TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, January 24, 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
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. Mid-Pen Open Space District- Special Presentation by Joshua Hugg
4. TOWN MANAGER REPORT
There are no written materials, and the Town Council does not take action under this agenda item.
5. CONSENT AGENDA
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Town of Portola Valley – Council Agenda
January 24, 2024
a. Approval of Minutes - Meeting Minutes of January 10, 2024 b. Approval of Warrant List- 01/24/2024
c. Second Reading: Waive the Final Reading and Adopt Ordinance Updating Animal Control Chapter 6.04 of the Municipal Code
d. Approval of 2024 Council Liaison Appointments
6. REGULAR AGENDA
a. Continued Item- 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 February 14, 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.
There are no written materials for Item 3 a.
There are no written materials for Item 4
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- January 10, 2024
1. CALL TO ORDER- REGULAR SESSION
The Wednesday, January 10, 2024, Regular Meeting of the Mayor and Council of the Town of Portola Valley convened at approximately 7:01 PM
2. ORAL COMMUNICATIONS
The following spoke during oral communications:
• Martin Miller
• Karen Askey
• Rita Comes
• Danna Breen
• Caroline Vertongen
Regular Session Roll Call
Present: Mayor Wernikoff, Vice Mayor Hasko, and Councilmembers Aalfs, Hufty, and Taylor
3. PRESENTATIONS
a. Historical Resource Committee Award; Recognizing respectful restoration of historic properties in Portola Valley
• Public Comment: None
b. Proclamation for Carol Borck; Honoring 25 years of service The following spoke during public comment:
• Rita Comes
• Danna Breen
• Martin Miller
• Kim Giuliacci from Woodside FPD
• Kristi Corley
All council members commented on Item 3 b. and personally thanked Carol Borck for her dedication and service to the Town of Portola Valley
4. TOWN MANAGER REPORT
There are no written materials, and the Town Council does not take action under this agenda item.
• Public Comment: None
5. CONSENT AGENDA
Minutes of the January 10, 2024, Regular Town Council Meeting
The following spoke during public comment for items on the consent agenda:
• Rita Comes
• Caroline Vertongen
• Martin Miller
Councilmember Hufty pulled Item 5 b.
Mayor Wernikoff asked for a motion to approve Items 5 a., 5 c., and 5 d.
Councilmember Taylor made a motion, seconded by Councilmember Aalfs, to approve Items 5 a., 5 c., and 5 d. on the consent agenda. The motion passed by the following vote:
Ayes: Mayor Wernikoff, Vice Mayor Hasko, Councilmembers Aalfs, Hufty, and Taylor Nays: None
a. Approval of Minutes- Regular Meeting Minutes of December 13, 2023 b. Approval of Warrant Lists- 12/27/23 and 01/10/24
Mayor Wernikoff asked for a motion to approve Items 5 b.
Councilmember Hufty made a motion, seconded by Councilmember Taylor, to approve Items 5 b. on the consent agenda. The motion passed by the following vote:
Ayes: Mayor Wernikoff, Vice Mayor Hasko, Councilmembers Aalfs, Hufty, and Taylor Nays: None
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 The following spoke in public comments:
• Caroline Vertongen
Interim Town Attorney, Catherine Engberg introduced the ordinance. Marlene Dehlinger and Lori Morton-Feazell from San Mateo County remotely joined the meeting to answer questions or provide clarification on the ordinance.
Mayor Wernikoff asked for a motion to approve Items 5 b.
Councilmember Aalfs made a motion, seconded by Councilmember Taylor, to approve first reading of Item 6 a. on the regular agenda. The motion passed by the following vote:
Ayes: Mayor Wernikoff, Vice Mayor Hasko, Councilmembers Aalfs, Hufty, and Taylor Nays: None
b. Dissolve and Restructure Certain Advisory Committees Patty Dewes, Chair of Parks and Recreation Committee, spoke about the committee restructure
Minutes of the January 10, 2024, Regular Town Council Meeting
and committee chart
The following spoke in public comments:
• Dale Pfau
• Rita Comes
• Caroline Vertongen
• Kristi Corley
• David Cardinal
• Ellen Vernazza
Mayor Wernikoff asked for a motion to adopt Item 6 b.
Councilmember Taylor made a motion to approve but allow the Emergency Preparedness Committee to meet again and decide if they want to dissolve at a later date, seconded by Councilmember Aalfs. The motion passed by the following vote:
Ayes: Mayor Wernikoff, Vice Mayor Hasko, Councilmembers Aalfs, Hufty, and Taylor Nays: None
Back in Session after 10-minute break at 9:17 PM
c. Adoption of 2023-2031 Portola Valley Housing Element Update and Conforming General Plan Amendments
Interim Planning Director, Jon Biggs gave a brief presentation about some last-minute changes received from HCD before the meeting.
The following spoke in public comments:
• Martin Miller
• Rita Comes
• Bob Adams
Mayor Wernikoff asked for a motion to adopt Item 6 c.
Councilmember Aalfs made a motion to approve, seconded by Councilmember Taylor.The motion passed by the following vote:
Ayes: Mayor Wernikoff, Vice Mayor Hasko, Councilmembers Aalfs, Hufty, and Taylor Nays: None
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.
The following spoke in public comments:
• Caroline Vertongen
• Kristi Corley
• Rita Comes
8. ADJOURNMENT
At 10:21 PM, the Mayor adjourned the January 10, 2024 meeting. The next Regular Town Council meeting will be held on January 24, 2024, at 7:00 PM
TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
January 24, 2024
Claims totaling $318,337.48 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 01/18/2024 10:51 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 3827 44 BANK OF AMERICA 6,135.22 01/24/24 EFTPS3828 78 CALIFORNIA WATER SERVICE CO 2,119.51 01/24/243829 80 CALPERS 7,814.08 01/24/24 EFTPS3830 121 SCA OF CA, LLC 9,411.65 01/24/243831 124 COMCAST 496.93 01/24/243832 176 EXCEL LD 18.54 01/24/243833 195 GOOD CITY COMPANY 40,483.75 01/24/243834 203 GREEN HALO SYSTEMS 114.00 01/24/243835 208 HARRELL REMODELING 1,000.00 01/24/243836 213 HILLYARD INC 568.74 01/24/243837 214 HINDERLITER DE LLAMAS & ASSOC 795.16 01/24/243838 218 MISSIONSQUARE RETIREMENT 3,698.25 01/24/24 EFTPS3839 227 INTERSTATE TRAFFIC CNTRL 1,071.75 01/24/243840 234 J. W. ENTERPRISES 546.88 01/24/243841 267 KARI CHINN 147.94 01/24/243842 275 KRUPKA CONSULTING 5,075.00 01/24/243843 276 KUTZMANN & ASSOCIATES 28,141.50 01/24/243844 283 LEAGUE OF CALIFORNIA CITIES 3,585.00 01/24/243845 295 LYNX TECHNOLOGIES INC 375.00 01/24/243846 334 NOLTE ASSOCIATES INC 13,054.41 01/24/243847 337 O. NELSON & SON INC. 15,036.00 01/24/243848 364 PERS HEALTH 17,960.11 01/24/24 EFTPS3849 367 PG&E 22,646.65 01/24/24 EFTPS3850 375 PLATINUM FACILITY SERVICES 4,936.68 01/24/243851 376 PORTOLA VALLEY HARDWARE 221.24 01/24/243852 403 RON RAMIES AUTOMOTIVE INC. 195.45 01/24/243853 428 SHARP BUSINESS SYSTEMS 310.02 01/24/243854 437 SMALL BUSINESS BENEFIT PLAN TR 2,931.40 01/24/243855 445 STANDARD INSURANCE CO. 807.78 01/24/243856 448 STATE COMP INSURANCE FUND 6,005.67 01/24/24 EFTPS3857 489 VERIZON WIRELESS 490.73 01/24/24 EFTPS3858 505 WOODSIDE FIRE PROTECTION DISTR 8,077.89 01/24/243859 518 GOT GOPHERS? 525.00 01/24/243860 680 MILLIMAN 3,150.00 01/24/243861 736 BOCANEGRA CONSTRUCTION 1,000.00 01/24/243862 789 CESAR DONOFRIO 1,002.50 01/24/243863 847 LISA WISE CONSULTING 6,720.00 01/24/243864 854 WALTER KRUBERG 1,000.00 01/24/243865 860 STEPFORD 7,171.42 01/24/243866 864 DAILY POST 281.25 01/24/243867 889 FORREST LINEBARGER 699.75 01/24/243868 914 UNITED MECHANICAL INC 2,839.82 01/24/243869 935 LADRIS TECHNOLOGIES, INC 10,000.00 01/24/243870 946 JARVIS FAY LLP 380.00 01/24/243871 949 PORTER CAPITAL CORPORATION 3,168.00 01/24/24
apachreg Town of Portola Valley mmagahiz 01/18/2024 10:51 Page 2 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date Type 3872 1016 SHUTE, MIHALY & WEINBERGER LLP 27,457.52 01/24/243873 1065 WALTER EVANS 3,846.00 01/24/243874 1067 KRISCH & COMPANY 26,797.50 01/24/243875 1087 ULINE, INC. 2,114.79 01/24/243876 1094 ITE & LANDSCAPE SERVICES, INC. 8,590.00 01/24/243877 1095 C. WRIGHT & WRIGHT ENTERPRISES 1,000.00 01/24/243878 1096 WATERMAN AND SUN 967.00 01/24/243879 1097 ALL WEATHER ROOFING 1,000.00 01/24/243880 1098 SHEA BOITANO 268.00 01/24/243881 1099 PATRICK POWERS PLUMBING & REMO 1,000.00 01/24/243882 1100 KEVIN WEIL 3,086.00 01/24/24Check totals: 253,586.77ACH totals:EFTPS totals: 64,750.71Wire transfer totals:Payment Manager totals:GRAND TOTALS 318,337.48Check totals: 253,586.77ACH totals:EFTPS totals: 64,750.71Wire transfer totals:Payment Manager totals:GRAND TOTALS 318,337.48
8 .
apapdinv2 mmagahiz Town of Portola Valley Page 1
10:52 01/18/24 Paid Invoices by Date
From: 01/24/2024 to 01/24/2024
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 44 BANK OF AMERICA
01/24/24 3827 December Statement 6,135.22 6,135.22 1388-DEC23 Vendor: 78 CALIFORNIA WATER SERVICE CO
3828 Water Service 12/12/23 - 1/11/24 2,119.51 2,119.51 DEC-2023 Vendor: 80 CALPERS
3829 January Unfunded Liability 7,814.08 7,814.08 100000017402170 Vendor: 121 SCA OF CA, LLC
3830 July Litter/Street Clean 9,411.65 1,782.06 106685CS August Litter/Street Clean 1,782.06 106916CSDecember Qrtly Litter/Street Clean 5,847.53 107859CS Vendor: 124 COMCAST
3831 WIFI-01.16.2024-02.15.2024 496.93 496.93 7290-JAN24 Vendor: 176 EXCEL LD
3832 December Telephone LD Services 18.54 18.54 1197494989 Vendor: 195 GOOD CITY COMPANY
3833 Planning Consultant Services - December 2023 40,483.75 40,483.75 3435 Vendor: 203 GREEN HALO SYSTEMS
3834 January Hosting & Access 114.00 114.00 4706
Vendor: 208 HARRELL REMODELING
3835 Deposit Refund, 4 Valley Oak 1,000.00 1,000.00 BLDR0193-2023 Vendor: 213 HILLYARD INC
3836 Janitorial Supplies 568.74 568.74 605353306
Vendor: 214 HINDERLITER DE LLAMAS & ASSOC
3837 Sales Tax Audit Svcs - Q4 2023 795.16 795.16 SIN034635 Vendor: 218 MISSIONSQUARE RETIREMENT
3838 Deferred Comp - January 15, 2024 3,698.25 3,698.25 JANUARY-202415 Vendor: 227 INTERSTATE TRAFFIC CNTRL
3839 Various Road and Traffic Signs 1,071.75 1,071.75 260936 Vendor: 234 J. W. ENTERPRISES
3840 Handicap Unit Rental & Services 546.88 315.44 255521 Handicap Unit Rental & Services 231.44 255522
8 .
apapdinv2 mmagahiz Town of Portola Valley Page 2
10:52 01/18/24 Paid Invoices by Date
From: 01/24/2024 to 01/24/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 267 KARI CHINN
3841 Staff Anniversary 147.94 147.94 FRRS-24-1
Vendor: 275 KRUPKA CONSULTING
3842 Traffic Planning & Flashing Beacons 5,075.00 5,075.00 1388 Vendor: 276 KUTZMANN & ASSOCIATES
3843 FY22-23_Outstanding_Invoices_Recon 28,141.50 28,141.50 FY22-23 HRLYFEE Vendor: 283 LEAGUE OF CALIFORNIA CITIES
3844 2024 Annual Member Dues 3,585.00 3,585.00 INV-11768-S8M6S Vendor: 295 LYNX TECHNOLOGIES INC
3845 GIS Professional Services in December 375.00 375.00 10065 Vendor: 334 NOLTE ASSOCIATES INC
3846 November Applicant Charges & PW Support 13,054.41 13,054.41 NOV-2023 Vendor: 337 O. NELSON & SON INC.
3847 Misc. Gutter/CB/Slide clean-up 15,036.00 15,036.00 265 Vendor: 364 PERS HEALTH
3848 January Health 17,960.11 17,960.11 100000017391337 Vendor: 367 PG&E
3849 December- January Statements 22,646.65 21,061.22 JAN-2024 December- January Statements 2 1,585.43 JAN-2024 2
Vendor: 375 PLATINUM FACILITY SERVICES
3850 Janitorial Services - December 2023 4,936.68 4,488.67 47822 Janitorial Services - Dec 2023. Fridays disinfection svcs 448.01 47823 Vendor: 376 PORTOLA VALLEY HARDWARE
3851 December Statement 221.24 221.24 193-DEC23
Vendor: 403 RON RAMIES AUTOMOTIVE INC.
3852 December Fuel Statement 195.45 195.45 G20231231-1
Vendor: 428 SHARP BUSINESS SYSTEMS
3853 Dec Copies 310.02 310.02 9004673477
Vendor: 437 SMALL BUSINESS BENEFIT PLAN TR
3854 February Dental/Vision 2,931.40 2,931.40 FEB-2024
8 .
apapdinv2 mmagahiz Town of Portola Valley Page 3
10:52 01/18/24 Paid Invoices by Date
From: 01/24/2024 to 01/24/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 445 STANDARD INSURANCE CO.
3855 LTD/Life Premium 807.78 807.78 2023-DEC
Vendor: 448 STATE COMP INSURANCE FUND
3856 WC Premium, 01/06/2024-02/06/2024 6,005.67 6,005.67 1001844519 Vendor: 489 VERIZON WIRELESS
3857 December Cellular 490.73 490.73 9952644097
Vendor: 505 WOODSIDE FIRE PROTECTION DISTR
3858 12/01/23-12/31/23 Fire Mitigation Crew Support 8,077.89 8,077.89 WFPDCREW2023-24 Vendor: 518 GOT GOPHERS?
3859 Town Fields Gopher Trapping- December 2023 525.00 525.00 57076 Vendor: 680 MILLIMAN
3860 GASB 74/75 Online Access 3,150.00 3,150.00 167GSB072958002 Vendor: 736 BOCANEGRA CONSTRUCTION
3861 Deposit Refund, 157 Westridge 1,000.00 1,000.00 BLDR0155-2023 Vendor: 789 CESAR DONOFRIO
3862 Deposit Refund, 20 Sioux 1,002.50 1,000.00 BLDM0001-2023 Deposit Refund, 20 Sioux 02.50 BLDM0004-2021
Vendor: 847 LISA WISE CONSULTING
3863 Professional Services: November 2023 6,720.00 6,720.00 4722 Vendor: 854 WALTER KRUBERG
3864 Deposit Refund, 175 Meadowood 1,000.00 1,000.00 BLDR0049-2022 Vendor: 860 STEPFORD
3865 Onsite & Remote Field Services - December 7,171.42 112.50 2406039 Onsite & Remote Field Services - January 7,058.92 FC-JAN24 Vendor: 864 DAILY POST
3866 Public Hearing Advertisement - DEC 281.25 281.25 86762 Vendor: 889 FORREST LINEBARGER
3867 Deposit Refund, 151 Cervantes 699.75 699.75 PLNFNCE00042022 Vendor: 914 UNITED MECHANICAL INC
3868 Community Hall HVAC Repair 2,839.82 260.00 84893
Community Hall HVAC Maintenance 1,732.00 84894
8 .
apapdinv2 mmagahiz Town of Portola Valley Page 4
10:52 01/18/24 Paid Invoices by Date
From: 01/24/2024 to 01/24/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
01/24/24 3868 Plumbing - Library 2,839.82 847.82 85166
Vendor: 935 LADRIS TECHNOLOGIES, INC
3869 Evacuation Simulator/Operator Data Studio 10,000.00 10,000.00 1284 Vendor: 946 JARVIS FAY LLP
3870 Legal Services - Housing Element December 380.00 380.00 18367 Vendor: 949 PORTER CAPITAL CORPORATION
3871 Temp Service, Michelle Magahiz 01/01/24-01/07/24 3,168.00 1,584.00 7598 Temp Service, Michelle Magahiz 01/08/24-01/14/24 1,584.00 7613 Vendor: 1016 SHUTE, MIHALY & WEINBERGER LLP
3872 November Legal Service 27,457.52 27,457.52 NOV-23-SMW Vendor: 1065 WALTER EVANS
3873 Permit cancelled Insp Fee Refund -380 Portola 3,846.00 3,846.00 BLDR162-2022 Vendor: 1067 KRISCH & COMPANY
3874 Professional Services - Dec 2023 26,797.50 26,797.50 51889 Vendor: 1087 ULINE, INC.
3875 Emergency Sand Bags 2,114.79 2,114.79 171896554
Vendor: 1094 ITE & LANDSCAPE SERVICES, INC.
3876 Tree Service 8,590.00 8,590.00 1902
Vendor: 1095 C. WRIGHT & WRIGHT ENTERPRISES
3877 Deposit Refund - 5920 Alpine 1,000.00 1,000.00 BLDR0210-2023 Vendor: 1096 WATERMAN AND SUN
3878 Deposit Refund - 185 Cherokee 967.00 967.00 PLNFNCE00082023 Vendor: 1097 ALL WEATHER ROOFING
3879 Deposit Refund - 109 Brookside 1,000.00 1,000.00 BLDR0207-2023 Vendor: 1098 SHEA BOITANO
3880 Deposit Refund - 8 Hillbrook 268.00 268.00 PLNFNCE00112023 Vendor: 1099 PATRICK POWERS PLUMBING & REMO
3881 Deposit Refund - 340 Golden Oak 1,000.00 1,000.00 BLDR0131-2023 Vendor: 1100 KEVIN WEIL
3882 Deposit Refund - 2 Meadowcreek 3,086.00 3,086.00 BLDR0021-2021
8 .
apapdinv2 mmagahiz Town of Portola Valley Page 5
10:52 01/18/24 Paid Invoices by Date
From: 01/24/2024 to 01/24/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Check Date Totals 318,337.48
Grand Total 318,337.48
8 Approved by: Sharif Etman, Town Manager
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Catherine Engberg, Interim Town Attorney
DATE: January 24, 2024
RE: Second Reading: Waive Further Reading and Adopt Ordinance Updating Animal Control Chapter of the Municipal Code
RECOMMENDATION
Staff recommends that the Town Council waive further reading and adopt 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 (Attachment 1).
DISCUSSION
On January 10, 2024, the Town Council introduced the attached ordinance repealing and replacing Chapter 6.04, Animal Control, of the Portola Valley Municipal Code.
The following are the key provisions of the ordinance:
• 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.
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
Animal Control Ordinance (2nd Reading) January 24, 2024
• 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.
• 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. • 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.
If the Council adopts this ordinance tonight, it will go into effect 30 days thereafter.
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
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
ATTACHMENT 1
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
2024 COUNCIL LIAISON APPOINTMENTS
Town Committee Liaisons
Organization Liaison Alt Meeting Schedule
Bicycle Pedestrian Traffic Safety Hufty Aalfs 1st Wednesday @ 8:15am Cable & Utilities Hufty Aalfs As designated
Conservation Hufty Wernikoff 4th Tuesday @ 7pm
Finance & Audit Taylor Hasko As designated
Geologic Safety Hasko Hufty 2nd Monday @ 10am
Open Space Hasko Taylor Bi-monthly, 1st Thur @ 7pm
Trails & Paths Wernikoff Hasko 3rd Wednesday @ 9am
Wildfire Preparedness Taylor Hasko 3rd Wednesday @ 4pm
Emergency Preparedness Aalfs Taylor 1st Thursday @ 8am
Community Liaisons
Organization Liaison Alt Meeting Schedule
Portola Valley School District Hasko Wernikoff Bi-monthly, as designated Sequoias Hasko Taylor As designated
Friends of the PV Library Wernikoff Hufty Quarterly, mornings Regional Liaisons
Organization Liaison Alt Meeting Schedule
Portola Valley School District Hasko Wernikoff Bi-monthly, as designated Sequoias Hasko Taylor Ad designated
Friends of the PV Library Wernikoff Hufty Quarterly, mornings SMC Library Joint Powers Authority Wernikoff Aalfs Bi-monthly, mornings Peninsula Clean Energy Aalfs Hasko 4th Thursday, evenings Emergency Services Council Taylor Aalfs Quarterly, 3rd Thur @ 5:30pm
Organization Liaison Alt Meeting Schedule
City/Council of Governments Taylor Aalfs 2nd Thursday, evenings SMC Council of Cities Wernikoff Hasko 4th Friday, evenings ABAG Aalfs Wernikoff As designated
League of Cities Hufty Wernikoff Quarterly
MROSD Wernikoff Hasko As designated
Woodside Fire Protection District Taylor Hufty As designated Airport Roundtable Hasko Hufty Bi-monthly, 1st Wed @ 7pm
There are no written materials for Item 5 d.
Approved by: Sharif Etman, Town Manager
______________________________________________________________________________________ TO: Honorable Mayor and Members of the Town Council
FROM: Jon Biggs, Interim Planning & Building Director
and Adrienne Smith, Senior Planner
DATE: January 24, 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
In response to feedback from California Department of Housing and Community Development (HCD) following release of the January 10, 2024, Town Council packet, staff asked the Town Council to continue consideration of the Housing Element to its meeting of January 24, 2024, so it could meet with HCD and review the changes it was seeking.
Since January 10, 2024, staff have been in contact with Town’s HCD reviewer several times to review their changes. Most of the changes have been straightforward and provide clarifications.
One issue identified by HCD however, emphasized that the Housing Element needed to include elements that strengthened housing mobility. To achieve this, the HCD reviewer indicated that Program 1-3 of the Housing Element, the Opt-In Diversification Program, needed to be modified so that it facilitated housing mobility to a greater degree.
Staff along with the consultant team went over several potential edits to this program with the HCD reviewer. Key among these edits were deletion of this as a Pilot Program and removal of the set goal that if by 2031 the Town had achieved 12 units under this program it could be discontinued.
The HCD reviewer also indicated that the quantified objective/metric associated with the Opt-in program (which are considered a target, and thus aspirational) needed to include some affordable units. These affordable units could also be accomplished with the proposed Inclusionary Housing
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
2023 -2031 Portola Valley Housing Element Update and January 24, 2024 Conforming General Plan Amendments
program. Lastly, per HCD’s request, the program includes affirmatively marketing these units to people that have typically been unable to obtain housing in Portola Valley.
At the end of our session, our reviewer noted she would check with her colleagues on whether these amendments to the program were sufficient to strengthen housing mobility.
Following our meeting, the HCD reviewer informed us that in reviewing the edits to the Opt-In program with her colleagues, she was advised that the program was still not sufficient and provided another version of the Opt-In program containing additional edits. Key among these new edits was a change to the minimum lot size from one acre downward to ½ acre, which would open this program to additional sites in Town. In response to a question about this change to the minimum lot size, the HCD reviewer replied that the lot size minimum designation was “flexible”. In a response from HCD provided on January 19, the reviewer indicated that revisions to the program that included keeping the one-acre minimum was headed in the right direction.
It is estimated that there are 135 parcels in Town that would be eligible for an Opt-In program having a one-acre minimum lot size and meeting all the safety criteria listed in the program. For an Opt-In program having a ½-acre minimum lot size, it is estimated that 166 parcels could potentially meet the criteria, an increase between the two of 31 parcels.
DISCUSSION
Conceptually, housing mobility strategies remove barriers to housing and strategically enhance access to housing. This is achieved, to a degree, by providing opportunities that support development of additional housing units. Staff believes that HCD is directing changes to the Opt-In program because, at least conceptually, it provides opportunities to develop housing across the community beyond those specific sites already identified in the housing sites inventory and therefore enhances access to housing.
As of the writing of this agenda report, staff were still attempting to clarify if one acre would be acceptable as the minimum lot size for the Opt-In program. If HCD gets back to staff over the next several days with a determination that ½ acre is the required minimum lot size for the Opt-In program, staff will advise the Town Council and adjust our recommendation accordingly – which will be to have the Opt-In program and its changes scheduled for review by the Planning Commission.
If HCD does not require a ½ acre minimum lot size for the Opt-In program, staff believes that the Council can consider the Housing Element, with its various amendments, for adoption. Although there are other changes to the Opt-In program that have been required by HCD, staff believes that they do not constitute a substantive change to the Housing Element, as the record indicates the Opt-In program has been considered at length while the Housing Element was being developed.
From both a CEQA perspective and a practical perspective, staff believes the changes to the OptIn program are not going to cause increased impacts because:
1. The Opt-In program would allow 4 units on a site.
2. If you combine the Opt-in program with SB 9 and ADU law, you would be allowed 2 units on each lot and 1 ADU and 1 JADU for a total of 8 units.
3. If you subdivide the lot per SB 9/ADU law only, you would be allowed 2 units on each lot and 1 ADU for a total of 6 units.
2023 -2031 Portola Valley Housing Element Update and January 24, 2024 Conforming General Plan Amendments
4. The difference is 2 additional ADUs if you allow property owners to combine the Opt-in program with SB 9 and ADU law.
5. The Town anticipates that property owners will take advantage of opt-In at rates similar to rates that they are taking advantage of SB9, which is quite limited thus far. So as a practical matter this program will not generate more units than we analyzed in the ISMND.
It will probably generate the same number of units with or without the cap and deletion as a pilot program..
Although the Opt-In program has been given due consideration in the development of the Housing Element, the Town Council still retains the discretion to refer it back to the Planning Commission for further evaluation/review and recommendation. It is unfortunate that the Community, Council, Commission, and staff did not learn of HCD’s anxiety with the Housing Element’s mobility components until after this most recent version was released.
Since the Housing Element was reviewed by the Planning Commission in December 2023, there have been several modifications to it. In an effort to track the changes during and since the December 2023 Planning Commission meeting, a revised version of the Housing Element has been drafted for inclusion with this agenda packet for the January 24, 2024 Town Council meeting, this updated version reflects:
1. The modifications considered by the Planning Commission at its December 20, 2023 meeting (identified by Red text).
2. Modifications recommended by the Planning Commission at its December 20, 2023 meeting (identified by Yellow highlighting)
3. Modifications that have been required by HCD since the December 20, 2023 Planning Commission meeting (identified by Blue highlighting).
This agenda report is in addition to the agenda report prepared for consideration by the Town Council at its meeting of January 10, 2024 and should be considered with the elements of that report, which has been included as attachment 4 to this agenda report.
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.
The IS-MND has been reviewed to determine if any of the revisions to the Housing Element would require modifications to the document. 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. 2023 -2031 Portola Valley Housing Element Update and January 24, 2024 Conforming General Plan Amendments
NEXT STEPS
Post-Adoption HCD Review Process
Once the Housing Element is adopted by the Town Council, 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, no public comments were received. As applicable, any additional comments received up to 12:00pm on January 24, 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 #4a – 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=18038&t=638412773977086797
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. January 10, 2024, Town Council Agenda Report on the Housing Element
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 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 1 of 3
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 2 of 3
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 3 of 3
1 PORTOLA VALLEY TOWN COUNCIL
RESOLUTION NO. -2024
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 1 of 43
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 2 of 43
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 3 of 43
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 4 of 43
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 5 of 43
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” program permitting limited single-family homes to voluntarily upzone to up to 4 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 6 of 43
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.”
o Changed text for 2106.4 Opt-In Housing Program to remove “a maximum of 12 units during the 2023-2031 Housing Element cycle to be developed as”
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;
ATTACHMENT 3 Page 7 of 43
8 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 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 2023-3 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 received an update from staff regarding feedback received from HCD following release of the Council packet and continued the public hearing to January 24, 2024, at which date the Council conducted a public hearing to review the 2023-2031 Housing Element Update (Draft #4a) 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 24, 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.
ATTACHMENT 3 Page 8 of 43
9 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 General Plan elements as set forth in Attachment 5 to the January 24, 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 24th day of January, 2024.
By: _________________________
Mayor Sarah Wernikoff
ATTEST:
____________________________
Town Clerk
1731082.4
ATTACHMENT 3 Page 9 of 43
ATTACHMENT 3 Page 10 of 43
Town of Portola Valley General Plan
Land Use Element
Last amended May 10, 2023
ATTACHMENT 3 Page 11 of 43
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 3 Page 12 of 43
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 3 Page 13 of 43
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.
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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.
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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 3 Page 16 of 43
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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.
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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.
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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 20-23 du/a
Multi-Family – Medium 20-23 du/a
Mixed-use Residential 3-6 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 Residential . ิิ 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 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 3 Page 20 of 43
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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 3 Page 21 of 43
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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 3 Page 22 of 43
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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 3 Page 23 of 43
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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 3 Page 24 of 43
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13 ATTACHMENT 3 Page 25 of 43
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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 3 Page 26 of 43
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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 3 Page 29 of 43
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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 3 Page 31 of 43
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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.
ATTACHMENT 3 Page 32 of 43
Land Use
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.
ATTACHMENT 3 Page 33 of 43
Land Use
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.
ATTACHMENT 3 Page 34 of 43
Land Use
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:
ATTACHMENT 3 Page 35 of 43
Land Use
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.
ATTACHMENT 3 Page 36 of 43
Land Use
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 3 Page 37 of 43
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 3 Page 38 of 43
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 3 Page 39 of 43
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 3 Page 40 of 43
Land Use: Appendices
29 HOLDING CAPACITIES
Residential Area Land Use Estimated Holding Capacity
Intensity Existing 1996 Housing Units
Housing Units1
1 2
3 42
53 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 3 Page 41 of 43
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 3 Page 42 of 43
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 3 Page 43 of 43
______________________________________________________________________________________ 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
ATTACHMENT 4 Page 1 of 5
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
ATTACHMENT 4 Page 2 of 5
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:
ATTACHMENT 4 Page 3 of 5
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
ATTACHMENT 4 Page 4 of 5
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
ATTACHMENT 4 Page 5 of 5
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 1 of 25
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 2 of 25
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 3 of 25
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
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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 5 of 25
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.
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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 7 of 25
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
ATTACHMENT 5 Page 8 of 25
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
ATTACHMENT 5 Page 9 of 25
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 ATTACHMENT 5 Page 10 of 25
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 ATTACHMENT 5 Page 11 of 25
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).)
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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 ATTACHMENT 5 Page 13 of 25
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.
ATTACHMENT 5 Page 14 of 25
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 ATTACHMENT 5 Page 15 of 25
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 ATTACHMENT 5 Page 16 of 25
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.
ATTACHMENT 5 Page 17 of 25
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
ATTACHMENT 5 Page 18 of 25
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 ATTACHMENT 5 Page 19 of 25
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.
ATTACHMENT 5 Page 20 of 25
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
ATTACHMENT 5 Page 21 of 25
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 ATTACHMENT 5 Page 22 of 25
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:
ATTACHMENT 5 Page 23 of 25
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
ATTACHMENT 5 Page 24 of 25
ATTACHMENT 5 Page 25 of 25
_______________________________________________________________________ TO: Planning Commission
FROM: Jon Biggs, Interim Planning & Building Director
Adrienne Smith, Senior Planner
DATE: December 20, 2023
RE: Adoption of a Resolution Providing a Recommendation that the Town Council Adopt the proposed Portola Valley Housing Element and Conforming General Plan Amendments
RECOMMENDATION
Staff recommends that the Planning Commission receive a presentation from staff, ask questions, provide comments, receive public comments and adopt a resolution recommending that the Town Council adopt the Housing Element and conforming General Plan amendments.
MEETING FORMAT
This public meeting format will be as follows:
• Staff presentation: Housing Element changes requested by the State Department of Housing and Community Development (HCD)
• Planning Commission questions of staff
• Public Comments
• Planning Commission discussion and consideration of adoption of a resolution recommending to Town Council approval of the Housing Element and General Plan Conforming Amendments
MEETING PURPOSE
The purpose of this meeting is for the Planning Commission to review the latest changes to the Housing Element and General Plan. The latest Housing Element Draft #4 is shown in tracked changes and reflects alterations requested by the State Department of Housing and Community Development (HCD) in response to their July 25, 2023 comment letter. Limited updates have also been made to the General Plan for consistency with the updates made to the Housing Element. The Commission will also consider taking formal action to adopt a resolution recommending that the Town Council adopt the Housing Element and conforming General Plan amendments (see Attachment 2).
TOWN OF PORTOLA VALLEY
STAFF REPORT
ATTACHMENT 6 Page 1 of 6
BACKGROUND AND PAST PLANNING COMMISSION REVIEW OF THE HOUSING ELEMENT The Planning Commission first reviewed the 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. See meeting information below for meeting links and topics and a document with all Housing Element-related public meetings and topics that have occurred beginning in 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 • 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 At its March 29, 2023 meeting, the Town Council adopted the Housing and Safety Elements’ Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) via Resolution 2922-2023. On May 10, 2023 Town Council adopted the draft Housing Element and conforming General Plan amendments via Resolution 2926-2023. The Town submitted the adopted package to HCD on May 25, 2023 and received its latest comment letter on July 25, 2023.
Housing Element Post-Adoption Implementation Plan
On September 13, 2023, the Town Council also received an update from council members Hasko and Taylor who presented a revised draft Housing Element Post-Adoption Implementation Plan, which contains a series of eight topics intended to support and enhance the Town’s ability to accommodate additional housing in accordance with the General Plan. Topic 6, the drafting of a Town Council policy for use of affordable housing funds, was completed on December 13, 2023 with the Town Council’s adoption of a policy for use.
DISCUSSION
Staff and Consultant Work with HCD Reviewer
Since the Town received the July 25, 2023 comment letter from HCD on its previous adopted Housing Element, the Town was assigned a new reviewer, who is also a supervisor and able to make judgment calls that other more junior reviewers (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 over Zoom. Throughout the process, the reviewer ATTACHMENT 6 Page 2 of 6
has been cooperative and helpful in ensuring staff had clear direction on how to be responsive to comments and keen to get the Town “to the finish line.” During the course of the sixth call with the reviewer on 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. This preliminary review is not intended as an official HCD review letter, but rather 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. At the time of writing this staff report a letter from HCD has not yet been received, but staff are hopeful it will arrive in time.
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.
ATTACHMENT 6 Page 3 of 6
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 Planning Commission last recommended to Town Council adoption of the previous amendments (see Attachment 3 for redline tracked changes). Below is a summary of changes:
• Comprehensive Plan Diagram:
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 o Changed 4394 Alpine Road to be the MixedUse 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 o Changed text for 2106.2 Multi-Family – Medium description to be “no more than twenty-three dwelling units per acre.”
Consequences of Not Adopting the Housing Element
The State has a combination of incentives and penalties for not adopting the housing element in a timely manner. These penalties range from loss of local control over housing projects (i.e. “by right” approval), to imposition of minimum density requirements, to civil lawsuits and monetary penalties.
The penalties ramp up with increased delay. The builder’s remedy continues to be available during the window of time the Town does not have an approved Housing Element. Builder’s remedy projects do not need to comply with existing zoning regulations but do need to comply with CEQA. Staff anticipates the types of builder’s remedy applications that could be filed in Portola Valley could include multiple dwelling units in R-1 and R-E zones, rather than large multi-family buildings along the main corridors leading into and out of town. It is also possible the State may enact new penalties if jurisdictions continue to delay adopting their housing elements – the Town is now almost a year past the first statutory adoption deadline of January 31, 2023. The State is taking unprecedented steps in enforcing housing law as both HCD and the Attorney General’s Office have established enforcement divisions.
Also worth consideration is the strain on Town budget, staff continuity and the dwindling Cycle 6 housing element period. The longer the Housing Element process goes on, the more Town dollars will be required for consultant fees. Also, the Town’s Interim Panning Director is up to speed on the Town’s long Housing Element history and process. His tenure will reach an end in February and if the Housing Element is not adopted by then, the next director will have to begin anew. Finally, there ATTACHMENT 6 Page 4 of 6
are now seven years remaining in the current 2023-2031 Cycle 6 eight-year housing element period.
The Town has a multitude of critical programs that need to be initiated with stated goals and timelines and the Town needs to start the work of implementing its Housing Element.
Other Related Updates
The following updates are provided to keep the Commission and public informed on related items:
• Zoning Code Updates to Implement Housing Element – In late 2022, the Planning Commission made significant progress on updates to the zoning code; however, that work was paused to focus on the Housing Element itself. The zoning code amendments need to be adopted before HCD can certify the Town’s Housing Element. Assuming the Housing Element is adopted by Town Council by January 31, 2024, staff will bring the Zoning Code amendments to Planning Commission and Town Council over the course of February and March 2024, while the Town awaits a response from HCD on the Housing Element (see PostAdoption HCD Review Process below for further discussion on process). • 7+13 Joint Work Plan with WFPD – A draft work plan has been jointly prepared by staff of the Town of Portola Valley and the Woodside Fire Protection District, and was presented to Town Council at its December 13, 2023 meeting. The work plan is intended to implement the seven mitigation requests from the WFPD as well as the 13 “Key Approaches” to fire safety, which were previously presented to the Planning Commission. Implementation of specific work plan items will require formal action by the Town Council or Woodside Fire Protection District Board of Directors.
• Safety Element Update – A draft Safety Element was reviewed by Town Committees and the staff/consultant team have started to analyze those comments. Given the urgency of the Housing Element updates, staff anticipates the adoption of the Safety Element will be delayed. It is not yet possible to develop a new timeline as analysis of the HCD letter is ongoing. The current Safety Element remains in effect while the new Safety Element is developed. There is not a specific State law deadline for adoption of the Safety Element. • Jurisdictional Update on Housing Element Status – Redwood City, Brisbane and South San Francisco are the only jurisdictions in San Mateo County with adopted Housing Elements certified by HCD. Burlingame’s Housing Element has been found by HCD to be in substantial compliance with the law and pending adoption, will be fully certified.
Public Comments
At the time of writing this report, eight public comments were sent to the Town’s housing email account. Several additional comments related to the Town’s Housing Element sent to Town Council are also included (Attachment 4). As applicable, any additional comments received up to 12:00pm on December 20, 2023 will be posted to the meeting calendar page.
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. There are a few ATTACHMENT 6 Page 5 of 6
changes that modify the number of units in the site inventory, although the changes reduce the number of units from 147 to 120.
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
Once the Housing Element is adopted, it will be submitted to HCD for formal review and certification. During the HCD review period (up to 60 days), Planning Commission and Town Council will consider the Zoning Code amendments necessary to implement the Housing Element.
Upcoming (tentative) schedule related to the Housing Element:
• January 10, 2023 – Town Council consideration of adoption of the Housing Element and conforming General Plan Amendments
• February and March – Planning Commission and Town Council consideration of Zoning Code amendments
ATTACHMENTS
1. Updated Housing Element (Draft #4 – without Appendices) https://www.portolavalley.net/home/showdocument?id=17202&t=638133529070305578
2. Draft Resolution Recommending Town Council Adoption of Housing Element and Conforming General Plan Amendments
3. Conforming General Plan Amendments
4. Public Comments
ATTACHMENT 6 Page 6 of 6