reviewer at Zoom meetings.

Throughout the process, the reviewer has been cooperative and helpful in ensuring the team that it had clear direction on how to be responsive to comments.

During the course of the sixth call, November 29, 2023, the reviewer offered staff the opportunity to submit the draft Housing Element for a preliminary review to occur alongside the Town’s regular review process. The reviewer stressed it was a limited time offer and needed to occur by the week’s end, Friday, December 1, 2023. This preliminary review was an opportunity to ensure that the latest Housing Element draft is substantially responsive to HCD comments and generally on track for ultimate HCD certification. The reviewer indicated a letter could potentially be delivered in time for the December 20, 2023 Planning Commission meeting and if not, in time for the projected Town Council meeting of January 24, 2024. At the time of writing this agenda report, a letter from HCD has not yet been received, but staff remains hopeful it will receive word from HCD prior to its January 10, 2023 Town Council meeting.

Action by Portola Valley Planning Commission
Following its series of meetings with its HCD reviewer and that reviewer’s statements that HCD comments had been appropriately addressed, staff scheduled consideration of Housing Element Draft #4 for review by the Town’s Planning Commission. The Portola Valley Planning Commission, at a public hearing held on Wednesday, December 20, 2023 and, following a motion by Commissioner Targ that was seconded by Commissioner Brothers, voted 5-0 to recommend adoption of the revised Housing Element and General Plan Amendments to the Portola Valley Town Council. In recommending adoption of the Housing Element to the Town Council, the Commission did recommend some non-substantive modifications that are reflected in Attachment 2 to this agenda report. Also, for background information, the agenda report (without attachments) provided to the Planning Commission at its December 20, 2023 meeting has been included with this report as Attachment 6.

DISCUSSION

2023 -2031 Portola Valley Housing Element Update and January 10, 2024 Conforming General Plan Amendments

Changes to Housing Element
Both the draft Housing Element and the General Plan updates are in tracked changes shown in redline. The most substantive change found in Housing Element Draft #4 are in Section 6, Adequate Sites and Section 7, Goals Policies and Programs. To best navigate the changes, review the cover memo and the detailed matrix of each HCD comment and the Town’s proposed response. A summary of notable changes is below:
• Additional certainty with the timing/availability of pipeline projects. HCD has required this kind of program in other jurisdictions. Staff added a new program to address this comment (see comment A3.1 in the Matrix).
• The Opt-In Diversification Program is now a pilot program, which gives the Town a little more flexibility in that the program can end after the stated maximum number of units are reached, and it will not be counted toward the Town’s RHNA. Additionally, the program is now categorized as an Affirmatively Furthering Fair Housing (AFFH) program (see comment A3.2 in matrix).
• The zoning density for multi-family needs to be a minimum of 20 units per acre and the Town is required to provide a range. After discussions with the Town’s reviewer, they allowed 20- 23 units per acre. This is required because the Housing Element and rezoning was not in place at the start of the planning period (January 31, 2023). (See comment A3.3 in matrix). • ADU production. If there is a shortfall in anticipated ADU production, the reviewer required tweaks to the Town’s existing ADU programs prompting a review in its strategy and/or identifying additional sites to accommodate the shortfall (see comment B1.2 in the matrix). • Changes to the Dorothy Ford Field and Open Space site program. The reviewer required minor changes that clarify the timing of certain program steps (see comment B2 in matrix). • Changes to the Town’s overall RHNA that are reflected as a drop in the Town’s previous Total Unit Potential and the percentage (%) of buffer provided (see page 125 of the revised Housing Element).
o These changes are attributed to a modification to the Willow Commons pipeline project currently under construction, the re-classification of the 4394 Alpine Road housing site from multi-family to mixed-use, and the removal of the Opt-In program from the RHNA that was offset by ten additional above-moderate ADU’s. • Based on property owner request, the Planning Commission recommended revisions to the Supportive Housing Overlay policy language. These changes are reflected in Attachment 2.

Changes to General Plan
Throughout the update process staff have limited General Plan amendments solely to addressing any inconsistencies brought about by new policies in the Housing Element. Accordingly, removing or modifying language is only proposed if it directly excludes or prevents the uses proposed in the Housing Element. Staff have not made any significant changes to the General Plan since the Commission last recommended to Town Council adoption of the previous amendments (see Attachment 4 for redline tracked changes). Below is a summary of changes:
• Comprehensive Plan Diagram:

2023 -2031 Portola Valley Housing Element Update and January 10, 2024 Conforming General Plan Amendments

o Changes to the Legend:
▪ Updated Mixed Use to be 3-6 du/ac
▪ Updated Medium Multi-Family to be 20-23 du/ac
▪ Added “Low” and “Medium” to the Multi-Family categories for clarity ▪ Updated Gateway to be 20-23 du/ac
o Changed 4394 Alpine Road to be the Mixed Use color on the map • Nathhorst Triangle Diagram:
o Changed 4394 Alpine Road to be Mixed Use pattern on the map o Changes to the Legend:
▪ Updated Mixed Use to be 3-6 du/ac
▪ Removed Multi-Family
• Land Use Element:
o Residential Category Table:
▪ Revised intensity of dwelling units per acre to be 20-23 du/ac for Multi-Family – Medium
▪ Revised intensity of dwelling units per acre to be 3-6 du/ac for Mixed-use ▪ Revised intensity of dwelling units per acre to be 20-23 du/ac for Gateway o Changed text for 2106.2 Multi-Family – Medium description to be “no more than twenty-three dwelling units per acre.”
o Changed text for 2106.1 Gateway to be “no more than twenty-three dwelling units per acre.”

ENVIRONMENTAL ANALYSIS
On March 29, 2023 the Town Council adopted, pursuant to the California Environmental Quality Act (CEQA), an Initial Study-Mitigated Negative Declaration (IS-MND) prepared for the Portola Valley Housing and Safety Elements Update and Conforming General Plan and Zoning Code Amendments.

The Town Council adopted the Housing Element on May 10, 2023.

In response to comments received from the California Department of Housing and Community Development (HCD) on July 25, 2023, the Housing Element is being amended. Many of the revisions consist of providing additional information or clarifying proposed policies.

The IS-MND has been reviewed to determine if any of the aforementioned revisions to the Housing Element would require modifications to the document. As discussed above, the number of overall units has decreased by 27 units. There are no proposed changes in the project or changes with respect to the circumstances under which the project is being undertaken, which will require revisions to the IS-MND. All mitigation measures in the IS-MND remain valid and reduce all project-related impacts to a less-than-significant level.

NEXT STEPS
Post-Adoption HCD Review Process

2023 -2031 Portola Valley Housing Element Update and January 10, 2024 Conforming General Plan Amendments

Once the Housing Element is adopted, it will be submitted to HCD for formal review and certification. Following submittal of the Housing Element to HCD, staff will begin preparing the zoning code amendments for review at public hearings by the Planning Commission and Town Council. These amendments are necessary to implement the Housing Element.

Public Comment
At the time of writing this report, one public comment was received. Along with that comment, all previous public comments collected for the December 20, 2023 Planning Commission are included in Attachment 7. As applicable, any additional comments received up to 12:00pm on January 10, 2024 will be posted to the meeting calendar page.

FISCAL IMPACT
There is no fiscal impact in accepting this report and update. The contract amount for the Consultants engaged to assist with the preparation of the Housing Element, General Plan Amendments, and Environmental Review totals $308,875. Expenditures of time spent by town staff, interim town attorney and other town resources on the progress of this project to date are undetermined.

ATTACHMENTS

1. Updated Housing Element (Draft #4 – without Appendices) – includes matrix of July 25, 2023 HCD comments and changes made to Housing Element in Response https://www.portolavalley.net/home/showdocument?id=17928&t=638370474975220294

2. List of Modifications to Housing Element Recommended by the Planning Commission

3. Draft Resolution of the Town Council Adopting the Housing Element and Conforming General Plan Amendments

4. Conforming General Plan Amendments

5. Portola Valley Planning Commission Resolution, No.2023 - 3, recommending adoption of the Housing Element and General Plan Amendments to the Town Council.

6. December 20, 2023, Planning Commission Agenda Report

7. Public Comments
Approved by: Sharif Etman, Town Manager

HOUSING ELEMENT DRAFT #4 MODIFICATIONS RECOMMENDED
BY THE PLANNING COMMISSION TO THE TOWN COUNCIL ON DECEMBER 20, 2023 Section 4. Constraints, at page 62
Insert underlined language in the following paragraph:

Environmental Review
The Town facilitates environmental review as required by the California Environmental Quality Act (CEQA). Many projects are categorically exempt from CEQA but some projects may require a Negative Declaration, Environmental Impact Report, or other form of CEQA documentation. Under Public Resources Code 21080.1 and 21080.2, a lead agency must determine if a housing development is exempt from CEQA within 30 days of receiving a complete application. If a project is deemed exempt, this triggers the 60-day approval requirement described in the previous paragraph. While Portola Valley complies with this requirement, it does not issue a formal determination of CEQA exemption within 30 days of an application being deemed complete but will now do so. Program 5-4 in this Housing Element recommends a change in development processing procedures to issue such determinations as required by State Law.

Section 4. Constraints, at page 84
Add this paragraph following Table 4-12:

At its meeting of December 13, 2023, the Town Council received a report on a draft Joint Work Plan “7+13” with the Woodside Fire Protection District. This draft work plan was jointly prepared by staff of the Town of Portola Valley and the Woodside Fire Protection District. The Work Plan reflects the Town’s and the District’s mutual interest in fire protection and emergency preparedness. The draft work plan indicates the responsible party, the implementation strategy, and the timing for each proposed policy or action.

Section 5. Resources, at page 93
Separate the following at point indicated to create a new paragraph.

Stanford University owns two sites in town and is also part of the Affiliated Housing Program. Stanford is currently proposing the construction of 12 affordable units under the Affiliated Housing Program. (Insert break here for new paragraph).
(Start New Paragraph) The proposed objective findings that will be introduced with the codification of the Affiliated Housing Program (as described in Program 1-4) are listed below:

1. The project complies with the requirements of the objective design standards and any other applicable objective standard established with adopted City plans and documents;

2. There are adequate infrastructure and public services available to serve the proposed development, including sewerage, water, fire and police protection, storm drainage facilities, and legal access to the lot;
ATTACHMENT 2 Page 118 of 285

3. The proposed development is on a legally created lot; and

4. The project complies with mitigation measures of any applicable environmental document.

Section 6. Adequate Sites, at page 102
Amend the following paragraph by deleting the blue language with strikethroughs.

The pending “Stanford Wedge” Faculty Housing development is proposed in the northeastern portion of the Town along Alpine Road will consist of 27 single-family residential units and 12 workforce housing units to be clustered on approximately 7 acres of a 75-acre site. The remainder of the site will be undeveloped and subject to a vegetation management plan to address fire safety concerns. The project requires a Planned Unit Development, Design Review, Site Development Permit, Affordable Housing Agreement and Tentative Subdivision Map approvals. An Draft Environmental Impact Report (EIR) has been circulated for public comment is close to issuance and. Ppublic meetings are anticipated to occur begin in late mid-2023/ in early 2024. The Town anticipates the Planning Commission and Town Council will consider the project by mid-2024. The 12 workforce housing units will all be deed restricted for 55 years. Six will be restricted to low-income households as required by State Density Bonus Law. The other six are anticipated to be……
Section 6. Adequate Sites, at page 117
Undelete the following deleted paragraphs and amend as reflected in blue lettering with underlining (new) and strikethrough (deleted):

In addition, a new Supportive Housing Overlay is hereby established and applied to this site with the following provisions:
▪ All principally permitted uses and all conditionally permitted uses in the A-P zone (Municipal Code Chapter 18-22) would be permitted by right in the Supportive Housing Overlay if the commercial use directly supports a new or existing supportive housing project. ▪ (Begin Undelete) A density below the range specified in the Multi-family Mixed-Use designation will be permitted provided the site accommodates at least four two residential units at the lower-income level (End Undelete)
▪ Any supportive housing project that would be permitted by right under AB 2162 (or other applicable law) in the A-P zone will be permitted under the Supportive Housing Overlay. For purposes of determining whether a proposed project on the Property is a "use by right" under the AB 2162 supportive housing requirements (Government Code Section 65650, et seq.), the designation will be deemed to be a designation where multi-family and mixed uses are permitted.
▪ (Begin Undelete) Some market rate units and/or non-supportive units may be permitted to cross subsidize a supportive housing project provided that at least 25% of units are supportive housing units with at least four two units at the lower-income level and no more than 21 units (including market rate, supportive housing and manager’s units) would be constructed on site. Supportive ATTACHMENT 2 Page 119 of 285
housing units include the following categories: persons with disabilities (including IDD) or Extremely Low-Income (End Undelete).
▪ For purposes of determining the number of residential units in a proposed project, and at applicant’s request, a shared housing unit in a shared housing building will be counted as one residential unit. Alternatively, if requested by applicant, a unit will be counted traditionally by each dwelling unit as defined in the Municipal Code Section 18.04.150 (one or more rooms arranged for the use of one household with cooking, living, and sleeping facilities) Section 7. Goals, Policies, and Programs, at page 130
In the following paragraphs, delete (among others) and insert alternate language, reflected by blue lettering with strikethrough (deleted language) and double underling (new language) 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. As part of developing objective design standards, these standards will be used for the Affiliated Housing Program (among others) among other entitlement pathways under which objective design standards are required by law, and the Town will ensure they promote certainty and objectivity, and be limited to health, safety, and objective design standards. This program helps to address fair housing contributing factors relating to a lack of zoning for anything other than single family homes.

Quantified Objective/Metric: Adopt Objective Design Standards to facilitate construction of 97105 units.

Geographic Targeting: Townwide
Time Frame: Complete by October 2023March 2024
Responsible Agency: Planning & Building Department and Town Council Financing Source: General Fund
ATTACHMENT 2 Page 120 of 285
1 PORTOLA VALLEY TOWN COUNCIL
RESOLUTION NO. -2023

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY ADOPTING THE 2023-2031 HOUSING ELEMENT UPDATE

AND OTHER GENERAL PLAN AMENDMENTS

REQUIRED TO CONFORM WITH THE UPDATED HOUSING ELEMENT
WHEREAS, the California Government Code Section 65300 et. seq. requires every city and county in California to adopt a General Plan for its long-range development, and further, to periodically update that Plan to reflect current conditions and issues; The Current Affordability Crisis
WHEREAS, the California legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Gov. Code Section 65589.5.); WHEREAS, the legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.” (Gov. Code Section 65589.5.);
The Town’s RHNA Allocation
WHEREAS, State Housing Element Law (Article 10.6 of Gov. Code) requires that the Town Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the Town of Portola Valley’s (Town) regional housing need allocation (RHNA) of 253 housing units, comprised of 73 very-low income units, 42 low-income units, 39 moderate-income units, and 99 above moderate-income units together with an appropriate buffer to ensure compliance with the “no net loss” requirements of Housing Element law;
Housing Element Law Requirements
WHEREAS, State law requires that the Town conduct an assessment of housing needs and prepare an inventory of resources and constraints relevant to the meeting of these needs, including analysis of population and employment trends, household characteristics, inventory of land suitable and available for residential development (Gov.

Code Section 65583(a));
ATTACHMENT 3 Page 121 of 285
2 WHEREAS, State law requires that the Town identify a zone or zones where emergency shelters are allowed as a permitted use with sufficient capacity to accommodate the need for emergency shelters identified in the assessment of housing needs (Gov. Code Section 65583(a)(4));
WHEREAS, State law requires that the Town analyze potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including for special housing needs and persons with disabilities, land use controls, fees, and permit procedures, along with efforts to remove governmental constraints (Gov. Code Section 65583(a)(5)); WHEREAS, State law requires that the Town analyze 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 identified in the sites inventory, along with local efforts to remove nongovernmental constraints (Gov. Code Section 65583(a)(6));
WHEREAS, State law requires that the Town analyze special housing needs, such as those of the 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 Section 65583(a)(7)); WHEREAS, State law requires that the Town analyze opportunities for energy conservation with respect to residential development (Gov. Code Section 65583(a)(8)); WHEREAS, State law requires that the Town analyze existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years (Gov. Code Section 65583(a)(9));
WHEREAS, State law requires that the Town prepare a statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing (Gov. Code Section 65583(b));
WHEREAS, State law requires that the Town prepare a program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, 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, the utilization of appropriate federal and state financing (Gov. Code Section 65583(c));
WHEREAS, State law requires that the Town 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 that portion of the Town’s ATTACHMENT 3 Page 122 of 285
3 share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory without rezoning (Gov. Code Section 65583(c)(1)); WHEREAS, State law requires that, where the Town identifies inadequate sites in the inventory to accommodate the need for groups of all household income levels, that the rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year Housing Element planning period, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Gov. Code Section 65585; WHEREAS, State law requires that the Town identify programs that assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households (Gov. Code Section 65583(c)(2)); WHEREAS, State law requires that the Town identify programs that 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 (Gov. Code Section 65583(c)(3));
WHEREAS, State law requires that the Town identify programs that conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action (Gov. Code Section 65583(c)(4));
WHEREAS, State law requires that the Town identify programs that 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 protected characteristics, and any other state and federal fair housing and planning law (Gov. Code Section 65583(c)(5));
WHEREAS, State law requires that the Town identify programs that preserve for lower income households the assisted housing developments that are eligible to change from low-income housing uses during the next 10 years (Gov. Code Section 65583(c)(6)); WHEREAS, State law requires that the Town develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent for very low, low-, or moderate-income households (Gov. Code Section 65583(c)(7)); WHEREAS, State law requires that the Town identify the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other General Plan Elements and community goals (Gov. Code Section 65583(c)(8));
New Affirmatively Furthering Fair Housing (AFFH) Requirements ATTACHMENT 3 Page 123 of 285
4 WHEREAS, State law requires that the Town make a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the Housing Element, and the program shall describe this effort (Gov.

Code Section 65583(c)(9));
WHEREAS, State law requires that the Town affirmatively further fair housing in accordance with Gov. Code Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2 (Gov. Code Section 65583(c)(10));
WHEREAS, State law requires that the Town include a summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity (Gov. Code Section 65583(c)(10)(A)(i)); WHEREAS, State law requires that the Town include an analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk (Gov. Code Section 65583(c)(10)(A)(ii)); WHEREAS, State law requires that the Town include an assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues (Gov. Code Section 65583(c)(10)(A)(iii)); WHEREAS, State law requires that the Town identify the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved (Gov. Code Section 65583(c)(10)(A)(iv)); WHEREAS, State law requires that the Town include strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement (Gov. Code Section 65583(c)(10)(A)(v)); WHEREAS, State law allows local government to satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters by adopting and implementing a multijurisdictional agreement (Gov. Code Section 65583(d));
Public Outreach and Review Process
WHEREAS, the Town conducted extensive community outreach over 30+ months and totaling approximately 146.5 hours over the course of 45 public meetings, including ATTACHMENT 3 Page 124 of 285
5 the following public meetings (through December 20, 2023) to discuss various aspects of the Housing Element update: 14 Town Council meetings; 12 Planning Commission meetings; 1 Joint Town Council and Planning Commission meeting; 15 Ad Hoc Housing Element Committee meetings; 2 Ad Hoc Committee of Town Committees meetings; and 2 Community-Wide meetings;
WHEREAS, the Town has submitted versions of the Housing Element to the State Department of Housing and Community Development (HCD) for review and has had multiple meetings with HCD Staff regarding provisions of the Housing Element to be modified to meet State Housing Element Law;
WHEREAS, on May 26, 2023, the Town submitted the draft Housing Element adopted by the Town Council on May 10, 2023 to the State Department of Housing and Community Development (HCD) for review;
WHEREAS, on July 25, 2023, HCD provided the Town with a comment letter on the Adopted Housing Element (Exhibit A) enumerating revisions necessary to substantially comply with the State Housing Element Law (Gov. Code § 65580 et seq).

Based on the comments provided by HCD, Town staff revised the Adopted Housing Element to include additional information and data to support the Town’s position that the proposed programs and zoning changes would be adequate to accommodate the RHNA and affirmatively further fair housing. Furthermore, Town Staff and consultants drafted revisions to the Housing Element Programs to further demonstrate the Town’s commitment to enabling housing development across all income categories. The Housing Element modifications from the previously adopted version are described in the Staff memo dated December 1, 2023 and accompanying table, as well as the List of Modifications to Housing Element Recommended by the Planning Commission on December 20, 2023, all of which are included in Exhibit B; Environmental Review Process
WHEREAS, the Town, as lead agency under the California Environmental Quality Act (“CEQA”), prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for the Housing Element, Safety Element, conforming General Plan amendments and zoning code amendments and circulated it for public review;
WHEREAS, on February 15, 2023, the Planning Commission conducted a public hearing to review the Response to Comments memorandum addressing the written and verbal comments made by Members of the Planning Commission and the public on November 16, 2022, the adequacy of the IS/MND, and the recommended text changes to the IS/MND. The Planning Commission then recommended approval of the IS/MND, updated Response to Comments, and included additional recommendations to the Town Council that were noted in the approval resolution;
WHEREAS, on March 29, 2023, the Town Council conducted a public hearing on the IS/MND and adopted Resolution No. 2922-2023 adopting the IS/MND, the Updated ATTACHMENT 3 Page 125 of 285
6 Response to Comments and Text Changes, and the Mitigation Monitoring and Reporting Program (MMRP) (as updated at the March 22 and 29, 2023 public hearings); WHEREAS, none of the minor modifications to the Housing Element Update and conforming General Plan Amendments require subsequent or supplemental environmental analysis under CEQA described in Public Resources Code Section 21166 and CEQA Guidelines Section 15162. None of the following triggers have occurred: a substantial change to the project; a substantial change to the circumstances under which the project is being undertaken, or new information, which was not known and could not have been known at the time the environmental analysis was completed, becomes available. Therefore, the IS/MND adopted on March 29, 2023 remains valid; Conforming General Plan Amendments
WHEREAS, on November 30, 2022, the Planning Commission discussed amendments to the General Plan required to conform with the Housing Element.

WHEREAS, these programs included: the creation of a new “Gateway” district that allows affordable housing, recreation, and open space; the creation of two new multifamily land use classifications allowing up to four and 20 dwelling units per acre, respectively; an “opt-in” overlay provision permitting limited single family homes to voluntarily upzone to up to 4 units (not to exceed a townwide total of 12 units), and a new mixed-use land use classification to allow for up to six dwelling units per acre. These changes will require relatively minor conforming updates to the Land Use Element, the Nathhorst Triangle Plan, and corresponding maps/diagrams; WHEREAS, on November 30, 2022, the Planning Commission also discussed the need to update the Alpine Scenic Corridor Plan to clarify that any new development along the Alpine Scenic Corridor should be designed to respect the Plan’s scenic principles and provide sufficient setback for the use of Alpine Road as a major evacuation corridor. The Planning Commission also discussed that the Land Use Element be updated to remove outdated, impermissible limits on household composition; WHEREAS, on March 6, 2023, the Planning Commission further discussed amendments to the General Plan required to conform with the Housing Element as required for general plan consistency and on May 10, 2023, the Town Council approved Resolution 2926-2023 approving General Plan Amendments required to conform to with the Housing Element including the changes described above; WHEREAS, after revisions to the Housing Element Update had been drafted to address HCD comments, on December 20, 2023, the Planning Commission reviewed additional amendments to the General Plan to conform with the modified 2023-2031 Housing Element Update. These additional amendments included:
• Changes to the Comp Plan Diagram:
o Changes to the Legend:
▪ Updated Mixed Use to be 3-6 du/ac
ATTACHMENT 3 Page 126 of 285
7 ▪ Updated Medium Multi-Family to be 20-23 du/ac
▪ Added “Low” and “Medium” to the Multi-Family categories for clarity ▪ Updated Gateway to be 20-23 du/ac
o Changed 4394 Alpine Rd to be the Mixed Use color on the map • Changes to the Nathhorst Triangle Diagram:
o Changed 4394 Alpine Rd to be Mixed Use pattern on the map o Legend:
▪ Updated Mixed Use to be 3-6 du/ac
▪ Removed Multi-Family
• Amendments to the Land Use Element:
o Residential Category Table:
▪ Revised intensity of dwelling units per acre to be 20-23 du/ac for Multi-Family – Medium
▪ Revised intensity of dwelling units per acre to be 3-6 du/ac for Mixeduse ▪ Revised intensity of dwelling units per acre to be 20-23 du/ac for Gateway
o Changed text for 2106.2 Multi-Family – Medium description to be “no more than twenty-three dwelling units per acre.”
o Changed text for 2106.1 Gateway to be “no more than twenty-three dwelling units per acre.”
2023-2031 Housing Element Update (Draft #4)
WHEREAS, after drafting revisions to the Adopted Housing Element based on HCD’s July 25, 2023 comment letter, the Town published the modified 2023-2031 Housing Element Update (Draft #4) on the Town website on December 1, 2023 for a seven-day comment period as required by State Law and requested public comment on the final draft. The comment period started on Monday, December 4, 2023 and closed at 5:00 p.m. on Monday December 11, 2023. Seven comment letters were received from the public;
WHEREAS, at the suggestion of HCD staff, the modified 2023-2031 Housing Element Update was concurrently submitted to HCD on December 1, 2023 for their review and finding of substantial conformance with State Housing Element Law; WHEREAS, the Planning Commission held a public hearing on the Housing Element Update (Draft #4) and conforming general plan amendments on December 20, 2023, considered all public comments received, the presentation by Town staff, the staff report, and all other pertinent documents regarding the proposed request, which are incorporated by reference;
WHEREAS, the Planning Commission reviewed the 2023-2031 Housing Element Update and all pertinent maps, documents and exhibits, including HCD’s findings in Exhibit A, the Town’s response to HCD’s findings in Exhibit B, the staff report and all ATTACHMENT 3 Page 127 of 285
8 attachments, and oral and written public comments; and determined the 2023-2031 Housing Element Update to be consistent with State law and the General Plan; WHEREAS, the Planning Commission unanimously adopted Resolution xxxx-23 on December 20, 2023, recommending that the Town Council adopt the 2023-2031 Housing Element Update (Draft #4) and other General Plan Amendments required to conform with the updated Housing Element. The Planning Commission’s recommendation included several text revisions to the Housing Element Update that are detailed in Attachment 2 to the Town Council Staff Report and included in Exhibit B.

Town Council Review of Housing Element and Supporting Documents WHEREAS, on January 10, 2024, the Town Council conducted a public hearing to review the 2023-2031 Housing Element Update (Draft #4) and the Conforming General Plan Amendments;
NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby takes the following actions:

1. The Council finds that on the basis of the whole record before it, there is no substantial evidence that the adoption of the 2023-2031 Housing Element Update and the associated General Plan amendments require subsequent or supplemental environmental analysis under CEQA as described in Public Resources Code Section 21166 and CEQA Guidelines Section 15162. None of the following triggers have occurred: a substantial change to the project; a substantial change to the circumstances under which the project is being undertaken, or new information, which was not known and could not have been known at the time the environmental analysis was completed, becomes available.

The Council finds that the IS/MND adopted on March 29, 2023 remains valid.

2. The proposed 2023-2031 Housing Element Update, General Plan amendments, and the modifications recommended to the Housing Element by the Planning Commission, attached to the January 10, 2024 Town Council Staff Report as Attachments 1, 5, and 2, respectively, are hereby adopted. The 2023-2031 Housing Element Update shall supersede the existing Housing Element and the Planning and Building Director shall be authorized to incorporate the 2023-2031 Housing Element Update with the Modifications Recommended by the Planning Commission, edit for typographical errors, and submit such draft to the Department of Housing and Development (HCD) for certification.

3. The 2023-2031 Housing Element Update is necessary to implement State Housing Element law and contains all provisions required by State Housing Element Law, as provided in Government Code 65580 et seq.

4. A key principle of General Plan law is that each element in the General Plan must be consistent with one another. Therefore, to ensure consistency with the Housing Element the Town Council adopts the minor conforming amendments to other ATTACHMENT 3 Page 128 of 285
9 General Plan elements as set forth in Attachment 5 to the January 10, 2024 Town Council Staff Report.

5. The proposed General Plan amendments will not be detrimental to the public interest, convenience, and general welfare of the Town. The amendments will result in a logical placement of land uses consistent with the overall intent of the General Plan and facilitate housing development opportunities at a range of income levels and household types. The proposed General Plan amendments will facilitate the development, maintenance, and improvement of adequate and affordable housing for new and existing residents, which will be a benefit to the public.

Passed and Adopted on this 10th day of January, 2024.

By: _________________________
Mayor Sarah Wernikoff
ATTEST:
____________________________
Town Clerk
1731082.3
ATTACHMENT 3 Page 129 of 285
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
July 25, 2023
Laura Russel, Director
Planning and Building Department
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Dear Laura Russel:

RE: Town of Portola Valley’s 6th Cycle (2023-2031) Adopted Housing Element Thank you for submitting the Town of Portola Valley’s (Town) housing element adopted on May 10, 2023 and received for on May 26, 2023. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from Kevin Burke and David Kellogg pursuant to Government Code section 65585, subdivision (c).

The adopted element addresses many statutory requirements described in HCD’s November 9, 2022 review; however, revisions will be necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the Town failed to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), Program 1-1 and 1-2 (Rezoning) to rezone 106 units including 64 lower-income units to accommodate the regional housing needs allocation (RHNA) must be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the Town fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c),paragraph (1), subparagraph (A) and Government Code section 65583.2, subdivision (c) are completed.

EXHIBIT A Page 130 of 285
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.

Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities programs, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the Town will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the Town to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

We are committed to assisting the Town in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Sohab Mehmood, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
EXHIBIT A Page 131 of 285

APPENDIX

TOWN OF PORTOLA VALLEY
The following changes are necessary to bring the Town’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-community-development/housing-elements/buildingblocks and includes the Government Code addressing State Housing Element Law and other resources.

A. 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).) Income and Racial Concentration of Affluence (RCAA): While the element was revised to include some analysis on income and RCAA, the analysis must still address trends, conditions, coincidence with other fair housing factors (e.g., race, highest resource, overpayment), effectiveness or absence of past strategies (e.g., lack of publicly assisted housing and lack of multifamily zoning), local data and knowledge and other relevant factors.

2. 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 was revised to now quantify the number of seniors and large households, as found in HCD's prior review, it still needs to include a complete analysis of special needs populations. Specifically, a complete analysis of each population group should discuss challenges faced by the population, the existing resources to meet those needs (availability senior housing units, number of large units, number of deed restricted units, etc.,), an assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps.

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 EXHIBIT A Page 132 of 285
an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Progress in Meeting the Regional Housing Needs Allocation (RHNA): As you know, the Town’s RHNA may be reduced by the number of new units built since July 1, 2022, however the element must demonstrate their availability in the planning period. The element indicates 52 units including 17 lower-income units as credit towards the RHNA through the Willow Commons and Sanford Wedge projects.

HCD's prior review found that the element must demonstrate the availability of these units during the planning period. The element was revised to briefly describe the status for one of these projects indicating that an environmental impact report (EIR) has been made available to the public. However, this still does not demonstrate the likelihood that these units will be built during the planning period. To address this requirement, the element could discuss project status, schedule for completion, outreach with developments, remaining steps for projects to receive final entitlements and any other relevant information that demonstrates the availability of these units during the planning period.

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 four units per acre and a maximum of four dwelling units per lot. The Town is expecting to increase capacity by twelve units. HCD’s prior review found that the element must include an analysis of any program guidelines and processes, description of existing uses, sample parcel inventory, criteria to identify parcels, and interest from property owners and stronger programs to monitor and incentivize development. The element still should be revised, as follows:
• Development Cap – The element was revised to indicate that while 134 parcels are eligible for this program, the Town will be capping this program at 12 units during the planning period. Additionally, any approved SB9 units will count towards this cap. Please note that this cap is potentially considered a constraint on providing housing capacity, can limit the jurisdictions’ ability to promote housing mobility and is in potential conflict with SB 330 (Housing Crisis Act).

Specifically, The Housing Crisis Act of 2019 was signed by Governor Newsom on October 9, 2019 and became effective on January 1, 2020. The Housing Crisis Act (Gov. Code, § 66300) generally prohibits, among other items, a locality from enacting limits on approvals or caps population.
• Approval Process – The revised analysis indicates that the approval process will be capped at three public meetings and will require planning commission review.

The element should include additional information and analyze the approval process. Specifically, it should discuss the type of required permits needed to approve projects under this program (e.g., zoning text amendments, administrative permit). Additionally, it should analyze this process and its EXHIBIT A Page 133 of 285
interaction with SB 9. For example, while the Town is requiring planning commission hearings and possible other discretionary permits, SB 9 accomplishes a similar outcome and provides a ministerial process. The analysis should consider how this program incentivizes additional housing units beyond existing laws. As found in HCD’s prior review, the element must include a parcel inventory to demonstrate the type of parcels that may be eligible for this program.

Lastly, 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.
• Programs – The element should include programs committing to provide incentives to property owners, monitoring production and the effectiveness of this program and implementing additional actions or strategies if assumptions do not actualize during the planning period. Lastly, the element could consider stronger actions to incentivize affordable units to address affirmatively furthering fair housing (AFFH) and promote housing mobility.

Availability of Zoning: The element identified several sites that did not have appropriate zoning or densities to accommodate the RHNA. As such, the element shows a shortfall of sites to accommodate the RHNA; 106 units including 64 units for lower-income households. While the element has included programs committing to rezoning sites with the Town’s new multifamily land use designations, because zoning was not in place at the start of the planning period (January 31, 2023), the element must include a program committing to housing element rezone requirements pursuant to Government Code section 65583.2 (h) and (i). As part of these rezoning requirements, the element must commit to establishing a minimum density of 20 units per acre (GC 65583.2 (h)).

HCD’s prior review found that the element should clarify if the minimum density for the rezone is also the maximum density. The element was revised to indicate that the minimum density for the rezones will be three units per acre and the maximum density will be 20 units per acre. However, because the Town needs to comply with Government Code section 65583.2 (h) and (i), the minimum density for rezoning to accommodate the lower-income RHNA must be 20 units per acre. Additionally, to encourage and facilitate for a variety of housing types and not constrain multifamily development, the Town’s rezone strategy should provide for a range of densities (e.g., 20 to 30 units per acre).

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... (Gov. Code, § 65583, subd. (a)(5).)
EXHIBIT A Page 134 of 285
Local Processing and Permit Procedures:
• Architectural and Site Control Commission (ASCC) – HCD's prior review found that the element must describe the design criteria, approval procedures, and decision-making criteria for the ASCC. The element was revised to indicate that multifamily housing with lower-income units will not be subjected to this process and market rate multifamily will only be subject to discretionary review design review. However, as noted in HCD's prior review, the element still needs to identify any decision-marking criteria (e.g., approval findings) and analyze these requirements for impacts on timing, feasibility, and approval certainty. Based on a complete analysis, the element may need to add or modify programs to address this constraint.
• Affiliated Housing Program – The element was revised to indicate that this program has been typically implemented through the housing element and the conditional use permit (CUP) findings are generally related to site suitability, safety, and harmony. However, as found in HCD's prior review, the element still must identify and analyze the complete approval process. For example, the element should discuss how projects proposed under this program are approved including typical development standards, specific findings, and approval criteria for the CUP, standards that are required to opt-in to the program, and other requirements that impact the feasibility of development on these sites. • Local Processing and Permit Procedures – The element should address public comments on this revised draft submittal and discuss compliance with the Permit Streamlining Act and intersections with CEQA and timing requirements, including streamlining determinations and add or modify programs as appropriate.

Zoning, Development Standards and Fees: The element was not revised to address this requirement. 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.

Constraints on Housing for Persons with Disabilities:
• Reasonable Accommodation – The element was revised to indicate that it needs to update the Town definition of family as part of the reasonable accommodation procedure. However, as found in HCD’s prior review, the element must describe the process and decision-making criteria such as approval findings and analyze any potential constraints on housing for persons with disabilities. • Group Homes of Seven or More Persons - The element was revised to include Program 8-10 committing to allowing these uses with a conditional use permit and objective standards. However, the element should clarify if these uses are EXHIBIT A Page 135 of 285
only subject to those restrictions that apply to similar residential uses. Based on a complete analysis, the element may need to modify programs to address any constraints.

5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… …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 was not revised to address this requirement. As found in HCD's prior review, 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.

B. Housing Programs

1. 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 that portion of the city’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, factory-built 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 A3, 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. In addition, the element should be revised as follows:

Shortfall of Sites: – As noted above because zoning was not in place at the start of the planning period, the Town is showing a shortfall of 106 units including 64 units for lowerincome households.

EXHIBIT A Page 136 of 285
While the element included Programs 1-1 and 1-2 committing to rezoning to allow residential uses at appropriate densities to accommodate the RHNA, programs to address the lower-income RHNA must specifically commit to rezoning pursuant to Government Code section 65583.2, subdivisions (h) and (i). Examples of requirements include permitting, without discretionary action, multifamily developments in which 20 percent or more of the units are affordable to lower-income households, requiring minimum densities and residential performance standards.

Additionally, since the Town failed to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), rezones to accommodate the RHNA must be completed no later than one year from the statutory deadline.

Programs 7-1 through 7-8: Accessory Dwelling Units (ADU): – The element was revised to strengthen several programs under Policy 7 – Promote ADUs. The element included actions to monitor ADU production and if assumptions are not met, initiate additional actions including expedited plan check and waiving fees. However, given the Town’s reliance on ADUs and as found in HCD’s prior review, the element must include a commitment to adjusting projected assumptions if the number of units and affordability do not actualize during the planning period. Specifically, 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 the element must commit to amending the housing element, identifying additional sites, and rezoning within a timely manner (e.g., within six months).

Program 8-3: Emergency Shelters: – This Program includes a commitment to amend the zoning code to require on-site parking for all staff working in an emergency shelter.

However, this Program should include a specific commitment to comply with AB139/Government Code section 65583, subdivision (a)(4)(A) which requires that parking for emergency shelters should only be the number of spaces necessary for staff working in the shelter and no more than other uses in the same zones.

Programs 1-4, 3-2 and 4-2: 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. As found in HCD’s prior review, the element must 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. While the element committed to establishing development standards; providing flexibility to those standards; conducting outreach and promoting technical assistance; the element still needs to include programs committing to monitoring the effectiveness of these efforts and stronger incentives to promote affordability.

Dorothy Ford Park and Open Space Housing Site: – This site is an integral part of the addressing the Town’s lower-income RHNA. Specifically, this site is accommodating roughly half of the Town’s lower-income RHNA. Additionally, this site is owned by the EXHIBIT A Page 137 of 285
Town, therefore providing the Town a unique opportunity to provide much needed affordable housing. As such, the element needs to include significant actions to facilitate and encourage development on this site. The element should include a program with numerical objectives that ensures compliance with the Surplus Land Act, provides incentives and actions along with a schedule to facilitate development of this site.

Actions should include outreach with developers, issuing requests for proposals, incentives, fee waivers, priority processing and financial assistance.

2. 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 moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) The element indicated that the Town will require set aside units for extremely low income (ELI) households within the Dorothy Ford Site. However, the element must include specific actions to meaningfully address ELI households. As found in HCD's prior review, 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.

3. 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. (c)(3).) As noted in Finding(s) A4 and A5, 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.

In addition, while Program 4-1 (Parking Requirements) was revised with an updated program timeline, as found in HCD's prior review, this Program should be revised to include specific details regarding the new parking requirements for affordable housing.

4. The Housing Element shall include programs to conserve and improve the condition of the existing affordable housing stock. (Gov. Code, § 65583, subd. (c)(4).) HCD’s prior review found that the element must include programs to conserve and improve the condition of the housing stock. The element was revised to reference the Town’s ADU programs and indicated that the Town does not have a need for programs related to these issues. However, the housing needs assessment indicated that approximately ten units may require rehabilitation, but owners lack the discretionary EXHIBIT A Page 138 of 285
income to fund these improvements. As found in HCD’s prior review, the element still should include programs to conserve and improve the housing stock. Strategies could include providing grants for substantial rehabilitation, provide matching grants for homeowner improvements, or implement proactive code enforcement program with resources.

5. 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... (Gov. Code, § 65583, subd. (c)(5).)
Goals, Priorities, Metrics, and Milestones: – While the element was revised to indicate that the Town’s fair housing actions include programs related to ADU, inclusionary housing and other efforts related to the RHNA, this generally does not address HCD’s prior review.

The assessment of fair housing demonstrated that that the Town along with its neighbors is entirely highest resourced, highest income, and wholly a RCAA, a stark contrast to the rest of the region. Additionally, the element identified majority of its RHNA at the edges of the Town. These conditions and circumstances warrant significant and robust actions (not limited to the RHNA) to promote housing mobility and increasing housing choices and affordability throughout and beyond the Town, including in lower-density neighborhoods. The element should be revised with aggressively numeric targets and geographic targets throughout the Town, including lower-density neighborhoods. Examples include creating more housing choices and affordability in single-family neighborhoods beyond complying with law (e.g., SB 9, ADUs), targeting affordable housing funding, homesharing programs, more than one junior accessory dwelling unit (per single family structure, enhancing capacity, affordability, and housing choices on religious institutional sites beyond the RHNA and other alternative land use strategies. Lastly, the element must be revised to include quantified metrics (beyond the RHNA) programs focused on housing mobility and increased housing opportunities and affordability.

EXHIBIT A Page 139 of 285
_______________________________________________________________________ TO: Town Council
Planning Commission
Ad Hoc Housing Element Committee
Town Committees
Town Residents
FROM: Jon Biggs, Interim Planning & Building Director
DATE: December 1, 2023
RE: Revised Housing Element Release Notice
The modified 2023-2031 Portola Valley Housing Element (HE), for HCD review, is now available for review by the community.

This version of the HE incorporates changes made in response to the July 25, 2023 letter submitted to the Town by the California Department of Housing and Community Development (HCD) that are necessary to bring the HE into substantial compliance with State Housing Element Law.

The modifications reflected in this redlined version of the HE, are the efforts of the Town’s HE consultant team and Town staff, who have engaged with HCD staff in an on-going effort to craft a HE that reflects the uniqueness of Portola Valley yet is compliant with State Housing Element Law requirements. A complete matrix that summarizes the comments from HCD and the proposed responses is also available along with the HE.

This HE is being scheduled for consideration by the Town’s Planning Commission at its December 20, 2023 meeting. The Planning Commission will review the HE and develop a recommendation to Town Council on whether to adopt the HE. It is anticipated the Town Council will consider the HE in January 2024.

In parallel, and at the suggestion of HCD staff, this version of the HE is also being submitted to HCD to begin its review. HCD will provide feedback so the Commission and Council will know if the revisions to the HE comply with State Housing Element Law.

MEMORANDUM

TOWN OF PORTOLA VALLEY
EXHIBIT B Page 140 of 285
Revised Housing Element Release Notice
December 1, 2023

Housing Elements adopted after January 31, 2024, cannot be certified until all required rezonings are completed. Housing Elements adopted prior to that date have some additional flexibility for completing any necessary rezonings. Early HCD review of the HE will provide an opportunity to approve the revised HE prior to January 31, 2024.

Public Comments
As required by state law, the updated HE is being made available for a seven (7) day public comment period, during which the community may submit comments on the HE that will be provided to HCD. This seven (7) day public review period starts on Monday, December 4, 2023 and ends at 5:00 pm on Monday, December 11, 2023. All comments received during this review period will be submitted to HCD by the Town. You may submit comments either in person, my postal mail, or electronically:

1. In person – please visit Town Hall during normal business hours; Monday through Friday 8:00 AM to 5:00 PM. Town Hall is located at 765 Portola Road, Portola Valley, CA 94028

2. By mail – please include “Draft Housing Element Comments” in the address line of the envelope. Mail to Town Hall (see address above)

3. Electronically – please email [email protected] or submit a comment through the “Submit a comment for the Housing Element” button located on the top of the Housing Element Update webpage: https://www.portolavalley.net/housingelement If attaching documents to your comments, please ensure all attachments are in PDF format and are no larger than 1 GB in size. You may consider dropping off larger documents to Town Hall if necessary.

Comments on the HE may also continue to be submitted to the Town during its review of the HE at public hearings in front of the Town’s Planning Commission and Town Council per the above submission instructions. All Comments submitted for HCD consideration will also be provided to the Town’s decision-making bodies.

Next Steps:
• Wednesday, December 20, 2023 – Planning Commission
• Town Council hearing date is to be determined
Thank you for your interest in the Town’s HE. To stay up to date on the process, sign up for eNotices and select “Housing News”

EXHIBIT B Page 141 of 285
HCD COMMENTS ON DRAFT PORTOLA VALLEY ADOPTED HOUSING ELEMENT (DATED 7/25/23) (Changes to Programs shown in double underline and strikethrough text) 1 Comment
Number Comment Town Response
A1 A. 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).) Income and Racial Concentration of Affluence (RCAA): While the element was revised to include some analysis on income and RCAA, the analysis must still address trends, conditions, coincidence with other fair housing factors (e.g., race, highest resource, overpayment), effectiveness or absence of past strategies (e.g., lack of publicly assisted housing and lack of multifamily zoning), local data and knowledge and other relevant factors.

Appendix C, Assessment of Fair Housing was updated with the following information:
 A “Zoning and Land Use Patterns” section with local data and knowledge highlighting the Town’s lack of multifamily zoning which has largely contributed to low-density housing, higher median incomes and home values, and limited racial and ethnic diversity.

A2 2. 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 was revised to now quantify the number of seniors and large households, as found in HCD's prior review, it still needs to include a complete analysis of special needs populations. Specifically, a complete analysis of each population group should discuss challenges faced by the population, the existing resources to meet those needs (availability senior housing units, number of large units, number of deed restricted units, etc.,), an assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps.

Section 2, Housing Needs was updated with the availability of senior housing, number of large units, and the lack of deed restricted units. References were added to programs in the Housing Element that will address gaps in resources for special needs populations.

A3.1 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).) Progress in Meeting the Regional Housing Needs Allocation (RHNA): As you know, the Town’s RHNA may be reduced by the number of new units built since July 1, 2022, however the element must demonstrate their availability in the planning period. The element indicates 52 units including 17 lower-income units as credit towards the RHNA through the Willow Commons and Stanford Wedge projects.

HCD's prior review found that the element must demonstrate the availability of these units during the planning period. The element was revised to briefly describe the status for one of these projects indicating that an environmental impact report (EIR) has been made available to the public. However, this still does not demonstrate the likelihood that these units will be built during the planning period.

To address this requirement, the element could discuss project status, schedule for completion, outreach with developments, remaining steps for projects to receive final entitlements and any other relevant information that demonstrates the availability of these units during the planning period.

Additional information about the project status for both Willow Commons and Stanford Wedge was added to Section 6, Adequate Sites. To address HCD’s concern about the likeness of the availability of these units during the planning period, Program 5-3 was added to further the Town’s commitment to these projects getting built during the planning period.

Program 5-3: Facilitate and support pipeline projects during the planning period by working with applicants to ensure reviews are done in a timely manner and technical assistance is provided as needed and public meetings limitations are followed, as required by SB 330. And as needed, provide incentives or additional assistance like expediting project review, supporting funding applications, and working to avoid unnecessary delays in processing of the applications.

Quantified Objective/Metric: 50 units constructed by end of planning period.

Geographic Targeting: Stanford Wedge Pending Project and Willow Commons Approved Project
Project Time Frame: 50 units constructed by January 2031 Responsible Agency: Planning & Building Department
Financing Source: General Fund
A3.2 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 four units per acre and a maximum of four dwelling units per lot. The Town is expecting to increase capacity by twelve units. HCD’s prior review found that the element must include an analysis of any program guidelines and processes, description of existing uses, sample parcel inventory, criteria to identify parcels, and interest from property owners and stronger programs to monitor and incentivize development. The element still should be revised, as follows:
 Development Cap – The element was revised to indicate that while 134 parcels are eligible for this program, the Town will be capping this program at 12 units during the planning period. Additionally, any approved SB9 units will count towards this cap. Please note that this cap is potentially considered a constraint on providing housing capacity, can limit the jurisdictions’ ability to promote housing mobility and is in potential conflict with SB 330 (Housing Crisis Act). Specifically, The Housing Crisis Act of 2019 was signed by Governor Newsom on October 9, 2019 and became effective on January 1, 2020. The Housing Crisis Act (Gov. Code, § 66300) generally prohibits, among other items, a locality from enacting limits on approvals or caps population.  Approval Process – The revised analysis indicates that the approval process will be capped at three public meetings and will require planning commission review. The element should include additional information and analyze the approval process. Specifically, it should discuss the type of required permits needed to approve projects under this program (e.g., zoning text amendments, administrative permit). Additionally, it should analyze this process and its interaction with SB 9. For example, while the Town is requiring planning commission hearings and possible other discretionary permits, SB 9 accomplishes a similar outcome and provides Program 1.3 was modified to be a Pilot Program and strengthened the monitoring for production and effectiveness. Furthermore, the Opt-in Rezoning Program is no longer part of the Sites Inventory. (These units were offset by adding 10 above moderate income ADUs to the Sites Inventory). As such, this program now only addresses AFFH goals to encourage greater housing mobility in lower density neighborhoods.

Program 1-3: Create a new Opt-In Housing Diversification Pilot Program that allows property owners with sites one acre or greater to develop up to 4 dwelling units per acre, with a maximum of 4 dwelling units per lot, if they meet the following safety criteria:
 Accessible to two ways of ingress and egress,
 Located on a slope less than 30%,
 Outside of a very high fire hazard severity zone,
 Outside of a fault zone, and
 Outside of areas identified with unstable soils or at risk of landslide or liquefaction.

Interested property owners would respond to a call for projects and go before Planning Commission to demonstrate all safety criteria would be met. Subsequently, the Architectural Site Control Commission (ASCC) would review the planning application for EXHIBIT B Page 142 of 285
HCD COMMENTS ON DRAFT PORTOLA VALLEY ADOPTED HOUSING ELEMENT (DATED 7/25/23) (Changes to Programs shown in double underline and strikethrough text) 2 Comment
Number Comment Town Response
a ministerial process. The analysis should consider how this program incentivizes additional housing units beyond existing laws. As found in HCD’s prior review, the element must include a parcel inventory to demonstrate the type of parcels that may be eligible for this program. Lastly, 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.
 Programs – The element should include programs committing to provide incentives to property owners, monitoring production and the effectiveness of this program and implementing additional actions or strategies if assumptions do not actualize during the planning period. Lastly, the element could consider stronger actions to incentivize affordable units to address affirmatively furthering fair housing (AFFH) and promote housing mobility.
compliance with a set of objective design standards. The Town will evaluate the effectiveness of this program by mid-cycle, including making modifications to encourage the units, and whether the program has achieved or is making progress towards supporting construction of 12 above moderate units to address AFFH goals. If this program is successful in achieving this goal of 12 units by 2031, the Town could discontinue unless otherwise directed by Town Council.

Quantified Objective/Metric: Develop objective design standards and issue call for projects to support construction of 12 above-moderate units.

Geographic Targeting: Low-density neighborhoods
Time Frame: Develop objective standards by June 2025. Issue calls for projects in September 2025. Evaluate program effectiveness by December 2027.

Responsible Agency: Planning & Building Department and Town Council Financing Source: General Fund
A3.3 Availability of Zoning: The element identified several sites that did not have appropriate zoning or densities to accommodate the RHNA.

As such, the element shows a shortfall of sites to accommodate the RHNA; 106 units including 64 units for lower-income households.

While the element has included programs committing to rezoning sites with the Town’s new multifamily land use designations, because zoning was not in place at the start of the planning period (January 31, 2023), the element must include a program committing to housing element rezone requirements pursuant to Government Code section 65583.2 (h) and (i). As part of these rezoning requirements, the element must commit to establishing a minimum density of 20 units per acre (GC 65583.2 (h)).

HCD’s prior review found that the element should clarify if the minimum density for the rezone is also the maximum density. The element was revised to indicate that the minimum density for the rezones will be three units per acre and the maximum density will be 20 units per acre. However, because the Town needs to comply with Government Code section 65583.2 (h) and (i), the minimum density for rezoning to accommodate the lower-income RHNA must be 20 units per acre. Additionally, to encourage and facilitate for a variety of housing types and not constrain multifamily development, the Town’s rezone strategy should provide for a range of densities (e.g., 20 to 30 units per acre).

The new multifamily zoning district was revised to require a minimum 20 units per acre and a maximum of 23 dwelling units per acre as shown in Program 1-1b (see also Rezoning Program subsection in Section 6, Adequate Sites).

A4.1 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... (Gov. Code, § 65583, subd. (a)(5).) Local Processing and Permit Procedures:
 Architectural and Site Control Commission (ASCC) – HCD's prior review found that the element must describe the design criteria, approval procedures, and decision-making criteria for the ASCC. The element was revised to indicate that multifamily housing with lower-income units will not be subjected to this process and market rate multifamily will only be subject to discretionary review design review. However, as noted in HCD's prior review, the element still needs to identify any decision-marking criteria (e.g., approval findings) and analyze these requirements for impacts on timing, feasibility, and approval certainty. Based on a complete analysis, the element may need to add or modify programs to address this constraint.  Affiliated Housing Program – The element was revised to indicate that this program has been typically implemented through the housing element and the conditional use permit (CUP) findings are generally related to site suitability, safety, and harmony. However, as found in HCD's prior review, the element still must identify and analyze the complete approval process. For example, the element should discuss how projects proposed under this program are approved including typical development standards, specific findings, and approval criteria for the CUP, standards that are required to opt-in to the program, and other requirements that impact the feasibility of development on these sites.
 Local Processing and Permit Procedures – The element should address public comments on this revised draft submittal and discuss compliance with the Permit Streamlining Act and intersections with CEQA and timing requirements, including streamlining determinations and add or modify programs as appropriate.

Architectural and Site Control Commission (ASCC): The Town has an existing Program 1-1c to create Objective Design Standards and the ASCC will need to use them for decision-making criteria. Text was added to the ASCC Review Process in Section 4, Constraints clarifying the ASCC will review multifamily developments to determine if they are consistent with Objective Design Standards. Program 1-1c was also modified to reference Objective Design Standards will be used for the Affiliated Housing Program to demonstrate greater approval certainty:

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. This program helps to address fair housing contributing factors relating to a lack of zoning for anything other than single family homes. As part of developing ODS, these standards will be used for the Affiliated Housing program (among others) and the Town will ensure they promote certainty and objectivity, and be limited to health, safety, and objective design standards.

Affiliated Housing Program: Section 5, Resources was modified to include new objective findings for the Affiliated Housing Program:

1. The project complies with the requirements of the objective design standards and any other applicable objective standard established with adopted Town plans and documents;

2. There are adequate infrastructure and public services available to serve the proposed development, including sewerage, water, fire and police protection, storm drainage facilities, and legal access to the lot;

3. The proposed development is on a legally created lot; and EXHIBIT B Page 143 of 285
HCD COMMENTS ON DRAFT PORTOLA VALLEY ADOPTED HOUSING ELEMENT (DATED 7/25/23) (Changes to Programs shown in double underline and strikethrough text) 3 Comment
Number Comment Town Response

4. The project complies with mitigation measures of any applicable environmental document.

Local Processing and Permit Procedures: Section 4, Constraints, was updated with information about the Town’s environmental review process and a new Program 5-4 was added to ensure continued compliance with timeframes of CEQA and the Permit Streamlining Act:

Program 5-4: The Town shall initiate a standard operating procedure wherein the Planning & Building Director determines if a project is exempt from CEQA within 30 days after deeming a development application complete. The 30-day timeframe is required by Public Resources Code 21080.2. In the event a project is found to be exempt from CEQA, then provisions of the Permit Streamlining Act shall apply, and the application shall be processed within 60 days (Gov. Code 65950(a)(5)).

Quantified Objective/Metric: Continue to track project processing to ensure that an environmental determination is made pursuant to Public Resources Code 21080.1, within the timeframes of the Public Resources Code 21080.2 and Gov. Code 65950(a)(5) (e.g., State law).

Time Frame: Ongoing
Responsible Agency: Planning & Building Department
Financing Source: General Fund
A4.2 Zoning, Development Standards and Fees: The element was not revised to address this requirement. 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.

The Town’s website will be updated to satisfy new transparency requirements prior to Housing Element certification.

A4.3 Constraints on Housing for Persons with Disabilities:
 Reasonable Accommodation – The element was revised to indicate that it needs to update the Town definition of family as part of the reasonable accommodation procedure. However, as found in HCD’s prior review, the element must describe the process and decision-making criteria such as approval findings and analyze any potential constraints on housing for persons with disabilities.  Group Homes of Seven or More Persons - The element was revised to include Program 8-10 committing to allowing these uses with a conditional use permit and objective standards. However, the element should clarify if these uses are only subject to those restrictions that apply to similar residential uses. Based on a complete analysis, the element may need to modify programs to address any constraints.

Reasonable Accommodation: Historically the Town has approved reasonable accommodation requests at a staff level and no requests have been denied. The approval findings and more information about the process was added to Section 5, Resources.

Program 8-1 was also modified as follows:

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 review approval findings for objectivity and make any necessary revisions with other zoning code amendments and rezonings in March 2024. 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.

Group Homes of Seven or More Persons: Program 8-10 was modified to clarify these uses are only subject to objective findings in single-family zones.

A5 5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… …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 was not revised to address this requirement. As found in HCD's prior review, 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.

As described in Section 4, Constraints, the length of time between application approval and building permit is 31-43 days. Furthermore, the Town has no history of multi-family projects except those under the Affiliated Housing Program (which has no minimum density), so the density is determined by what is requested.

EXHIBIT B Page 144 of 285
HCD COMMENTS ON DRAFT PORTOLA VALLEY ADOPTED HOUSING ELEMENT (DATED 7/25/23) (Changes to Programs shown in double underline and strikethrough text) 4 Comment
Number Comment Town Response
B1.1 B. Housing Programs

1. 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 that portion of the city’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, factory-built 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 A3, 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. In addition, the element should be revised as follows:

Shortfall of Sites: – As noted above because zoning was not in place at the start of the planning period, the Town is showing a shortfall of 106 units including 64 units for lower-income households.

While the element included Programs 1-1 and 1-2 committing to rezoning to allow residential uses at appropriate densities to accommodate the RHNA, programs to address the lower-income RHNA must specifically commit to rezoning pursuant to Government Code section 65583.2, subdivisions (h) and (i). Examples of requirements include permitting, without discretionary action, multifamily developments in which 20 percent or more of the units are affordable to lower-income households, requiring minimum densities and residential performance standards.

Additionally, since the Town failed to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), rezones to accommodate the RHNA must be completed no later than one year from the statutory deadline.

Noted, we now have sites zoned at 20 du/ac minimum and understand the deadline is to complete rezonings prior to mid-2024. In addition, Program 1-7 was added to address the lower-income RHNA and specifically commit to rezoning:

Program 1-7: Rezone sites as identified within Section 6, Adequate Sites to accommodate 272 residential units, representing the Town’s RHNA of 253 units and an 8 percent buffer to allow for compliance with No Net Loss Provisions of SB 166. The rezonings will support housing development at the following income levels:
 VLI: 86
 LI: 45
 MI: 42
 AMI: 99
This program is in compliance with Govt Code section 65583.2 (H) and (I).

Geographic Targeting: Townwide
Time Frame: Rezone 73.6 acres to allow for 272 residential units by March 2024 Responsible Agency: Planning & Building Department
Financing Source: General Fund
B1.2 Programs 7-1 through 7-8: Accessory Dwelling Units (ADU): – The element was revised to strengthen several programs under Policy 7 – Promote ADUs. The element included actions to monitor ADU production and if assumptions are not met, initiate additional actions including expedited plan check and waiving fees. However, given the Town’s reliance on ADUs and as found in HCD’s prior review, the element must include a commitment to adjusting projected assumptions if the number of units and affordability do not actualize during the planning period. Specifically, 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 the element must commit to amending the housing element, identifying additional sites, and rezoning within a timely manner (e.g., within six months).

Modified Programs 7-6 and 7-7:

Program 7-6: Develop an affordable ADU rental program that matches low-income 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. This program helps to address fair housing contributing factors relating to a lack of affordable housing.

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).

If trends indicate a potential substantial shortfall in meeting the estimated ADUs in the sites inventory, consider additional efforts to incentivize ADU production and reassess and revise the overall sites strategy for the RHNA by 2027 through adjusting ADU capacity assumptions with actual permitted units, and/or identifying additional sites for consideration to expand site capacity to the extent necessary to accommodate the RHNA.

Quantified Objective/Metric: Reach out to HIP Housing to match displaced tenants located outside of Portola Valley. Develop 28 ADUs as affordable to “very low-income” households and another 28 as affordable to “low-income” households. Assess ADU/JADU production every 2 years. If not meeting RHNA goals, provide additional incentives.

Geographic Targeting: Low-density neighborhoods
Time Frame: Develop program by May 2024. Assess ADU production every 2 years in March beginning in 2025.

Responsible Agency: Town staff
Financing Source: Affordable Housing Trust Fund
EXHIBIT B Page 145 of 285
HCD COMMENTS ON DRAFT PORTOLA VALLEY ADOPTED HOUSING ELEMENT (DATED 7/25/23) (Changes to Programs shown in double underline and strikethrough text) 5 Comment
Number Comment Town Response
Program 7-7: Prepare pre-approved preliminary plans for ADUs and JADUs that are made available to property owners. These pre-approved 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.

If trends indicate a potential substantial shortfall in meeting the estimated ADUs in the sites inventory, consider additional efforts to incentivize ADU production and reassess and revise the overall sites strategy for the RHNA by 2027 through adjusting ADU capacity assumptions with actual permitted units, and/or identifying additional sites for consideration to expand site capacity to the extent necessary to accommodate the RHNA.

Quantified Objective/Metric: Establish pre-approved ADU and JADU plans. Develop 28 ADUs affordable to “moderate-income” households and 8 ADUs to “above moderateincome” households. Assess ADU/JADU production every 2 years. If not meeting RHNA goals, provide expedited plan check and meet with property owners two times per year.

Geographic Targeting: Low-density neighborhoods
Time Frame: Establish plans by June 2024. Assess ADU/JADU production every 2 years in March beginning in 2026.

Responsible Agency: Town staff
Financing Source: Affordable Housing Trust Fund
B1.3 Program 8-3: Emergency Shelters: – This Program includes a commitment to amend the zoning code to require on-site parking for all staff working in an emergency shelter. However, this Program should include a specific commitment to comply with AB139/Government Code section 65583, subdivision (a)(4)(A) which requires that parking for emergency shelters should only be the number of spaces necessary for staff working in the shelter and no more than other uses in the same zones.

Modified Program 8-3 to comply with AB139 to state that parking for emergency shelters be the number of spaces necessary for staff working in the shelter and no more than other uses in the same zones.

B1.4 Programs 1-4, 3-2 and 4-2: 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. As found in HCD’s prior review, the element must 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. While the element committed to establishing development standards; providing flexibility to those standards; conducting outreach and promoting technical assistance; the element still needs to include programs committing to monitoring the effectiveness of these efforts and stronger incentives to promote affordability.

Modified Program 1-4 that the Town will work with property owners, do outreach, provide additional incentives, if necessary.

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 and to establish the parameters and process for the Affiliated Housing program, including objective development standards and affordability requirements. To facilitate development under the Affiliated Housing program, the Town will work with property owners and mMaintain annual communication with program members to assess their progress and provide technical assistance. By mid-way through the RHNA cycle (2027), if trends indicate a potential shortfall in meeting the estimated units in the Sequoia Housing Site and Christ Church Site, the Town will consider additional efforts to incentivize the Affiliated Housing program to accommodate the RHNA.

Quantified Objective/Metric: Update the zoning code to include a combining district (overlay zone) and apply that district to six initial properties to facilitate the construction of 39 units.

Geographic Targeting: Townwide
Time Frame: Zoning code amendments to codify the program will be completed by early 2023.

Responsible Agency: Planning & Building Department and Town Council EXHIBIT B Page 146 of 285
HCD COMMENTS ON DRAFT PORTOLA VALLEY ADOPTED HOUSING ELEMENT (DATED 7/25/23) (Changes to Programs shown in double underline and strikethrough text) 6 Comment
Number Comment Town Response
Financing Source: General Fund
B1.5 Dorothy Ford Park and Open Space Housing Site: – This site is an integral part of the addressing the Town’s lower-income RHNA.

Specifically, this site is accommodating roughly half of the Town’s lower-income RHNA. Additionally, this site is owned by the Town, therefore providing the Town a unique opportunity to provide much needed affordable housing. As such, the element needs to include significant actions to facilitate and encourage development on this site. The element should include a program with numerical objectives that ensures compliance with the Surplus Land Act, provides incentives and actions along with a schedule to facilitate development of this site. Actions should include outreach with developers, issuing requests for proposals, incentives, fee waivers, priority processing and financial assistance.

Modified Program 3-1 to add numerical objectives and ensure compliance with the Surplus Land Act:

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 Park and Open Space site in partnership with an affordable housing developer.  Maintain compliance Comply with provisions of the Surplus Land Act (Assembly Bill 1486- Ting, 2019) throughout the Housing Element period.  Establish and implement incentives to facilitate housing development including outreach with affordable housing developers, reduced development fees (partially using the Town’s existing Affordable Housing Trust Fund, if necessary), and priority processing.
 Potentially ground lease the site to the housing developer at a nominal rate.  Consider improvements to the baseball field as part of the site planning process.  Consider collaboration with Ladera Church to integrate their site into the Town’s affordable housing project.
 Establish an RFP process and solicit developers by January 2026.  If the Town receives appropriate responses to the RFP, then it will take these two steps:
o Target Exclusive Negotiating Agreement by Winter 2027 o Target land use entitlements issuance by Spring 2028
Quantified Objective/Metric: Meet with Ladera Church in June 2024. Begin site planning process and outreach with affordable housing developers in May 2025. Issue Request for Proposals to affordable housing developers by January 2026. Develop 50 very lowincome units developed.

Geographic Targeting: Dorothy Ford Park and Open Space and Ladera Church sites.

Time Frame: Issue RFP by January 2026.

Responsible Agency: Planning & Building Department
Financing Source: General Fund and Affordable Housing Trust Fund B2 2. 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).) The element indicated that the Town will require set aside units for extremely low income (ELI) households within the Dorothy Ford Site.

However, the element must include specific actions to meaningfully address ELI households. As found in HCD's prior review, 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 Program 2-4 with specific actions to meaningfully address ELI households:

Program 2-4: The Town understands the need to encourage and facilitate housing development for households earning 30% or less of the median family income. The Town will encourage development of housing for extremely low-income households through a variety of activities that include:
 Reach out to affordable housing developers.
 Reduce development fees (partially using the Town’s existing Affordable Housing Trust Fund, if necessary and as available).
 Provide priority processing.
 Assist applicants with identifying grant and funding opportunities.  Provide technical assistance to the extent possible.

Quantified Objective/Metric: 50 very low-income units developed.

Geographic Targeting: Townwide
Time Frame: Ongoing; as projects are processed by the Planning & Building Department.

By January 2026, reach out to affordable housing developers, and review and prioritize local funding at least twice in the planning period, and support expediting applications on an ongoing basis.

Responsible Agency: Planning & Building Department
Financing Source: General Fund and Affordable Housing Trust Fund B3 3. 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. (c)(3).) Modified Program 4-1 to mitigate potential parking constraints for multifamily housing and include more specific details for affordable housing parking requirements:

EXHIBIT B Page 147 of 285
HCD COMMENTS ON DRAFT PORTOLA VALLEY ADOPTED HOUSING ELEMENT (DATED 7/25/23) (Changes to Programs shown in double underline and strikethrough text) 7 Comment
Number Comment Town Response
As noted in Finding(s) A4 and A5, 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.

In addition, while Program 4-1 (Parking Requirements) was revised with an updated program timeline, as found in HCD's prior review, this Program should be revised to include specific details regarding the new parking requirements for affordable housing.

Program 4-1: Create new parking requirements for multifamily affordable housing based on best practices and local conditions including but not limited to mirroring the State Density Bonus Law (including zero parking spaces per unit for 100% supportive housing projects). The Town will ensure new parking requirements will not act as a potential constraint to new development.

Quantified Objective/Metric: Adopt code amendments.

Geographic Targeting: Townwide
Time Frame: Adopt prior to mid-2024 October 2023.

Responsible Agency: Planning & Building Department and Town Council Financing Source: General Fund
B4 4. The Housing Element shall include programs to conserve and improve the condition of the existing affordable housing stock. (Gov.

Code, § 65583, subd. (c)(4).)
HCD’s prior review found that the element must include programs to conserve and improve the condition of the housing stock. The element was revised to reference the Town’s ADU programs and indicated that the Town does not have a need for programs related to these issues. However, the housing needs assessment indicated that approximately ten units may require rehabilitation, but owners lack the discretionary income to fund these improvements. As found in HCD’s prior review, the element still should include programs to conserve and improve the housing stock. Strategies could include providing grants for substantial rehabilitation, provide matching grants for homeowner improvements, or implement proactive code enforcement program with resources.

Added a new Program 2-5 to conserve and improve the condition of housing stock:

Program 2-5: The Town will seek funding sources every 2 years and provide information regarding the availability of rehabilitation programs, including those through the Santa Mateo County, to targeted groups such as very low-, low- and moderate-income homeowners, owners of older residences, and owners of units occupied by lower-income seniors, and those on fixed incomes through an annual newsletter. Share information on the Town’s Home Sharing Program (see Program1-6).

Quantified Objective/Metric: Assist five very low- and low-income households Geographic Targeting: Townwide
Time Frame: Assess funding sources every 2 years and ongoing throughout planning period.

Responsible Agency: Planning & Building Department and Town Council Financing Source: General Fund
B5 5. 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... (Gov. Code, § 65583, subd. (c)(5).)
Goals, Priorities, Metrics, and Milestones: – While the element was revised to indicate that the Town’s fair housing actions include programs related to ADU, inclusionary housing and other efforts related to the RHNA, this generally does not address HCD’s prior review.

The assessment of fair housing demonstrated that that the Town along with its neighbors is entirely highest resourced, highest income, and wholly a RCAA, a stark contrast to the rest of the region. Additionally, the element identified majority of its RHNA at the edges of the Town. These conditions and circumstances warrant significant and robust actions (not limited to the RHNA) to promote housing mobility and increasing housing choices and affordability throughout and beyond the Town, including in lower-density neighborhoods.

The element should be revised with aggressively numeric targets and geographic targets throughout the Town, including lowerdensity neighborhoods. Examples include creating more housing choices and affordability in single-family neighborhoods beyond complying with law (e.g., SB 9, ADUs), targeting affordable housing funding, homesharing programs, more than one junior accessory dwelling unit (per single family structure, enhancing capacity, affordability, and housing choices on religious institutional sites beyond the RHNA and other alternative land use strategies. Lastly, the element must be revised to include quantified metrics (beyond the RHNA) programs focused on housing mobility and increased housing opportunities and affordability.

The Town added geographic targets and numeric targets to programs. The Town also included Program 1-4 for codifying the Affiliated Housing program and a new Opt-in Housing Diversification Pilot Program 1-3 that work to promote more housing choices on religious institutional sites and lower-density neighborhoods.

Program 1-6 for homesharing was also added:

Program 1-6: Participate in Hip Housing’s “Home Sharing Program” as a way to improve housing opportunities for lower-income seniors and low-income Portola Valley residents.

Work with Hip Housing, which serves residents throughout San Mateo County. The Home Sharing program matches persons needing housing with homeowners who have available space. The Town will explore the feasibility of engaging Hip Housing or some similar organization to start a comparable program in Portola Valley. Implementing this program will support the Town’s housing mobility efforts to increase access to highresource neighborhoods in Portola Valley for low-income households and from other areas of San Mateo County that otherwise could not afford to live in Portola Valley, including single seniors on fixed incomes, persons with physical or developmental disabilities, and young adults seeking employment. This program can also include working with HIP to market units resulting from the Opt-in Pilot Program 3-1 and ADU programs 7-6 and 7-7.

Quantified Objective/Metric: As an outcome of these efforts, connect up to 10 eligible tenants to homes or opportunities in Portola Valley through the Home Sharing program to assist in housing mobility for eligible households.

Geographic Targeting: Low-density neighborhoods
Time Frame: Connect with Hip Housing by December 2024 to establish a shared housing program in Portola Valley. Develop an outreach program to inform Portola Valley residents about the shared housing program by June 2025.

Responsible Agency: Planning & Building Department
Financing Source: General Fund
EXHIBIT B Page 148 of 285
HCD COMMENTS ON DRAFT PORTOLA VALLEY ADOPTED HOUSING ELEMENT (DATED 7/25/23) (Changes to Programs shown in double underline and strikethrough text) 8 EXHIBIT B Page 149 of 285
HOUSING ELEMENT DRAFT #4 MODIFICATIONS RECOMMENDED
BY THE PLANNING COMMISSION TO THE TOWN COUNCIL ON DECEMBER 20, 2023 Section 4. Constraints, at page 62
Insert underlined language in the following paragraph:

Environmental Review
The Town facilitates environmental review as required by the California Environmental Quality Act (CEQA). Many projects are categorically exempt from CEQA but some projects may require a Negative Declaration, Environmental Impact Report, or other form of CEQA documentation. Under Public Resources Code 21080.1 and 21080.2, a lead agency must determine if a housing development is exempt from CEQA within 30 days of receiving a complete application. If a project is deemed exempt, this triggers the 60-day approval requirement described in the previous paragraph. While Portola Valley complies with this requirement, it does not issue a formal determination of CEQA exemption within 30 days of an application being deemed complete but will now do so. Program 5-4 in this Housing Element recommends a change in development processing procedures to issue such determinations as required by State Law.

Section 4. Constraints, at page 84
Add this paragraph following Table 4-12:

At its meeting of December 13, 2023, the Town Council received a report on a draft Joint Work Plan “7+13” with the Woodside Fire Protection District. This draft work plan was jointly prepared by staff of the Town of Portola Valley and the Woodside Fire Protection District. The Work Plan reflects the Town’s and the District’s mutual interest in fire protection and emergency preparedness. The draft work plan indicates the responsible party, the implementation strategy, and the timing for each proposed policy or action.

Section 5. Resources, at page 93
Separate the following at point indicated to create a new paragraph.

Stanford University owns two sites in town and is also part of the Affiliated Housing Program. Stanford is currently proposing the construction of 12 affordable units under the Affiliated Housing Program. (Insert break here for new paragraph).
(Start New Paragraph) The proposed objective findings that will be introduced with the codification of the Affiliated Housing Program (as described in Program 1-4) are listed below:

1. The project complies with the requirements of the objective design standards and any other applicable objective standard established with adopted City plans and documents;

2. There are adequate infrastructure and public services available to serve the proposed development, including sewerage, water, fire and police protection, storm drainage facilities, and legal access to the lot;
ATTACHMENT 2 EXHIBIT B Page 150 of 285

3. The proposed development is on a legally created lot; and

4. The project complies with mitigation measures of any applicable environmental document.

Section 6. Adequate Sites, at page 102
Amend the following paragraph by deleting the blue language with strikethroughs.

The pending “Stanford Wedge” Faculty Housing development is proposed in the northeastern portion of the Town along Alpine Road will consist of 27 single-family residential units and 12 workforce housing units to be clustered on approximately 7 acres of a 75-acre site. The remainder of the site will be undeveloped and subject to a vegetation management plan to address fire safety concerns. The project requires a Planned Unit Development, Design Review, Site Development Permit, Affordable Housing Agreement and Tentative Subdivision Map approvals. An Draft Environmental Impact Report (EIR) has been circulated for public comment is close to issuance and. Ppublic meetings are anticipated to occur begin in late mid-2023/ in early 2024. The Town anticipates the Planning Commission and Town Council will consider the project by mid-2024. The 12 workforce housing units will all be deed restricted for 55 years. Six will be restricted to low-income households as required by State Density Bonus Law. The other six are anticipated to be……
Section 6. Adequate Sites, at page 117
Undelete the following deleted paragraphs and amend as reflected in blue lettering with underlining (new) and strikethrough (deleted):

In addition, a new Supportive Housing Overlay is hereby established and applied to this site with the following provisions:
▪ All principally permitted uses and all conditionally permitted uses in the A-P zone (Municipal Code Chapter 18-22) would be permitted by right in the Supportive Housing Overlay if the commercial use directly supports a new or existing supportive housing project. ▪ (Begin Undelete) A density below the range specified in the Multi-family Mixed-Use designation will be permitted provided the site accommodates at least four two residential units at the lower-income level (End Undelete)
▪ Any supportive housing project that would be permitted by right under AB 2162 (or other applicable law) in the A-P zone will be permitted under the Supportive Housing Overlay. For purposes of determining whether a proposed project on the Property is a "use by right" under the AB 2162 supportive housing requirements (Government Code Section 65650, et seq.), the designation will be deemed to be a designation where multi-family and mixed uses are permitted.
▪ (Begin Undelete) Some market rate units and/or non-supportive units may be permitted to cross subsidize a supportive housing project provided that at least 25% of units are supportive housing units with at least four two units at the lower-income level and no more than 21 units (including market rate, supportive housing and manager’s units) would be constructed on site. Supportive ATTACHMENT 2 EXHIBIT B Page 151 of 285
housing units include the following categories: persons with disabilities (including IDD) or Extremely Low-Income (End Undelete).
▪ For purposes of determining the number of residential units in a proposed project, and at applicant’s request, a shared housing unit in a shared housing building will be counted as one residential unit. Alternatively, if requested by applicant, a unit will be counted traditionally by each dwelling unit as defined in the Municipal Code Section 18.04.150 (one or more rooms arranged for the use of one household with cooking, living, and sleeping facilities) Section 7. Goals, Policies, and Programs, at page 130
In the following paragraphs, delete (among others) and insert alternate language, reflected by blue lettering with strikethrough (deleted language) and double underling (new language) 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. As part of developing objective design standards, these standards will be used for the Affiliated Housing Program (among others) among other entitlement pathways under which objective design standards are required by law, and the Town will ensure they promote certainty and objectivity, and be limited to health, safety, and objective design standards. This program helps to address fair housing contributing factors relating to a lack of zoning for anything other than single family homes.

Quantified Objective/Metric: Adopt Objective Design Standards to facilitate construction of 97105 units.

Geographic Targeting: Townwide
Time Frame: Complete by October 2023March 2024
Responsible Agency: Planning & Building Department and Town Council Financing Source: General Fund
ATTACHMENT 2 EXHIBIT B Page 152 of 285
ATTACHMENT 4 Page 153 of 285
Town of Portola Valley General Plan
Land Use Element
Last amended May 10, 2023
ATTACHMENT 4 Page 154 of 285
Table of Contents
Introduction .................................................................................................................................. 1 General Objectives ................................................................................................................... 1 General Principles .................................................................................................................... 2 Residential Areas ......................................................................................................................... 4 Objectives .................................................................................................................................. 4 Principles ................................................................................................................................... 4 Standards................................................................................................................................... 7 Description................................................................................................................................ 9 Other Residential Areas ........................................................................................................ 14 Parks, Recreation Areas and Open Spaces ............................................................................. 15 Objectives ................................................................................................................................ 15 Description.............................................................................................................................. 15 Commercial and Research – Administrative ........................................................................ 17 Objectives ................................................................................................................................ 17 Principles ................................................................................................................................. 17 Standards................................................................................................................................. 18 Description.............................................................................................................................. 19 Institutions .................................................................................................................................. 21 Objectives ................................................................................................................................ 21 Principles ................................................................................................................................. 21 Standards................................................................................................................................. 22 Description.............................................................................................................................. 22 Public Facilities and Services.................................................................................................... 25 Objectives ................................................................................................................................ 25 Principles ................................................................................................................................. 25 Description.............................................................................................................................. 26 ATTACHMENT 4 Page 155 of 285
Land Use
1 Land Use Element
Introduction
2100 The land use element sets forth guidelines for land occupancy and describes the location and distribution aspects of land uses. Land use interrelationships and land use circulation relationships are also defined.
2101 Land use proposals in the plan include those for residential areas, those for community facilities and services, and those for region-serving facilities. For the purposes of this plan, all land uses are discussed separately in the following sections: residential areas; parks, recreation areas and open spaces; commercial and research - administrative areas; institutions; and public facilities and services.

In these sections, objectives, principles, and standards are given, followed by a description of the plan proposals.

General Objectives
2102 1. To provide for residential uses and related facilities and services that will preserve and enhance the quality of living enjoyed by local residents.

2. To maintain the natural character of the planning area and to provide for limited park, recreation and open space uses in appropriate scenic areas where the uses will be compatible with the maintenance of the residential nature and quality of the planning area.

3. To minimize the need for non-local traffic to penetrate the planning area.

4. To minimize consumption of energy from non-renewable sources and to encourage the use of renewable energy sources while preserving the scenic and aesthetic qualities of the area.

ATTACHMENT 4 Page 156 of 285
Land Use
2 5. To encourage and, where appropriate, require the conservation of water in new and existing developments and buildings.

6. To ensure that development in areas subject to geologic, fire and flooding hazards is controlled so that people and structures are not exposed to unacceptable levels of risk.

General Principles
2103 1. The planning area should have the low intensity of development which is appropriate to its location on the fringe of the urban area of the Peninsula and should provide a transition between urban densities of adjoining communities and non-intensive land uses west of the skyline.

2. Uses of land should include homes, open spaces, agricultural pursuits and such other private, office and commercial uses as are required to serve the frequent needs of local residents.

3. In addition to uses serving primarily local residents, public, private and limited commercial recreational facilities serving a broader area would be appropriate in locations on the periphery of the planning area but so located as not to encourage traffic through the town.

4. Those public and private facilities such as schools, parks, churches, public buildings, stores and offices which serve all or a major portion of the planning area should be grouped in readily accessible centers to the greatest extent permitted by site and location requirements of the individual facilities.

5. In any development within the planning area, full consideration should be given to the geologic conditions so that development on unstable land can be avoided or minimized.

5.1. In areas subject to flooding, including those identified in the safety element, development shall be precluded or designed to minimize risk.

6. In order to maintain the rural atmosphere of Portola Valley, all buildings should be subordinate to their natural surroundings in size, scale and siting.

Monumental buildings should be avoided.

7. Non-residential buildings should generally be of small or moderate size and, where groups of buildings are used, connected by plazas, terraces, porches, arcades, canopies or roofs to provide a pleasant environment and safety and shelter to pedestrians.

ATTACHMENT 4 Page 157 of 285
Land Use
3 8. In order to help minimize the adverse effects of higher intensity uses upon lower intensity uses, landscaping areas of primarily native plants appropriate to the site should be provided. Such buffers should be of a size and design that will provide an effective visual buffer.

9. In all developments in the planning area, full consideration should be given to fire protection needs, including those identified in the safety element, and adequate measures should be taken to ensure that these needs are met.

9.1. Development should be limited in areas when fire risk cannot be reduced to an acceptable level and adequate emergency access cannot be provided.

Also, recognizing fire protection measures could have adverse effects on native vegetation, development should be configured to minimize damage as well as fire hazard.

10. The rate of development and location of projects should not exceed the capacity of the town, special districts and utility companies to provide all needed services and facilities in an orderly and economic manner.

11. Conservation of energy from non-renewable sources should be considered in the design, improvement, reconstruction and remodeling of buildings.

12. The use of passive and active solar energy should be encouraged in the siting, design and construction of buildings.

13. Where feasible, development proposals should incorporate unified planning for the largest land area practically possible in order to preserve open space, conserve unique natural features of the area, allow logical extensions of the trail and paths system, maximize the opportunities for controlling the extent and impacts of development and otherwise help ensure the application of good land use planning principles.

14. Grading shall normally be the minimum necessary to accommodate development; however, in those instances where increased grading can provide for greater compatibility of development with the natural setting and not cause significant adverse effects on the environment, such grading shall be preferred.

15. For all new developments within the planning area, full consideration shall be given to the fiscal ability of the town and other affected local governmental agencies to provide essential services. When fiscal impact will exceed tax revenue to be generated, provisions may be made to require offsetting fiscal impact fees.

ATTACHMENT 4 Page 158 of 285
Land Use
4 16. In the planning, design, construction and operation of development within the planning area, water conservation should be a high priority.

17. In all new developments, the undergrounding of utilities should be considered a high priority.

Residential Areas
Objectives
2104 1. To assure that all building sites and residences are developed in a manner minimizing disturbance to natural terrain and vegetation and maximizing preservation of natural beauty and open space.

2. To organize residential areas in a manner providing maximum convenience in the daily use of local facilities such as parks, recreation area, commercial facilities and access to major roads, consistent with the attainment of other objectives stated within the general plan.

3. To provide for the grouping or clustering of residential buildings where this will maximize the opportunity to preserve natural beauty, habitat and open space without generally increasing the intensity of development otherwise possible.

4. To maintain the present character of established residential areas.

5. To control the occupancy of parcels so as to:
a. Prevent overcrowding of dwellings.
b. Insure that occupancy of land and dwellings will be in balance with service facilities such as on-site parking, traffic capacity of access streets and capacity of utilities such as water and sewage disposal. c. Insure against adverse impact on neighboring residences. d. Fix responsibility for use, occupancy and conduct on the premises in relation to town standards and requirements. That is, on each parcel and in each main dwelling, someone must be “in charge” as owners or tenant of the owner.

Principles
2105 1. Lands indicated for residential use on the comprehensive plan diagram should be used primarily for residential living, a use of land characterized by ATTACHMENT 4 Page 159 of 285
Land Use
5 a single household occupying a main detached dwelling as the principal use of a parcel, together with uses and structures customarily accessory to a main dwelling in a rural residential community.

2. In addition to other accessory uses and structures, accessory living quarters within the main dwelling or in a separate structure should be deemed an appropriate accessory use on parcels large enough and under conditions adequate to insure the objectives cited in Sec. 2104.5 are met. Specific limits on accessory living quarters should be included in the zoning ordinances.

2.1. Agricultural uses are encouraged as interim or long-term uses in residentially designated areas provided they are compatible with nearby nonagricultural uses and do not result in the significant degradation of the natural environment.

3. Population densities within the planning area should be guided by considerations of topography, geology, vegetative cover, access to transportation and services, fire hazards, emergency access, impact on preexisting residential development and other factors such as:
a. The highest densities should be located on relatively level land close to local shopping and service areas, other local facilities and transportation facilities. Densities should decrease as the distance from these facilities increases.
b. Population density should decrease as steepness of terrain increases. c. The lowest densities and largest lots should be located on the steepest hillsides on which the town allows development and in mountainous areas where it is necessary to limit storm runoff, prevent erosion, preserve existing vegetation, protect watersheds, avoid potentially unstable ground and maintain the scenic quality of the terrain.

4. Steep slopes, potentially unstable ground, canyons and ravines should be left undisturbed as residential open space preserves.

4.1 When residences are grouped or clustered in areas where intensity standards require one acre or more per dwelling unit:
a. Each residence should have substantial direct frontage on a common open space of sufficient size to convey a feeling or being on the edge of a large and significant open space.

ATTACHMENT 4 Page 160 of 285
Land Use
6 b. Clusters should generally consist of a small number of detached residences, and each cluster should be well-separated from adjacent clusters rather than interconnected in a linear form.

5. On tree covered buildable slopes, development should be designed to preserve groves of trees as well as individual trees and native understory to the maximum extent possible.

6. (Not used.)

7. To the extent feasible, all structures (including residences) should complement and blend in with the natural setting of the planning area; and to this end, the following principles should be adhered to:
a. Structures may be located in existing tree covered areas to the extent possible and still be consistent with slope, geologic and related conditions and the need to preserve locally unique or especially beautiful wooded areas.
b. Largely bare slopes and sparsely wooded ridges visible from large portions of the town or planning area should be kept free of structures to the maximum extent possible.
c. If development does take place on highly visible barren slopes or ridges, it must be unobtrusive and of a scale and design to maintain the character of the natural setting, and with required planting of native trees and plants where appropriate.

8. In all residential areas of the town, or its spheres of influence, particular attention must be given to the effects of approaching the maximum amount of development permitted on individual parcels. The cumulative effect of buildout under appropriate ordinances and policies should be examined and steps taken to ensure that its effect will not be injurious to the unique and desirable characteristics of each area. Overall development levels as measured by floor area ratios and impervious surfaces should be limited so as to preserve the rural setting.

9. To the extent feasible, the design of subdivisions should retain a representative composition of habitats on the site and their interrelationships.

10. Residential development should not occur in areas subject to flooding as shown on the Flood Insurance Rate Maps issued under the National Flood Insurance Program by the U.S. Department of Housing and Urban Development.

ATTACHMENT 4 Page 161 of 285
Land Use
7 Standards.
2106 Residential areas are shown in eight land use intensity categories, as described below in the table and text:

Residential Category Intensity in Dwelling Units per Acre (du/a) Gateway 2010-230 du/a
Multi-Family – Medium 203-230 du/a
Mixed-use Residential 34-6 du/a
Multi-Family – Low 2-4 du/a
Low-medium >1 du/a
Low .5 - 1 du/a, on average
Conservation Residential
a. Existing Development
b. Undeveloped Lands
.25 - .5 du/a
.11̅1̅- .5 du/a
Open Residential̅̅̅̅ .33̅3̅- .055̅5̅, for slopes from 0% to 50%

1. Gateway – Existing developed and undeveloped areas where density is no more than twenty-three dwelling units per acre. These areas are generally geologically stable, in relatively level terrain, and have good accessibility.

2. Multi-family – Medium—Existing developed areas where density is no more than twenty-three dwelling units per acre. These areas are generally geologically stable, in relatively level terrain, and have good accessibility.

3. Mixed-use—Existing developed areas where density is no more than six dwelling units per acre. These areas are generally geologically stable, in relatively level terrain, and have good accessibility.

4. Multi-family – Low—Existing developed areas where density is no more than four dwelling units per acre. These areas are generally geologically stable, in relatively level terrain, and have good accessibility.

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8 Opt-In Housing Program – low density – This program will permit a maximum of 12 units during the 2023-2031 Housing Element cycle to be developed as up to four units on single family lots meeting prescribed screening criteria.

5. Low-medium—Existing developed areas where net residential land area per housing unit is less than 1 acre.

6. Low—Existing developed areas where net residential land area per housing unit averages from 1 to 2 acres. These areas are generally geologically stable, in only moderately steep terrain, and have good accessibility.

7. Conservation-Residential—Includes:
a. Existing developed areas where net residential land area per housing unit averages from 2 to 4 acres.
b. Relatively accessible undeveloped lands with few to considerable potential geologic instabilities. To be developed with a slope-intensity standard whereby the net residential land area per housing unit increases from 2 acres on level to 9 acres on slopes of 50 percent or greater.

8. Open Residential—Relatively inaccessible sparsely developed and undeveloped areas generally with extreme geologic instabilities and steep slopes. Fire hazards are often high and erosion potential great. These areas are often also of ecologic, scenic or historic importance. To be developed with a slope-intensity standard whereby the net residential land area per housing unit increases from 3 acres on level land to 18 acres on slopes of 50 percent or greater.

Additionally, the Housing Element establishes a Supportive Housing Overlay for 4394 Alpine Road to provide flexibilty for the potential devlopment of supportive housing at that site.
2106a Portions of some of these residential areas are classified as “residential open space preserves.” These preserves possess one or more of the following characteristics:
slopes, canyons and ravines generally in excess of 30% in slope, unstable lands, lands of significant scenic value to the town, historic resources, riparian environments, and lands inaccessible without traversing potentially unstable lands.

To the maximum extent possible, these preserves should be kept free of structures and left in a natural condition with respect to terrain and vegetation. New residential subdivisions should provide for the clustering of residences outside of residential open space preserves so that these areas are left undisturbed for visual enjoyment and limited local use. However, on lands also shown as open residential, residences might be appropriate, if clustering is not possible, if ATTACHMENT 4 Page 163 of 285
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9 acceptable development standards for access, utilities and geologic stability can be met, and if scenic qualities and historic features are preserved. Low intensity recreation uses would be appropriate in residential open space preserves, and drainage and erosion control measures should be undertaken where necessary. 2106b The slope-intensity standards for the conservation residential and open residential categories recognize in part the overall problems of the development in areas with potential geologic instabilities. However, the intensity of development in individual developments should be further reduced as necessary to reflect specific geologic conditions encountered, to minimize significant visual impacts, to preserve scenic qualities and historic features, and to avoid high fire hazards and inadequate emergency access.
2106c Residential development and related improvements should be permitted only where geologic stability meets the standards of the town for the specific uses. 2106d Land use intensities may be increased beyond those specified in this section in accordance with provisions for the inclusionary lot program adopted by ordinance by the Town Council and Policy 2, Program 2-1 of the Housing Element.

Description
2107 Residential areas of low intensities are the predominant land use proposed in this general plan. Eight categories of residential land use intensities are indicated. The multi-family – medium, mixed use, multi-family - low, low-medium and low intensities are restricted to areas of existing development. The conservation residential intensity is assigned to less steep land close to community and circulation facilities and existing development. The open residential intensity is applied to most undeveloped lands which have generally rugged topography, scenic qualities or historic features, are further from community facilities and major circulation routes, and have extreme geologic instabilities. These several residential intensities are generally similar to and compatible with intensities existing and proposed for most areas adjacent to the planning area.
2107a In addition to the eight residential land use intensities described in Section 2107 above, possible residential land uses are indicated in Section 6100, Nathhorst Triangle Area Plan, and Section 6300, Town Center Area Plan. These sections should be consulted to determine the recommended residential land use intensities for these areas.
2108 Land use intensity standards provide a guide for the intensity of residential development within which considerable flexibility remains as to design solutions.

They indicate the maximum number of housing units to be permitted on a given ATTACHMENT 4 Page 164 of 285
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10 piece of land but do not prescribe type of design in relation to a minimum lot standard. Specific conditions may require lower intensities. 2109 Superimposed upon the residential land use indicated on the comprehensive plan diagram is a tree symbol representing residential open space preserve. The residential open space preserve should be primarily a permanent open space, but should in addition accommodate a variety of recreational uses well suited to the natural terrain and which preserve the continuity of native vegetation. Such uses include riding and hiking trails, informal play areas, scenic walks, picnic areas, and residences subject to suitable conditions (see foregoing standards). These areas can be either privately controlled by the local property owners or held by a public agency.
2110 The delineation of the residential open space preserve usually is intended to be general in nature. As specific areas develop, it will be necessary to apply with care the objectives, principals and standards set forth in this plan in the preparation of detailed designs.
2111 Based on an evaluation of the slope and geologic constraints for each residential area, estimated holding capacities have been prepared and are included in Appendix 1 of this land use element. The holding capacity figures represent the maximum number of housing units estimated to be feasible under the criteria included in this plan.
2112 Each residential area is generally described below and shown on the following residential areas map.
2113 Residential Area No. 1. This area comprises the Brookside Park and Brookside Orchard subdivisions. The low-medium intensity recognizes the long-established character of the area. The area is almost fully developed with homes. Attention should be continually given to conserving and enhancing this residential area. 2114 Residential Area No. 2. This area comprises the Woodside Highlands subdivision.

The low-medium intensity recognizes the character of this old subdivision.

Originally an area of summer homes, this area has been converted to year-around living, is served by narrow roads and individual sewage disposal systems, and includes some areas of unstable ground. Some few lots are without homes.

Continuing attention should be given to improving the quality and amenities of this area while protecting its individual character.
2115 Residential Area No. 3. This area comprises the Portola Redwoods subdivision.

The low-medium intensity is consistent with the long-established nature of this subdivision. Virtually all lots are developed with homes. The character of this small residential area should be preserved and continual attention should be given to ATTACHMENT 4 Page 165 of 285
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11 maintaining appropriate land use relationships between this area and surrounding and nearby non-residential uses.
2116 Residential Area No. 4. This area, in the town’s sphere of influence, comprises the Ladera subdivision. The low-medium intensity recognizes the established character of this area. The area contains but a very few vacant lots. The existing character of Ladera should be maintained and attention should be continually given to assuring compatibility of uses on the Webb Ranch with the residential character of Ladera. 2117 Residential Area No. 5. This area, in the town’s sphere of influence, consists of the Los Trancos Woods subdivision. The low-medium intensity is consistent with the character of the long-established residential area. Originally an area of summer homes, it is now used for year-around living, is served by narrow roads and individual sewage disposal systems, and is affected by some areas of geologic instability. Some lots are still vacant. Efforts should be made to improve the quality and amenities of the area while preserving its character. 2118 Residential Area No. 6. This area comprises the Willowbrook subdivision, with parcel sizes of 1 acre or more, and several larger parcels along the eastern side of the area. The area is shown in the low intensity category and is virtually entirely developed with homes. The character of this area should be preserved and efforts should be made to reduce through traffic.
2119 Residential Area No. 7. This area is composed primarily of the Arrowhead Meadows, Alpine Hills, Hillbrook, Stonegate, Stonegate Meadows, Corte Madera Acres, Palmer Estates, Portola Terrace, Portola Heights, and Pine Ridge subdivisions.

All of these subdivisions have minimum parcel sizes of 1 acre or more. In addition, there are unsubdivided areas of larger parcels, namely in the vicinity of Georgia Lane. The entire area is shown in the low intensity category. 2120 As the unsubdivided areas are developed, attention should be given to ensuring careful integration into the largely already developed area so as to ensure compatibility. Particular attention will need to be given to land use relationships in the vicinity of the non-residential uses along Portola and Alpine Roads. 2121 Residential Area No. 8. This area is composed of the Westridge and Oak Hills subdivisions plus a steep undivided area between Westridge and Alpine Hills subdivision. The area is shown in the conservation residential intensity. Few lots are vacant in the subdivisions. The character and quality of the area should be conserved as the area plays an important part in maintaining the open space character of the town.
2122 Residential Area No. 9. The development pattern for a large portion of this area has been set by the Portola Valley Ranch subdivision where there are slightly in ATTACHMENT 4 Page 166 of 285
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12 excess of two acres per housing unit. Most of the balance of the area is in large ownerships. The area is shown in the conservation residential intensity category. 2123 Most of the area has good access to local town roads, most utilities, schools, and shopping. Parts of the area are quite stable geologically, while other parts are highly unstable, and slopes range from moderate to steep. The plan diagram indicates large areas in the residential open space preserve category. 2123a In the area along Alpine Road, any development should be kept well back from the road so as not to encroach on the Alpine Road Corridor, Portola Road Corridor, and Nathhorst Triangle Area.
2124 Residential Area No. 10. This area, in the town’s sphere of influence, comprises the Vista Verde subdivision. The area is shown in the conservation residential intensity category. There are some vacant lots in the subdivision. Geologic instabilities in the area warrant careful continuing evaluation as additional homes are built.
2125 Residential Area No. 11. This area consists of the lower portion of the western hillsides and is unsubdivided except for the old Coombsville subdivision, which occupies a small part of the area. The area is shown in the conservation residential intensity category. It is characterized by gentle to steep slopes, geologically stable to unstable lands and grass covered slopes to tree covered canyons. The major development potential on the western slopes is confined to this area, which is less steep, enjoys somewhat more stable lands than the upper portion of the western hillsides, and has greater accessibility to roads, utilities, schools, and shopping. A major portion of this area is owned by the Midpeninsula Regional Open Space District.
2126 Most of the undeveloped portion of this area is in a few large holdings. This provides an opportunity for imaginative designs making full use of the range of ATTACHMENT 4 Page 167 of 285
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13 ATTACHMENT 4 Page 168 of 285
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14 natural features present. It should be possible and practical to preserve a large amount of the area in a natural state. In particular, it is desirable that the natural character of the open ridge leading up to the Windy Hill Open Space Preserve and the orchards and meadow adjacent to Portola Road and town center be retained. 2127 Residential Area No. 12. This area consists primarily of the upper portion of the western hillsides. It is similar in character to residential area No. 11; however, it is more removed from local town roads, utilities, schools and shopping, has steeper slopes, has a significantly colder, more foggy, and more windy climate and is somewhat less geologically stable. The most feasible access appears to be from Skyline Boulevard, and fire protection is minimal. Its reduced density is compatible with the adjoining agricultural, recreational, and forest resource region west of Skyline Boulevard. This area is shown in the open residential intensity category. 2128 It is envisioned that development in this area will be minimal. The foregoing factors make the area unsuitable for more than very sparse development. Large areas are shown in the residential open space preserve category. Any development in this area should have adequate access by roads which ensure prompt access to and from public facilities and commercial areas, and for fire, police and other emergency services.
2129 The barren ridge leading up to Windy Hill from the east is a visually dominant feature of Portola Valley and highly noticeable from much of the Midpeninsula area. It should remain in its natural state to the maximum extent possible.

Development which might go on these lands should preferably be located elsewhere on the same parcel of land. If any development takes place in this area, extreme care should be taken to ensure absolute minimum disruption of existing visual characteristics. A major portion of this ridge is owned by the Midpeninsula Regional Open Space District.
2129a A small portion of the area lies east of Alpine Road next to Los Trancos Woods and Vista Verde. This area is included because it is similar to the balance of the area in terms of remoteness and geologic instability, and also because it contains steep slopes, scenic qualities and the historic Coal Mine Ridge Trail.

Other Residential Areas
2130 In addition to the areas described above, there are several other residential areas included within the planning area. These areas, although in other jurisdictions, are of concern to the planning area because of common problems relating to drainage, circulation, public facilities and visual amenities.
2131 The portion of the Town of Woodside northeast of Portola Road and known as Hidden Valley Farm and Family Farm is shown on the plan diagram because of its ATTACHMENT 4 Page 169 of 285
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15 close physical relationships to Portola Valley. This area is shown as conservation residential and is consistent with the Town of Woodside’s General Plan. There is a need to maintain compatible land use relationships between Hidden Valley Farm and the non-residential uses fronting on Portola Road within the Town of Portola Valley.
2132 The portion of the Town of Woodside along the Portola Valley town boundary between Portola Road and Skyline Boulevard is included because of the need to maintain compatible land uses on either side of the town boundary. The area in Woodside is shown as conservation residential and is consistent with the Woodside General Plan.
2133 Two areas of low-medium intensity are shown on the comprehensive plan diagram in the northern portion of the planning area: the Stanford Hills subdivision and the Stanford Weekend Acres area. The inclusion of these areas at these intensities indicates concurrence with plans of Menlo Park and San Mateo County. Continued attention to traffic control measures along Alpine Road in the vicinity of Stanford Weekend Acres appears warranted in order to help assure traffic safety.

Parks, Recreation Areas and Open Spaces
Objectives
2134 1. To retain areas of natural terrain and vegetation sufficient to preserve the overall natural open character and quality of the area, and to buffer the town from its neighbors and its constituent neighborhoods from each other while permitting reasonable development of private lands.

2. To provide for appropriate park and recreation areas for community and neighborhood use.

3. To encourage public parks, recreation areas and open spaces serving other than primarily local residents only in locations where they will not be a disruptive influence on local residents and where they will preserve unique natural resources for use by residents of the larger region.

Description
2135 Extensive parks, recreation areas and open spaces are proposed in the plan. Each proposal is based upon the natural resources of the planning area and related to the needs of local residents, Midpeninsula residents, or other Bay Area residents.

These proposals and the elements in which they are described are indicated in Table 1: Guide to Park, Recreation, and Open Space Proposals in the General Plan.

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16 2136 Each park or recreation area proposed is so located and served by circulation facilities that it can be reached and used by the intended users without interfering with the enjoyment of nearby areas. Thus, facilities serving other than primarily local residents should be located on the edges of the planning area accessible from major thoroughfares.
2136a The comprehensive plan diagram proposes certain parks, recreation areas and open space uses on privately owned land. It is anticipated that some of these proposals will be implemented through appropriate dedications pursuant to planning regulations when private development takes place. In some instances, rights in land may be purchased by the town or other appropriate agency. In other instances, the private use of the land for a recreation or open space use constitutes conformity with the plan. Nonetheless, there may be instances when a property owner wishes to put land to a use not shown on the comprehensive plan diagram and the town or some other public agency is not able to obtain public rights through regulation and does not negotiate a purchase with the owner. In such instances and only for lands designated on the comprehensive plan diagram as neighborhood preserve, community preserve, scenic corridor and greenway, or labeled “Other Community,” the general plan hereby permits:

1. private use of a character and intensity no greater than the public use indicated on the comprehensive plan diagram, or

2. private use at the lowest residential intensity suitable for the property and designed to maximize the open space character of the land.

In implementing the foregoing policy with respect to any proposal by a property owner, the approving authority of the town shall exercise judgment in approving a use to ensure compatibility with surrounding and nearby uses, circulation facilities and the applicable objectives of this general plan. Any use permitted must, of course, conform to the zoning for the property.

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17 Table 1. Guide to Park, Recreation, and Open Space Proposals in the General Plan Park, Recreation or Open Space Park and
Recreation
Element
Open
Space
Element
Trail &
Path
Element
Scenic Roads
and Highways
Element
Land Use
Element
Neighborhood Preserve X
Neighborhood Park X
Community Preserve X
Community Park X
Other Community Parks or Preserves X
Regional Park or Private Regional Facility X
Open Space Preserve X
Scenic Corridor X
Greenway X
Open Space Limited Development X
Agriculture X
Secondarily Park, Recreation, or Open
Space*
Residential Open Space Preserves X
Trails and Paths X
Scenic Roads and Highways X
* These land use categories serve primarily for residential or circulation purposes, but have secondary uses as parks, recreation areas, or open spaces.

Commercial and Research – Administrative
Objectives
2137 1. To provide goods and services to satisfy the most frequently recurring needs of local residents.

2. To limit other commercial development to the maximum extent possible consistent with other objectives of the plan.

3. To group related facilities attractively for convenient use and to prevent continuous commercial development along arterials which would detract from the scenic character of the area.

4. To control commercial development in a manner that will minimize its impact on neighboring residential areas.

Principles
2138 1. Convenience goods and services and limited shopping goods should be available in local shopping centers in sufficient quantity and variety to meet ATTACHMENT 4 Page 172 of 285
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18 the most frequently recurring needs of the residents of the Town of Portola Valley and its spheres of influence.

2. The development of new commercial and office floor area should be controlled to avoid premature availability and should only be permitted when it is demonstrated that the proposed additional space and uses are needed, within the objectives of this plan, to serve the existing population or the population anticipated over a reasonable time period.

3. Local shopping and service centers should be centrally located with respect to the population served, have direct access from major streets and have sufficient parking and service areas.

4. Individual sites should be landscaped attractively with native plants so as to integrate the entire development visually with its neighbors and the overall natural qualities of the planning area. Protecting residential areas from noise, unsightliness, odor and other nuisances should be accomplished through adequate landscape buffers that also enhance pedestrian access and through other appropriate design features.

5. Night lighting visible from the exterior of buildings should be strictly limited to that necessary for security, safety and identification. All night lighting, including signs, should be low intensity and shielded from view from residential areas.

6. All commercial uses should be compatible with adjacent development in terms of scale, general visual character and siting. (For principles relating to design objectives, building size and scale, conservation of natural beauty, and landscaping, see “General Principles” of the land use element and “Principles” of the open space element and “Principles” of the Nathhorst Triangle Area Plan.)
Standards
2139 1. In local shopping and service areas, a small percentage of the total net site area (exclusive of street and road rights-of-way) should be occupied by buildings. A substantial percentage of the site area should be left as natural and/or developed as landscaped open space using native plants.

2. Within local shopping and service areas, the ratio of total floor area to net site area for commercial uses shall not exceed 0.18 and for office uses shall not exceed 0.13.

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19 Description
2140 The major shopping, service and employment opportunities in nearby areas are recognized, and hence a duplication is not proposed within the planning area.

Thus, while frequently needed local shopping and service facilities are proposed within the area, activity centers outside the planning area such as the Stanford-Palo Alto shopping area are relied upon for more specialized goods and services. 2141 Four local shopping and service centers are indicated on the plan diagram. These centers are all existing at the present time and have sufficient area to meet the needs of local residents when the planning area is fully developed. The four centers are Ladera Country Shopper, Nathhorst Triangle Area, Town Center, and Sharon Heights Shopping Center.
2142 The two centers within the town, the Nathhorst Triangle Area and Town Center, should strictly adhere to the objective that these centers should provide only those goods and services necessary to satisfy the most frequently recurring needs of residents of the town and its spheres of influence. Thus, these centers are seen as including but not being limited to: hardware stores, food service stores, drug stores, beauty parlors and similar convenience goods, and very limited shopping goods. Limited office uses, such as doctors, banks and real estate offices serving the same population are also appropriate. Uses which would attract a majority of patronage from outside the service area should more appropriately be located in larger and more centrally located commercial and office centers elsewhere on the Midpeninsula or the Bay Area. These centers are related by the Portola Road corridor, which is described in the Corridor Plan starting with section 6400 of this General Plan.
2143 It is recognized that the Sharon Heights Shopping Center and the Ladera Country Shopper and adjoining professional center do not completely meet the criteria for commercial uses described above. These centers, outside the town and developed under other criteria, do however, provide largely convenience goods and services with limited shopping goods. The Ladera professional center also provides general office space not geared to serving local residents. Both of these centers are wellserved by circulation and are accepted by this plan as appropriate for the locations involved. The undeveloped hillside behind the Ladera Country Shopper should be left as open space to balance the intensive development of the remainder of the site and provide a buffer between the shopping center and nearby residences. 2144 Existing research-administrative areas are recognized. The major use is the Stanford Linear Accelerator Center (SLAC). This facility will have a continuing major impact on the planning area. Employment and access traffic to SLAC should be confined to Sand Hill Road. Attention should be given to assuring maximum compatibility of this installation with the surrounding area. Those aspects of the ATTACHMENT 4 Page 174 of 285
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20 development continuing to require special attention include: power transmission to the accelerator, control of noise and exterior lighting, traffic, landscaping and building design. It is likely that continuing attention to “temporary” installations will also be required. An existing research building complex on Arastradero Road is also recognized. The existing tree nursery, because of its largely impervious gravel surface, contributes considerable runoff to the creek. This use and similar uses should provide a buffer along the creek to minimize runoff, erosion and disturbance of habitats. In addition, present controls over these areas should be maintained or strengthened.
2145 Additional areas are shown for research-administrative use north of the Junipero Serra Freeway as proposed on the Menlo Park General Plan. Uses in these areas should be of very low intensity in order to be compatible with uses in nearby residential areas. Sites used for research-administrative purposes should be primarily open, buildings should be low and perhaps in small clusters, and the site development and landscaping should be designed to blend the buildings into the natural landscape.
2145a One area for research-administrative use is shown along Arastradero Road in Palo Alto. This use is inconsistent with Portola Valley’s position as to appropriate uses in this area, but is recognized because of the substantial investment involved and the limited extent of the uses. No additional development of this intensity is shown on the comprehensive plan diagram for this area because of the adverse impact such uses have on the surrounding area. In particular, the road system is not adequate to accommodate the heavy traffic characteristic of such uses, and in addition, such uses tend to attract additional high intensity uses which are not compatible with the low intensity residential character of Portola Valley. 2145b Near the area for research-administrative use along Arastradero Road is a headquarters for a tree maintenance service which serves the Midpeninsula. This use is relatively low intensity and is not shown separately on the comprehensive plan diagram. The town recommends that this use be kept within limits which are compatible with the low intensity character of the surrounding area. 2145c The “Lee” quarry on Los Trancos Road in Palo Alto is within the town planning area.

The quarry scar is visible from Portola Valley, but efforts have been made and should continue to be made to reduce the negative impacts of the quarry, including long-range restoration of the quarry to a more natural appearance.

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21 Institutions
Objectives
2146 1. To provide for those institutions that are for the use of local residents and in harmony with the residential character of the Valley.

2. To ensure that existing institutions will be properly served by trafficways and are properly related to adjacent land uses.

3. To provide an appropriate area for the grouping of major community-serving institutional facilities.

Principles
2147 1. All institutional uses should be served directly by major collector roads or roads with higher capacities.

2. All institutional uses should be compatible with adjacent development in the planning area in terms of scale, general visual character and siting.

3. Space should be provided for all local institutional uses that may be necessary such as elementary and intermediate schools, churches, libraries and local governmental buildings.

4. Major community facilities should be located where convenient to the entire planning area.

5. Schools should make recreation areas and facilities available for use during non-school hours.

6. Schools should be located so as to minimize the time necessary to be spent in travel to and from school.

7. Schools should be located to provide safe and convenient access giving particular attention to the requirements of young children.

8. (For principles relating to building size and scale, and landscaping, see “General Principles” of the land use element.)

9. If an institutional land use ceases to exist, the town shall consider an appropriate alternate institutional use or development for other appropriate uses giving due consideration to the relationship to adjacent and nearby land uses.

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22 Standards
2148 1. Residential type institutional facilities should be limited to a density of population no greater than that proposed for adjoining residential areas in the general plan. Section 2106.e. provides guidance with respect to appropriate ranges for building intensities and population densities.

2. Public Schools:

Grades Maximum Desirable Travel Time
K-5 20 minutes
K-6 20 minutes
6-8 30 minutes
High School 40 minutes
Description
2149 Institutions needed to serve all or parts of the planning area are proposed and are located so as to be convenient to their service areas. Institutional uses proposed include schools, churches and fire stations.
2150 Schools. With regard to public schools, the plan indicates one elementary school and one intermediate school in the planning area.
2151 The Portola Valley Elementary School District serves the Town of Portola Valley plus some areas beyond the town boundary. The Ormondale elementary school serves the entire Town of Portola Valley as does the Corte Madera intermediate school.

Thus, most children in the town have to travel considerable distances to school. As the population of the town grows, there may be a need for additional school facilities. The changing age composition of the population, however, makes it very difficult to project the number of school age children accurately. It is recommended that population changes be watched closely and appropriate school facility decisions be made in advance of any deficiencies. 2152 The Las Lomitas Elementary School District serves Ladera and a considerable area to the north. The Ladera elementary school, well located to serve that local community, is integrated with the adjoining recreational facilities of the Ladera Recreational District. The school is currently leased to a private school. Should the use of the school change, any new use should be compatible with the surrounding residential uses.
2153 One private school is shown on the plan diagram, the existing Woodside Priory school with grades 6 though 12.

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23 2154 Churches. Five churches are shown, three of which are in the town. All are well served by major thoroughfares. Additional churches may be needed in the planning area in the future. Those areas indicated as “institutional” on the plan diagram provide suitable locations for additional churches. 2155 Fire Stations. Fire protection to the town and most of the planning area is provided by the Woodside Fire Protection District. The district has a station on Portola Road near Alpine Road as shown on the comprehensive plan diagram. This station will provide primary service to the town. The other district station is located to the north in the Town of Woodside. For further description of fire service and fire hazards, see the safety element.
2156 Other Institutional Uses. Other appropriate institutional uses that may be needed in the town would include but not necessarily be limited to local governmental buildings. Each institutional use should be judged separately and, if compatible with other uses in the area, could be located in one of the local shopping and service areas or in the vicinity thereof.
2156a The town center contains the historic schoolhouse, town hall (administration building), meeting rooms, indoor recreation facilities, outdoor recreation facilities and the library. The site is within the San Andreas Rift Zone and occupancy of buildings should be related to the risk due to earthquake hazards. The outdoor recreation facilities at the site should be used and augmented as appropriate as a part of the town center (see the recreation element for further description). 2157 An extensive area is shown as “low intensity academic reserve” for Stanford University. This area is presently being used for various radio telescopes, antennas, other experimental installations, stabling and training facilities for horses, and agriculture. Where it does not interfere with these primary uses, lands are also used for grazing. Much of this area is visible from the Portola Valley area. The retention of agricultural uses is encouraged. Any further developments in this area by Stanford University should be referred to the local governments in the nearby areas so that the effects on these areas can be properly evaluated and modifications recommended where necessary and desirable. 2158 Another area owned by Stanford University and shown as “low intensity academic reserve” is the area designated “Webb Ranch” on the comprehensive plan diagram, Part 5. A portion of this area designated for agricultural use is described in the open space element. A variety of uses would be appropriate on the balance of the Webb Ranch and therefore a detailed plan for this area is not appropriate at this time. Town guidelines for development are appropriate, however, and are as follows:

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24 1. Lands within the area are appropriate for development of Stanford University’s academic program and closely related land uses provided the intensity of development and use conforms with standards and criteria set forth in this plan. Opportunities exist for outdoor education including study of plant and animal life, geology and paleontology.

2. The retention of agricultural uses is encouraged. These activities allow use of the land while retaining the essential natural open space qualities of the area. The combining of agricultural uses with educational programs may be feasible. Agricultural uses would be appropriate on all lands shown as low intensity academic reserve, as an interim use on lands ultimately to be used for academic purposes, or as permanent open space. Proper attention should be given to prevent stream pollution from agricultural activities.

3. Intensity of use should be compatible with present and planned uses of adjoining and nearby lands when measured by such factors as vehicular traffic, ratios of building coverage and floor space in buildings to land area, building height, daytime and nighttime population density, artificial light, glare, noise, emission of smoke, smog, dust, odor, vibration and radiation or other deleterious factors. The volume of site traffic generated (people and vehicle) should not exceed the capacity of off-site transportation facilities to handle such traffic with reasonable convenience. The limited traffic capacity of the system is a major factor in determining the appropriate intensity of development within this area. Expansion of transportation facilities should be controlled to preclude aesthetic or ecological damage. Because of physical limitations, road access within the area can be developed at only two points on Alpine Road. In addition, in the freeway design and construction, provision has been made for only one road under the freeway interconnecting the Stanford lands to the north and south. Consideration should also be given to potential failure of Searsville Dam and consequent downstream flooding.

4. Development on the “low intensity academic reserve” areas should allow very substantial open space (all natural or replanted). Paved areas and building ground coverage shall not count as open space. Each developed area should emphasize uninterrupted open space. All development should be concealed from view, through location, from Freeway 280, Alpine Road and residential uses as much as possible. The low intensity academic reserve designation is intended to help meet the objectives of Section 2158,3. and the scenic roads and highways element.
2159 – 2162 Not used.

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25 Public Facilities and Services
Objectives
2163 1. To ensure the development of public utilities in a manner that will cause minimum disruption of the natural beauty of the area.

2. To provide utilities adequate to serve local needs in the planning area.

3. To conserve natural resources and prevent pollution of water and air.

Principles
2164 1. All lines and facilities related to the transmission and distribution of power and telecommunications should be placed underground. If this is not practical and such lines or facilities are to be placed aboveground, the impact should be compensated by the undergrounding of lines or facilities in other locations within the planning area. The undergrounding of lines and facilities should be balanced against adverse effects on native vegetation.

2. A program should be developed for progressively placing existing overhead lines underground.

3. All utility installations should be sited, designed, developed and landscaped so as to blend with the natural scenery of the area.

4. All utility installations should be designed to minimize damage from identified geologic hazards.

5. Water, electric and gas supply lines should be loop systems where feasible.

6. Water supply systems must conform with established health and fire protection standards.

7. Waste water must not pollute ground water or streams or cause public or private nuisance.

8. Vegetative ground cover should be sustained to prevent storm water erosion. Unobstructed natural drainage channels should remain the principal storm drainage system, and riparian vegetation along their sides should be maintained in order to reduce erosion and bank failure and preserve habitat.

Publicly owned drainage structures should be provided and maintained in accordance with the current Storm Drainage Plan of Portola Valley.

ATTACHMENT 4 Page 180 of 285
Land Use
26 9. A solid waste and hazardous waste program which will assure adequate services, protect health, reduce waste generation and conserve energy and resources without adversely affecting the environment should be supported.

Wastes resulting from animal keeping should also be controlled and disposed of in a sanitary manner.

10. The planting of native vegetation in developments should be encouraged as a water conservation measure.

11. Utilities should first serve adjoining areas and then be incrementally extended to serve contiguous new development rather than be extended so as to allow development to “leap-frog” over intervening lands.

12. Whenever there is a known limited supply of a public facility or service which is beyond the control or ability of the town to overcome, such limited facility or service shall be allocated approximately evenly over the time period of the anticipated shortage.

Description
2165 It is recognized that this general plan shows areas for development which are not served by utilities or which have utilities inadequate to serve additional development. Such areas shall not be developed until all utilities are supplied. 2165a In the planning area, where the preservation of the natural scenery and environment is the one most important consideration by most residents, it appears appropriate to require that all public facilities not detract from the natural environment but to the maximum extent possible blend into the natural setting. In order to ensure that this is done, adequate review procedures should be established.

ATTACHMENT 4 Page 181 of 285
Land Use: Appendices
27 Land Use Element Appendix 1:

Calculating Holding Capacity for the Land Use Element
The holding capacity of the general plan is an estimate of the total number of housing units that could be accommodated within the planning area under the plan proposals when and if the land is fully developed. It is a maximum figure and may be approached in time, but will probably never be achieved since some properties will never be developed to their fullest potential. The holding capacity shows a reduction in the overall holding capacity projected at the time the general plan for the Portola Valley area was originally prepared in 1964. This reduction is primarily a result of greater awareness by the town of development constraints imposed by unstable lands and conscious policies to reduce unnecessary exposure of persons and property to potential geologic hazards. The housing unit holding capacities were derived in the following manner.

1. Within existing subdivisions, the number of existing houses, vacant lots and potential lots that could be created through resubdivisions were counted. A small percentage of the vacant lots may never be built upon due to geologic hazards.

2. In unsubdivided areas, the residential land use intensity standards and policies contained in Sections 2106, 2106a and 2106b of the land use element were applied to obtain an estimate of the potential number of lots (see the detailed explanation below).

3. The number of lots from 1 and 2 above were added to obtain the housing unit holding capacity.

Estimating the number of lots in unsubdivided areas
The housing unit holding capacity for undeveloped lands was calculated by applying the residential land use intensity standards for each parcel and considering analysis of slope, unstable lands, and land that could be reasonably developed within the objectives and principles of the land use element. In some cases, the other factors analyzed reduced the holding capacity below the level that would be expected if only the basic land use intensity standard were applied. This is true in particular for lands with severe geologic stability problems whose holding capacity was calculated as follows:

1. Areas of geologic instability (Pmw, Ms, Pd, Psc, Md, Pf) and areas of geologic stability (Sbr, Sun, Sex, Sls, Ps) were identified. These areas are shown on the map “Movement Potential of Undisturbed Ground” for Portola Valley as of 1/23/76, as amended through 1995.

2. The land use intensity standards for the parcel were determined from the comprehensive plan diagram and section 2106 of the land use element. The ATTACHMENT 4 Page 182 of 285
Land Use: Appendices
28 methods of applying the standards are those in effect in the Portola Valley zoning ordinance.

3. The land use intensity standards were applied to geologically stable areas providing a housing unit yield for stable lands.

4. The land use intensity standards were applied to the geologically unstable lands to obtain a housing unit yield that would be expected if there were no severe geologic constraints present. Then, to account for geologic instability, the yield was reduced by 90%. This reduction stems from the provisions of Sec. 2106 b. of the general plan. It was assumed that the remaining housing unit yield of 10% could be transferred to stable portions of the same parcel.

5. The housing unit yield from 3 and 4 above were added to obtain total housing unit holding capacity for the parcel.

ATTACHMENT 4 Page 183 of 285
Land Use: Appendices
29 HOLDING CAPACITIES
Residential Area Land Use Estimated Holding Capacity
Intensity Existing 1996 Housing Units
Housing Units1
1 2
3 4
2 5
3 Low-Medium 205
100
30 539
149
1,023
207
116
37 542
157
1,059
6 7
Low 56
553
609
60 582
642
8 9
104
114
Conservation Residential 268
224
105
46 643
322
290
143
116
871
12 Open Residential 15 44
Planning Area Total
(all areas)
2,290 2,616
Portola Valley Total
(Areas 1-3, 6-9, 11, 12)
1,497 1,774
Totals may not add due to rounding
1 Estimated numbers of existing housing units are from available records for approximately March 1996. The records were least accurate for areas 5 and 10. Due to the small number of housing units in these areas, however, minor inaccuracies would not significantly affect the planning area totals. 2 The existing number of housing units in 1996 is from the Los Trancos Woods Community Association. 3 The existing number of housing units in 1996 is from the San Mateo County Planning Department. 4 Although residential area 11 includes The Sequoias, the number of housing units and persons at The Sequoias are not included in the area 11 figures. Since the population at The Sequoias is approximately 325, the total holding capacity for the town is approximately 5,000 persons and for the planning area approximately 7,100 persons.

ATTACHMENT 4 Page 184 of 285
Land Use: Appendices
30 Land Use Element Appendix 2:

Implementation of the Land Use Element
Actions to date:

1. A wide range of recommendations are set forth in Appendix 5 of the Portola Valley General Plan adopted in 1965 pertaining to needed rezonings and other regulating ordinances. These recommendations were all subsequently enacted.

These regulations guide implementation of the plan except where public purchase of property may be required. (See Open Space Appendix 2:

Implementation of the Open Space Element for examples).

2. The 1977 general plan amendments included provisions regarding a new “Open Residential” category, revised guidelines for clustering, allowed only partial density credit for unstable lands and added impervious surface limitations and new provisions for accessory living quarters, among other changes. These changes have been reflected in amendments to the zoning ordinance.

3. The 1980 general plan amendments, among other matters, changed the land use intensity for the “Conservation-Residential” category from one to two net acres per housing unit. This change has been reflected in the zoning ordinance.

Future actions:

1. The town should undertake the preparation of a plan for the Portola Road corridor.

ATTACHMENT 4 Page 185 of 285
2926-2023 05/10/23

EPHEMERAL CREEK/DRAINAGE
h�ps://calchamber ps://calchamber-wa.azurewebsites.net wa.azurewebsites.net

COMMUNITY PARK, PRIVATE OPEN SPACE, GREENWAY,

CREEK/DRAINAGE
MIXED USE (3 - 6)
*SUPPORTIVE HOUSING OVERLAY APPLIED TO 4394 ALPINE ROAD PER 6TH CYCLE HOUSING ELEMENT ATTACHMENT 4 Page 186 of 285
1 PLANNING COMMISSION
RESOLUTION # 2023

A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF PORTOLA VALLEY RECOMMENDING THE TOWN COUNCIL ADOPT THE 2023-2031 HOUSING ELEMENT

UPDATE AND OTHER GENERAL PLAN AMENDMENTS

REQUIRED TO CONFORM WITH THE UPDATED HOUSING ELEMENT
WHEREAS, the California Government Code Section 65300 et. seq. requires every city and county in California to adopt a General Plan for its long-range development, and further, to periodically update that Plan to reflect current conditions and issues; The Current Affordability Crisis
WHEREAS, the California legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Gov. Code Section 65589.5.);
WHEREAS, the legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.” (Gov. Code Section 65589.5.); The Town’s RHNA Allocation
WHEREAS, State Housing Element Law (Article 10.6 of Gov. Code) requires that the Town Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the Town of Portola Valley’s (Town) regional housing need allocation (RHNA) of 253 housing units, comprised of 73 very-low income units, 42 low-income units, 39 moderate-income units, and 99 above moderate-income units together with an appropriate buffer to ensure compliance with the “no net loss” requirements of Housing Element law;
Housing Element Law Requirements
WHEREAS, State law requires that the Town conduct an assessment of housing needs and prepare an inventory of resources and constraints relevant to the meeting of these needs, including analysis of population and employment trends, household characteristics, inventory of land suitable and available for residential development (Gov. Code Section 65583(a)); WHEREAS, State law requires that the Town identify a zone or zones where emergency shelters are allowed as a permitted use with sufficient capacity to accommodate the need for emergency shelter identified in the assessment of housing needs (Gov. Code Section 65583(a)(4));
WHEREAS, State law requires that the Town analyze potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including for special housing needs and persons with disabilities, land use controls, fees, and ATTACHMENT 5 Page 187 of 285
2 permit procedures, along with efforts to remove governmental constraints (Gov. Code Section 65583(a)(5));
WHEREAS, State law requires that the Town analyze 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 identified in the sites inventory, along with local efforts to remove nongovernmental constraints (Gov. Code Section 65583(a)(6));
WHEREAS, State law requires that the Town analyze special housing needs, such as those of the 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 Section 65583(a)(7));
WHEREAS, State law requires that the Town analyze opportunities for energy conservation with respect to residential development (Gov. Code Section 65583(a)(8)); WHEREAS, State law requires that the Town analyze existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years (Gov. Code Section 65583(a)(9));
WHEREAS, State law requires that the Town prepare a statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing (Gov. Code Section 65583(b));
WHEREAS, State law requires that the Town prepare a program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, 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, the utilization of appropriate federal and state financing (Gov. Code Section 65583(c)); WHEREAS, State law requires that the Town 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 that portion of the Town’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory without rezoning (Gov. Code Section 65583(c)(1)); WHEREAS, State law requires that, where the Town identifies inadequate sites in the inventory to accommodate the need for groups of all household income levels, that the rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year Housing Element planning period, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Gov. Code Section 65585;
WHEREAS, State law requires that the Town identify programs that assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households (Gov. Code Section 65583(c)(2)); ATTACHMENT 5 Page 188 of 285
3 WHEREAS, State law requires that the Town identify programs that 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 (Gov. Code Section 65583(c)(3)); WHEREAS, State law requires that the Town identify programs that conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action (Gov. Code Section 65583(c)(4));
WHEREAS, State law requires that the Town identify programs that 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 protected characteristics, and any other state and federal fair housing and planning law (Gov. Code Section 65583(c)(5)); WHEREAS, State law requires that the Town identify programs that preserve for lower income households the assisted housing developments that are eligible to change from lowincome housing uses during the next 10 years (Gov. Code Section 65583(c)(6)); WHEREAS, State law requires that the Town develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent for very low, low-, or moderate-income households (Gov. Code Section 65583(c)(7)); WHEREAS, State law requires that the Town identify the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other General Plan Elements and community goals (Gov. Code Section 65583(c)(8));
New Affirmatively Furthering Fair Housing (AFFH) Requirements WHEREAS, State law requires that the Town make a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the Housing Element, and the program shall describe this effort (Gov. Code Section 65583(c)(9));
WHEREAS, State law requires that the Town affirmatively further fair housing in accordance with Gov. Code Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2 (Gov. Code Section 65583(c)(10));
WHEREAS, State law requires that the Town include a summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity (Gov. Code Section 65583(c)(10)(A)(i)); WHEREAS, State law requires that the Town include an analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk (Gov. Code Section 65583(c)(10)(A)(ii));
ATTACHMENT 5 Page 189 of 285
4 WHEREAS, State law requires that the Town include an assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues (Gov. Code Section 65583(c)(10)(A)(iii)); WHEREAS, State law requires that the Town identify the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved (Gov. Code Section 65583(c)(10)(A)(iv));
WHEREAS, State law requires that the Town include strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as placebased strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement (Gov. Code Section 65583(c)(10)(A)(v));
WHEREAS, State law allows local government to satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters by adopting and implementing a multijurisdictional agreement (Gov. Code Section 65583(d)); Public Outreach and Review Process
WHEREAS, the Town conducted extensive community outreach over 24 months and totaling approximately 146.5 hours over the course of 45 public meetings, including the following public meetings to discuss various aspects of the Housing Element update (current through October 26, 2023): 14 Town Council meetings; 12 Planning Commission meetings; 1 Joint Town Council and Planning Commission meeting; 15 Ad Hoc Housing Element Committee meetings; 2 Ad Hoc Committee of Town Committees meetings; and 2 Community-Wide meetings; WHEREAS, the Town has submitted versions of the Housing Element to the State Department of Housing and Community Development (HCD) for review and has had multiple meetings with HCD Staff regarding provisions of the Housing Element to be modified to meet State Housing Element Law;
WHEREAS, on May 26, 2023, the Town submitted the Housing Element adopted by the Town Council on May 10, 2023 to the State Department of Housing and Community Development (HCD) for review;
WHEREAS, on July 25, 2023, HCD provided the Town with a comment letter on the Adopted Housing Element (Exhibit A) enumerating revisions necessary to substantially comply with the State Housing Element Law (Gov. Code § 65580 et seq). Based on the comments provided by HCD, Town staff revised the Housing Element to include additional information and data to support the Town’s position that the proposed programs and zoning changes would be adequate to accommodate the RHNA and affirmatively further fair housing. Furthermore, Town Staff and consultants drafted revisions to the Housing Element Programs to further demonstrate the Town’s commitment to enabling housing development across all income categories. The Housing Element modifications from the previously adopted version are described in the Staff memo dated December 1, 2023 and accompanying table, both of which are included in Exhibit B; Environmental Review Process
ATTACHMENT 5 Page 190 of 285
5 WHEREAS, the Town, as lead agency under the California Environmental Quality Act (“CEQA”), prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for the Housing Element, Safety Element, conforming General Plan amendments and zoning code amendments and circulated it for public review;
WHEREAS, on February 15, 2023, the Planning Commission conducted a public hearing to review the Response to Comments memorandum addressing the verbal comments made by Members of the Planning Commission and the public on November 16, 2022, the adequacy of the IS/MND, and the recommended text changes to the IS/MND. The Planning Commission then recommended approval of the IS/MND and updated Response to Comments; WHEREAS, on March 29, 2023, the Town Council conducted a public hearing on the IS/MND and adopted Resolution No. 2922-2023 adopting the IS/MND, the Updated Response to Comments, and the Mitigation Monitoring and Reporting Program (MMRP), as updated at the March 22, 2023 and March 29, 2023 public hearings;
WHEREAS, none of the minor modifications to the Housing Element and conforming General Plan Amendments require subsequent or supplemental environmental analysis under CEQA described in Public Resources Code Section 21166 and CEQA Guidelines Section 15162.

None of the following triggers have occurred: a substantial change to the project; a substantial change to the circumstances under which the project is being undertaken, or new information, which was not known and could not have been known at the time the environmental analysis was completed, becomes available. Therefore, no additional environmental analysis has been conducted and the IS/MND adopted on March 29, 2023 remains valid; Conforming General Plan Amendments
WHEREAS, on November 30, 2022, the Planning Commission discussed amendments to the General Plan required to conform with the Housing Element.

WHEREAS, these programs included: the creation of a new “Gateway” district that allows affordable housing, recreation, and open space; the creation of two new multi-family land use classifications allowing up to four and 23 dwelling units per acre, respectively; an “opt-in” overlay provision permitting limited single family homes to voluntarily upzone to up to 4 units (not to exceed a townwide total of 12 units), and a new mixed-use land use classification to allow for up to six dwelling units per acre. These changes will require relatively minor conforming updates to the Land Use Element, the Nathhorst Triangle Plan, and corresponding maps/diagrams; WHEREAS, on November 30, 2022, the Planning Commission also discussed the need to update the Alpine Scenic Corridor Plan to clarify that any new development along the Alpine Scenic Corridor should be designed to respect the Plan’s scenic principles and provide sufficient setback for the use of Alpine Road as a major evacuation corridor. The Planning Commission also discussed that the Land Use Element be updated to remove outdated, impermissible limits on household composition;
WHEREAS, on March 6, 2023, the Planning Commission further discussed amendments to the General Plan required to conform with the Housing Element as required for general plan consistency and on May 10, 2023, the Town Council approved Resolution 2926-2023 approving General Plan Amendments required to conform to with the Housing Element including the changes described above;
ATTACHMENT 5 Page 191 of 285
6 WHEREAS, on December 20, 2023, the Planning Commission reviewed additional amendments to the General Plan to conform with the modified 2023-2031 Housing Element.

These proposed amendments include:
• Changes to the Comp Plan Diagram:
o Legend:
▪ Updated Mixed Use to be 3-6 du/ac
▪ Updated Medium Multi-Family to be 20-23 du/ac
▪ Added “Low” and “Medium” to the Multi-Family categories for clarity o Changed 4394 Alpine Rd to be the Mixed Use color on the map • Changes to the Nathhorst Triangle Diagram:
o Changed 4394 Alpine Rd to be Mixed Use pattern on the map o Legend:
▪ Updated Mixed Use to be 3-6 du/ac
▪ Removed Multi-Family
• Amendments to the Land Use Element:
o Residential Category Table:
▪ Revised intensity of dwelling units per acre to be 20-23 du/ac for MultiFamily – Medium ▪ Revised intensity of dwelling units per acre to be 3-6 du/ac for Mixed-use o Changed text for 2106.2 Multi-Family – Medium description to be “no more than twenty-three dwelling units per acre.”
WHEREAS, after drafting revisions to the Adopted Housing Element based on HCD’s July 25, 2023 comment letter, the Town published the modified 2023-2031 Housing Element on the Town website on December 1, 2023 for a seven-day comment period as required by State Law and requested public comment on the final draft. The comment period started on Monday, December 4, 2023 and closed at 5:00 p.m. on Monday December 11, 2023. Seven comment letters were received from the public;
WHEREAS, at the suggestion of HCD staff, the modified 2023-2031 Housing Element was concurrently submitted to HCD on December 1, 2023 for their review and finding of substantial conformance with State Housing Element Law; WHEREAS, the Planning Commission held a public hearing on December 20, 2023, considered all public comments received, the presentation by Town staff, the staff report, and all other pertinent documents regarding the proposed request, which are incorporated by reference; WHEREAS, the Planning Commission has reviewed the modified 2023-2031 Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings in Exhibit A, the Town’s response to HCD’s findings in Exhibit B, the staff report and all attachments, and oral and written public comments; and determined the Housing Element to be consistent with State law and the General Plan;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby makes the following findings to recommend the Town Council approve the General Plan amendment to update the Housing Element and other portions of the General Plan (collectively “General Plan amendments”) for consistency with the Housing Element:

1. The findings set forth in this resolution are hereby incorporated.

ATTACHMENT 5 Page 192 of 285
7 2. The findings in Planning Commission Resolution No. 2023 - 3 are hereby incorporated. The Commission finds that on the basis of the whole record before it, there is no substantial evidence that the adoption of the Housing Element and the General Plan amendments, as mitigated in the Mitigated Negative Declaration, will have a significant impact on the environment.

3. The proposed Housing Element amendment attached to the Staff Report as Attachment 1 is necessary to implement the State Housing Element law. The Housing Element will accommodate higher density multifamily housing to expand housing options and affordability.

4. The Housing Element substantially complies with Housing Element Law, as provided in Government Code 65580 et seq. and contains all provisions required by State Housing Element Law.

5. A key principle of General Plan law is that each element in the General Plan must be consistent with one another. Therefore, to ensure consistency with the Housing Element the Planning Commission recommends that the Town Council adopt the following minor conforming amendments to other General Plan elements: the Comp Plan Diagram, the Nathhorst Triangle Diagram; and the Land Use Element to update the residential category table and change the text for the Multi-Family – Medium description as described in this resolution.

6. The proposed General Plan amendments will not be detrimental to the public interest, convenience, and general welfare of the Town. The amendments will result in a logical placement of land uses consistent with the overall intent of the General Plan and facilitate housing development opportunities at a range of income levels and household types. The proposed General Plan amendments will facilitate the development, maintenance, and improvement of adequate and affordable housing for new and existing residents, which will be a benefit to the public.

7. The Planning and Building Director is hereby authorized to make non-substantive changes to the Housing Element to address comments received from HCD. * * * * * * * * *
Passed and Adopted at this special meeting of the Planning Commission of the Town of Portola Valley on December 20, 2023.

By: _________________________
Jonathan Goulden, Chair
ATTEST:
____________________________
Jon Biggs, Interim Planning and Building Director
ATTACHMENT 5 Page 193 of 285
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
July 25, 2023
Laura Russel, Director
Planning and Building Department
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Dear Laura Russel:

RE: Town of Portola Valley’s 6th Cycle (2023-2031) Adopted Housing Element Thank you for submitting the Town of Portola Valley’s (Town) housing element adopted on May 10, 2023 and received for on May 26, 2023. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from Kevin Burke and David Kellogg pursuant to Government Code section 65585, subdivision (c).

The adopted element addresses many statutory requirements described in HCD’s November 9, 2022 review; however, revisions will be necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the Town failed to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), Program 1-1 and 1-2 (Rezoning) to rezone 106 units including 64 lower-income units to accommodate the regional housing needs allocation (RHNA) must be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the Town fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c),paragraph (1), subparagraph (A) and Government Code section 65583.2, subdivision (c) are completed.

ATTACHMENT 5

EXHIBIT A