TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, June 12, 2024
REGULAR MEETING 7:00 PM
Sarah Wernikoff, Mayor
Judith Hasko, Vice Mayor
Jeff Aalfs, Councilmember
Mary Hufty, Councilmember
Craig Taylor, Councilmember
REGULAR SESSION HYBRID MEETING
HISTORICSCHOOLHOUSE- 765PortolaRoad,PortolaValley,CA94028 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. PRESENTATIONS/PROCLAMATIONS
a. LGBTQ Proclamation
3. TOWN MANAGER REPORT
There are no written materials, and the Town Council does not take action under this agenda item.
4. ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject may do so now. Please note, However, 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.
VIRTUAL PARTICIPATION VIA ZOOM
To access the meeting by computer:
https://us06web.zoom.us/j/88269199732?pwd=TAvXUBzzJzhh1WIH0CwcVetg1QdGxf.1 Webinar ID: 882 6919 9732
Passcode: 816401
To access the meeting by phone:
1-669-900-6833 or 1-888-788-0099 (toll-free)
Mute/Unmute – Press *6 / Raise Hand – Press *9
1 of 346
Town of Portola Valley – Council Agenda
June 12, 2024
5. CONSENT AGENDA
a. Approval of Warrant List
b. Approval of Conflict Waiver WASC
c. Approval to Waive Further Reading and Adopt Ordinance Amending Title 18 [Zoning] of the Portola Valley Municipal Code and Amending the Zoning Map for the Town of Portola Valley to Implement the 2023-2031 Housing Element [Mixed Use Only] d. Approval to Waive Further Reading and Adopt Ordinance Amending Title 18 [Zoning] of the Portola Valley Municipal Code and Amending the Zoning Map for the Town of Portola Valley to Implement the 2023-2031 Housing Element [All Except Mixed Use]
6. REGULAR AGENDA
a. Accept and Support Evacuation Plan
7. PUBLIC HEARING
a. Adoption of a Resolution to Adopt the Preliminary Budget for FY 2024/2025
8. COUNCIL SUBCOMMITTEE, LIAISON COMMITTEE, AND REGIONAL AGENCIES REPORTS Oral and written reports arising out of Council subcommittee and liaison appointments to both in-town and regional committees and initiatives. The Town Council does not take action under this agenda item.
9. ADJOURNMENT
10. The next Regular Town Council meeting will be held on June 26, 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 (mah-WEKmah) 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. 2 of 346
PROCLAMATION
The Town of Portola Valley Designating June 2024 as
Lesbian, Gay, Bisexual, Transgender, Queer, Questioning, Intersex, and Two Spirit Pride Month
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May 28, 2024
Portola Valley Town Council
Sarah Wernikoff, Mayor
Judith Hasko, Vice Mayor
Jeff Aalfs, Council member
Mary Hufty, Council member
Craig Taylor, Council member
Portola Valley Town Manager, Sharif Etman
Portola Valley Finance Committee
At three recent Town meetings — the Town Council Study Session on April 24th, and two Finance Committee Meetings, March 25 & May 20th — Town Manager Sharif Etman disclosed the structural budget deficit the Town faces. In the current fiscal year, the Manager projected the deficit will be $868k, while in the next fiscal year it is projected to reach as much as $1.5 m. A handful of ideas for addressing these looming shortfalls were proposed.
The purpose of this letter is to respond to two of those ideas. One would arrest the 2% Utility User Tax (UUT) flowing to the Open Space Fund and reappropriate it to the General Fund. The second would take the Town’s restricted Open Space Fund and use it for unrestricted purposes. The Open Space committee strongly opposes both of these proposals.
Taking funds the citizens of Portola Valley have reserved for the preservation of open spaces in our town would eliminate a precious resource at a moment when our town needs it most. It is important to acknowledge and know why Portola Valley would for over 25 years set aside monies every year, allowing the Open Space Fund to grow to what it is today. For long term needs, no short-term solutions are adequate. As the pressures of increasing population, housing to accommodate it, and climate change grow, the Town will need to act proactively to protect and preserve open spaces. Both the existing fund and future 2% UUT funds are vital to the Town’s ability to do so.
Secure funding for open space is rooted in the Town’s history, values, and referenda.
Portola Valley’s Open Space Fund exists because residents care deeply about the natural environment and the quality of life it affords. Its history goes back to founding Council member Eleanor Boushey, a champion for Portola Valley Open Space. Town support in building the Fund has been overwhelming, in the form of the Millennium Challenge, “Blues and Barbecues” fundraisers, and the ongoing generosity of individual donors.
Open space is fundamental to the values and priorities that have shaped Portola Valley.
Its central importance to the Town’s attributes is recognized in the General Plan’s first three Major Community Goals:
1. To preserve and enhance the natural features and open space of the planning area because they are unusual and valuable assets for the planning area, the Peninsula and the entire Bay Area. 12 of 346
2. To allow use of the planning area by residents and others but to limit that use so that the natural attributes of the planning area can be sustained over time.
3. To conserve the rural quality of Portola Valley and maintain the town as an attractive, tranquil, family-oriented residential community for all generations compatible with the many physical constraints and natural features of the area.
Not only is the Open Space Fund an expression of the core values of our community, but voters approved the 2% UUT specifically as a source of revenue to the Fund. The proceeds of this special tax are explicitly and unambiguously restricted to open space purposes.
Diverting the Open Space Fund from its intended purpose to address a shortfall in the Town’s budget would be a violation of the ballot measure that established the 2% UUT, a violation of the Town Council’s and Town Manager’s affirmations of the ballot measure’s intent, and a violation of the valid expectations of those who have given to the Fund. It would breach the trust and express will of the electorate. It would also likely, and legitimately, result in legal challenges that could be time-consuming, divisive, and costly to the Town.
Finally, doing so would be profoundly short-sighted. It makes no sense to eliminate a restricted fund whose designated purpose is both realistic and increasingly vital. As new housing is added in Portola Valley, and residential landscaping adapts to address fire risk, there is a growing need for linkages such as trails, wildlife corridors, and habitat patches that connect large open spaces and compensate for reductions in “backyard habitat.” Transitions in iconic properties within the Town’s scenic corridor may be on a scale relevant to entities like the Peninsula Open Space Trust, but opportunities for connectivity—lifelines of environment and access to open space on a scale the Town can invest in— will grow as real estate transitions occur. The Open Space Fund is even more essential to the Town’s future now than when it was created.
The Open Space Fund is the largest of the Town’s restricted funds; it is not a Town Reserve. We agree with the Finance Committee’s statement that the Town of Portola Valley is "not an asset accumulation business,” except for the Town’s most precious asset—the quality of life provided by proximity and access to open space and the natural environment. Open space does not lose its value because the Town has a budget shortfall.
Solving near-term problems at the expense of the community’s long-standing values is not the right approach to the challenges the Town currently faces.
The Open Space Committee
Betsy Morgenthaler, Chair Beverly Lipman, member
Nona Chiariello, Vice Chair Gary Nielsen, member
Ticien Sassoubre, Secretary Carter Warr, member
Terry Lee, member
13 of 346
TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
June 12, 2024
Claims totaling $1,022,835.90 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) _____________________
_______________________________ _________________________________ Corie Stocker , Assistant Town Manager Mayor
14 of 346
apachreg Town of Portola Valley mmagahiz 06/05/2024 14:54 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 4232 11 ADOBE INC. 45.58 06/12/244233 34 ARC DOCUMENT SOLUTIONS LLC 347.46 06/12/244234 46 BARB ECKSTEIN 374.14 06/12/244235 80 CALPERS 7,814.08 06/12/24 EFTPS4236 121 SCA OF CA, LLC 1,990.56 06/12/244237 124 COMCAST 202.12 06/12/244238 127 CONTEMPORARY ENGRAVING CO. 50.00 06/12/244239 135 CSG CONSULTANTS INC 18,676.14 06/12/244240 136 CSI CUSTOM HOMES 1,000.00 06/12/244241 193 GO NATIVE INC 17,460.00 06/12/244242 195 GOOD CITY COMPANY 65,312.50 06/12/244243 213 HILLYARD INC 767.75 06/12/244244 218 MISSIONSQUARE RETIREMENT 5,689.17 06/12/24 EFTPS4245 267 KARI CHINN 806.32 06/12/244246 276 KUTZMANN & ASSOCIATES 14,058.83 06/12/244247 278 LAMPHIER GREGORY 2,100.00 06/12/244248 307 MAZE & ASSOCIATES 11,071.00 06/12/244249 324 MIRANDAS LANDSCAPE 1,900.00 06/12/244250 330 NAVIA BENEFIT SOLUTIONS 200.00 06/12/244251 332 N.C.E. 3,678.75 06/12/244252 340 OGRADY PAVING INC. 668,354.45 06/12/244253 364 PERS HEALTH 15,295.95 06/12/24 EFTPS4254 367 PG&E 1,661.69 06/12/24 EFTPS4255 372 PINNACLE BUILDING & DESIGN 2,000.00 06/12/244256 373 PITNEY BOWES INC. 170.63 06/12/244257 374 PLAN JPA 1,045.50 06/12/244258 375 PLATINUM FACILITY SERVICES 4,936.68 06/12/244259 387 RELIABLE FIRE EXTINGUISHER CO 850.58 06/12/244260 403 RON RAMIES AUTOMOTIVE INC. 444.86 06/12/244261 486 VANCE BROWN INC. 1,400.00 06/12/244262 489 VERIZON WIRELESS 644.53 06/12/244263 505 WOODSIDE FIRE PROTECTION DISTR 31,606.09 06/12/244264 516 COUNTY OF SAN MATEO-AIRPORT 1,500.00 06/12/244265 518 GOT GOPHERS? 1,050.00 06/12/244266 641 ACTION SIGN SYSTEMS, INC 475.72 06/12/244267 657 FRAZIER MILLER 100.00 06/12/244268 663 NORTHWALL BUILDERS 1,000.00 06/12/244269 697 CYNTHIA ROWE 100.00 06/12/244270 731 TERESA GODFREY 1,900.00 06/12/244271 847 LISA WISE CONSULTING 29,687.50 06/12/244272 860 STEPFORD 5,376.00 06/12/244273 891 NILIMA RAGAVAN 100.00 06/12/244274 949 PORTER CAPITAL CORPORATION 5,779.50 06/12/244275 1016 SHUTE, MIHALY & WEINBERGER LLP 27,830.10 06/12/244276 1023 ELIZABETH STINSON 3,877.00 06/12/24 15 of 346
apachreg Town of Portola Valley mmagahiz 06/05/2024 14:54 Page 2 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date Type 4277 1043 GENUINE CONSTRUCTION 826.25 06/12/244278 1067 KRISCH & COMPANY 56,322.25 06/12/244279 1150 PVSC 500.00 06/12/244280 1151 CORIE STOCKER 100.00 06/12/244281 1152 AMAZON CAPITAL SERVICES, INC 2,072.06 06/12/24 EFTPS4282 1153 BAY AREA ROOFING MASTER 1,000.00 06/12/244283 1154 NEIL WEINTRAUT 466.67 06/12/244284 1155 RITA COMES WHITNEY 177.69 06/12/244285 1156 MARK EMMERSON 500.00 06/12/244286 1158 JENNY WARILA 127.00 06/12/244287 1159 MICHELLE MAGAHIZ 12.80 06/12/24Check totals: 990,302.95ACH totals:EFTPS totals: 32,532.95Wire transfer totals:Payment Manager totals:GRAND TOTALS 1,022,835.90Check totals: 990,302.95ACH totals:EFTPS totals: 32,532.95Wire transfer totals:Payment Manager totals:GRAND TOTALS 1,022,835.90 16 of 346
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apapdinv2 mmagahiz Town of Portola Valley Page 1
14:56 06/05/24 Paid Invoices by Date
From: 06/12/2024 to 06/12/2024
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 11 ADOBE INC.
06/12/24 4232 Acrobat Pro Subscription 06/1/2024 - 06/30/2024 45.58 45.58 27773125561 Vendor: 34 ARC DOCUMENT SOLUTIONS LLC
4233 Copying Fees 347.46 347.46 12484196
Vendor: 46 BARB ECKSTEIN
4234 Reimbursement - 2024 Horse Fair 374.14 374.14 FRRC-24-4 Vendor: 80 CALPERS
4235 May Unfunded Liability 7,814.08 7,814.08 100000017528596 Vendor: 121 SCA OF CA, LLC
4236 May Litter/Street Clean 1,990.56 1,990.56 2024-005789 Vendor: 124 COMCAST
4237 WIFI-05.21.2024-6.20.2024 202.12 202.12 1945-MAY24 Vendor: 127 CONTEMPORARY ENGRAVING CO.
4238 Nameplates 50.00 50.00 7083
Vendor: 135 CSG CONSULTANTS INC
4239 Apr Code Enforcement, Bldg Svcs, In House, Proj 2023-PW01 18,676.14 18,676.14 APR-2024 Vendor: 136 CSI CUSTOM HOMES
4240 Deposit Refund - 4139 Alpine 1,000.00 1,000.00 BLDC0000-2023 Vendor: 193 GO NATIVE INC
4241 Town Center Landscape Maint, April 17,460.00 17,460.00 3846 Vendor: 195 GOOD CITY COMPANY
4242 Planning Consultant Services - April 2024 65,312.50 65,312.50 3581 Vendor: 213 HILLYARD INC
4243 Janitorial Supplies 767.75 767.75 605494752
Vendor: 218 MISSIONSQUARE RETIREMENT
4244 Deferred Comp - May 31, 2024 5,689.17 5,689.17 MAY-202431 Vendor: 267 KARI CHINN
4245 Employee Training CAPIO 806.32 806.32 FRRS-24-7
Vendor: 276 KUTZMANN & ASSOCIATES
4246 July Plan Checks 14,058.83 14,058.83 107391
17 of 346
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apapdinv2 mmagahiz Town of Portola Valley Page 2
14:56 06/05/24 Paid Invoices by Date
From: 06/12/2024 to 06/12/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 278 LAMPHIER GREGORY
4247 Planning Consultant 3/30/24 -4/26/24 Stanford Wedge 2,100.00 2,100.00 2024-1529 Vendor: 307 MAZE & ASSOCIATES
4248 Audit Svcs - May YRE 6/30/22-23 11,071.00 11,071.00 53251 Vendor: 324 MIRANDAS LANDSCAPE
4249 April Landscape Maintenance Services 1,900.00 1,900.00 496 Vendor: 330 NAVIA BENEFIT SOLUTIONS
4250 Apr 2024 Monthly Fee 200.00 200.00 10857577
Vendor: 332 N.C.E.
4251 2023/2024 Street Resurfacing Services 3,678.75 3,678.75 424265506 Vendor: 340 OGRADY PAVING INC.
4252 24027- Westridge Drive Rehab 668,354.45 668,354.45 7642 Vendor: 364 PERS HEALTH
4253 June Health 15,295.95 15,295.95 100000017547697
Vendor: 367 PG&E
4254 Jun Statement 1,661.69 1,661.69 JUN-2024
Vendor: 372 PINNACLE BUILDING & DESIGN
4255 Deposit Refund - 501 Portola #15B 2,000.00 1,000.00 BLDR00191-2023 Deposit Refund - 501 Portola #12A 1,000.00 BLDR0031-2024 Vendor: 373 PITNEY BOWES INC.
4256 Postage Meter Rental, Equipment & Svc 2/28/24 - 05/29/2024 170.63 170.63 1025306178 Vendor: 374 PLAN JPA
4257 General Liability Claims- April 2024 1,045.50 1,045.50 INV0023 Vendor: 375 PLATINUM FACILITY SERVICES
4258 Janitorial Services - May 2024 4,936.68 4,488.67 48712 Janitorial Services - May 2024. Fridays disinfection svcs 448.01 48713 Vendor: 387 RELIABLE FIRE EXTINGUISHER CO
4259 Annual Fire Extinguishers Service & Parts 850.58 850.58 2405119 Vendor: 403 RON RAMIES AUTOMOTIVE INC.
4260 Vehicle Maintenance 444.86 444.86 77184
18 of 346
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apapdinv2 mmagahiz Town of Portola Valley Page 3
14:56 06/05/24 Paid Invoices by Date
From: 06/12/2024 to 06/12/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 486 VANCE BROWN INC.
4261 Construction Services 1,400.00 1,400.00 5.14.24
Vendor: 489 VERIZON WIRELESS
4262 May Cellular 644.53 644.53 9965063854
Vendor: 505 WOODSIDE FIRE PROTECTION DISTR
4263 04/01/24-4/30/24 Fire Mitigation Crew Support 31,606.09 17,921.11 WFPDCREW2024-04 05/01/24-5/31/24 Fire Mitigation Crew Support 13,684.98 WFPDCREW2024-05 Vendor: 516 COUNTY OF SAN MATEO-AIRPORT
4264 Roundtable Membership, FY23-24 1,500.00 1,500.00 FY23-24_DUES Vendor: 518 GOT GOPHERS?
4265 Town Fields Gopher Trapping- May 2024 1,050.00 1,050.00 64053 Vendor: 641 ACTION SIGN SYSTEMS, INC
4266 Town Hall Hours Sign 475.72 475.72 41429
Vendor: 657 FRAZIER MILLER
4267 Picnic Rental Deposit Refund 100.00 100.00 PROF-24-20 Vendor: 663 NORTHWALL BUILDERS
4268 Refund Deposit, 8 Buck Meadow 1,000.00 1,000.00 BLDR0180-2023 Vendor: 697 CYNTHIA ROWE
4269 Court Deposit Refund 100.00 100.00 PROF-24-5
Vendor: 731 TERESA GODFREY
4270 Reimb. WHRMD Spring Rd Cleanup 2024 1,900.00 1,900.00 REIMB_WHRMD-TG2 Vendor: 847 LISA WISE CONSULTING
4271 Professional Services: April 2024 29,687.50 29,687.50 4810 Vendor: 860 STEPFORD
4272 Onsite & Remote Field Service - May 5,376.00 637.50 2406278 Onsite - April 225.00 2406212Monthly Service Charges 06/01/2024 THRU 06/30/2024 3,920.00 2401314Veeam Backup & Disaster Recovery & License June 24 593.50 2401315 Vendor: 891 NILIMA RAGAVAN
4273 Picnic Rental Deposit Refund 100.00 100.00 PROF-24-22 Vendor: 949 PORTER CAPITAL CORPORATION
19 of 346
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14:56 06/05/24 Paid Invoices by Date
From: 06/12/2024 to 06/12/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
06/12/24 4274 Temp Service, Michelle Magahiz 05/13/24-05/19/24 5,779.50 1,633.50 7963 Temp Service, Michelle Magahiz 05/20/24-05/26/24 396.00 7982Michelle Magahiz - Conversion Fee 3,750.00 7998 Vendor: 1016 SHUTE, MIHALY & WEINBERGER LLP
4275 April Legal Service 27,830.10 27,830.10 APR-24-SMW Vendor: 1023 ELIZABETH STINSON
4276 Deposit Refund, 235 Willowbrook 3,877.00 3,267.00 PLNFNCE00102023 Deposit Refund, 235 Willowbrook 610.00 PLNPAR0003-2024
Vendor: 1043 GENUINE CONSTRUCTION
4277 Deposit Refund, 30 Holden 826.25 826.25 PW0007-2023 Vendor: 1067 KRISCH & COMPANY
4278 Professional Services - Mar 2024 56,322.25 33,026.25 53353.5 Professional Services - Apr 2024 23,296.00 53659
Vendor: 1150 PVSC
4279 Field Rental Deposit Refund 500.00 500.00 PROF-24-7 Vendor: 1151 CORIE STOCKER
4280 Intern Appreciation 100.00 100.00 FRRS-24-6
Vendor: 1152 AMAZON CAPITAL SERVICES, INC
4281 Office Supplies - May 24 2,072.06 1,506.20 716992450302 Office Supplies - June 3 24 565.86 06032024
Vendor: 1153 BAY AREA ROOFING MASTER
4282 Deposit Refund - 15 Sandstone 1,000.00 1,000.00 BLDR0057-2024 Vendor: 1154 NEIL WEINTRAUT
4283 Deposit Refund - 90 Bear Gulch 466.67 466.67 BLDR0050-2024 Vendor: 1155 RITA COMES WHITNEY
4284 Reimbursement -2024 Horse Fair 177.69 177.69 FRRC-24-5 Vendor: 1156 MARK EMMERSON
4285 Court Rental Deposit 500.00 500.00 PROF-23-60
Vendor: 1158 JENNY WARILA
4286 Anti-Litter Deposit Refund 127.00 127.00 SEP-24-2
Vendor: 1159 MICHELLE MAGAHIZ
20 of 346
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apapdinv2 mmagahiz Town of Portola Valley Page 5
14:56 06/05/24 Paid Invoices by Date
From: 06/12/2024 to 06/12/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
06/12/24 4287 12.80 12.80 FRMR-24-1
Check Date Totals 1,022,835.90
Grand Total 1,022,835.90
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TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
_________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Catherine Engberg, Town Attorney
DATE: June 12, 2024
RE: Request for a Conflict Waiver from Shute, Mihaly & Weinberger RECOMMENDED ACTION:
By motion, grant request for conflict waiver to allow Shute, Mihaly & Weinberger LLP to represent the Town of Portola Valley in its proposed development of the Ladera Church parcel into affordable housing.
DISCUSSION:
Shute, Mihaly & Weinberger LLP currently provides Town Attorney services to the Town of Portola Valley. The Town has asked the Firm to work with the Ladera Church regarding potential development of a 0.5-acre site known as the Ladera Church parcel.
The Town, in collaboration with Ladera Church, is evaluating the Ladera Church site as a potential location for an affordable multifamily housing project (Ladera Church Matter).
The Ladera Church site was originally subdivided from a property in the Westridge community. Previously, the Firm represented the community’s Homeowners Association, Westridge Architectural Supervising Committee, on a matter regarding 22 of 346
trails (Trails Matter). This matter is now closed, and the Firm is not currently counsel to Westridge.
Rule 1.9 of California’s Rules of Professional Conduct does not allow a lawyer to (1) represent a client in the same or substantially related matter in which that client’s interests are materially adverse to the interests of a former client unless the former client and proposed client give informed written consent, or (2) use information acquired by virtue of the representation of a former client to the disadvantage of the former client except when the information has become generally known.
The above rules are relevant here because Westridge’s interests may be adverse to those of the Town on the Ladera Church Matter, a matter that may be substantially related to the Trails Matter for which the Firm previously represented Westridge.
Accordingly, the Firm will not be able to continue representing the Town on the Westridge matter unless both the Town and Westridge agree to allow the Firm to do so.
The purpose of this item is to decide whether or not to consent to Shute, Mihaly, & Weinberger’s representation of the Town in the Ladera Church Matter, notwithstanding its previous representation of Westridge in connection with the Trails Matter. It is our understanding that Westridge is agreeable to waiving the conflict.
If approved by Council, this item would authorize the Town Manager to sign the attached Conflict Waiver. If given permission by both the Town and Westridge to represent the Town on the Ladera Church Matter, the Firm will erect an ethical screen within the Firm to prevent attorneys that previously worked on the Trails Matter from working on the Ladera Church Matter.
ATTACHMENTS
1. Shute, Mihaly & Weinberger’s Request for Town’s Consent – Conflict Waiver (June 2024).
1788945.1
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June 4, 2024
Mayor Wernikoff and Members of the
Portola Valley Town Council
765 Portola Road
Portola Valley, CA 94028
c/o Sharif Etman, Town Manager
Re: Consent to Potential Conflict of Interest and Conflicts Waiver Dear Mayor Wernikoff and Members of the Portola Valley Town Council:
As you know, Shute, Mihaly & Weinberger LLP (the “Firm”) currently represents the Town of Portola Valley (“Town” or “Client”) by providing Town Attorney legal services (“Town Matter”). The Town of Portola Valley’s Housing Element includes a 0.5-acre site known as the Ladera Church parcel. The Town has asked the Firm to work with the Ladera Church regarding potential development of the site (“Ladera Church Matter”). As we have discussed, the Firm previously represented the Westridge Architectural Supervising Committee (“Westridge”) in connection with a trails matter (“Westridge Trails Matter”). The Trails Matter is now closed.
We understand that Westridge is potentially adverse to the development of the Ladera Church parcel due in part to the Westridge CC&R’s which, if applicable, may restrict the developability of the Ladera Church parcel. The Firm reviewed and advised on the Westridge CC&R’s in connection with the Trails matter. Before we can agree to represent the Town in the Ladera Church Matter, the Firm must receive informed written consent for it to do so from both the Town and Westridge. 24 of 346
June 4, 2024
Our prior representation of Westridge in the Westridge Trails Matter and the Town in the Ladera Church Matter could put the Firm in a position of representing a past client and a current client whose interests are potentially adverse in their objectives for development of the Ladera Church parcel. While not expected, the potential for such a situation gives rise to the possibility of divided loyalty on the part of our Firm.
Accordingly, we are seeking Westridge’s informed written consent to that work prior to undertaking any work for the Town on the Ladera Church Matter. In order to shield the Town’s attorneys from accessing confidential information in Westridge’s file related to their stance on the Ladera Church parcel development, the Firm will erect an ethical screen.
The ethical screen is implemented to ensure any confidential information the Town Attorneys may receive from the Town in the course of the work on the Ladera Church Matter is not shared with the Firm attorneys who previously represented Westridge on the Westridge Trails Matter, and vice versa. The screen prohibits Town Attorneys from discussing the Westridge Trails Matter with any Firm members who previously worked for Westridge on the Trails matter; and removes access to the Firm’s paper and electronic files relating to the Ladera Church Matter from the Firm attorneys who previously represented Westridge on the Westridge Trails matter. Likewise, the screen prohibits Westridge Attorneys from working on the Ladera Church Matter; prohibits prior Westridge Attorneys from discussing the Ladera Church Matter with any Firm members working for the Town on the Ladera Church Matter; and removes access to the Firm’s paper and electronic files relating to the Westridge Trails Matter from the Firm attorneys representing the Town on the Ladera Church Matter.
By signing this letter, the Town consents to the Firm’s representation of the Town in the Ladera Church Matter, despite the Firm’s prior representation of Westridge in the Westridge Trails Matter.
We are also requesting that Westridge similarly consent to this representation.
You have the option of retaining separate legal counsel to advise you regarding this proposed consent to current representation. I encourage you to seek such independent counsel regarding the import of this consent, if you so desire, and would emphasize that you remain completely free to seek independent counsel at any time even if you decide to sign this Agreement.
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June 4, 2024
By signing and returning this letter, the Town consents to and waives any conflicts arising from this Firm’s representation of the Town in the Ladera Church Matter and its previous representation of Westridge in the Westridge Trails Matter.
If you agree, please sign below, and return a copy to me. If you have any questions about this letter, please do not hesitate to contact me.
Very truly yours,
SHUTE, MIHALY & WEINBERGER LLP
Catherine C. Engberg
ACCEPTED AND AGREED:
Mayor Wernikoff and Members of the
Portola Valley Town Council
c/o Sharif Etman, Town Manager
__________________________________
Date: ___________________________
1789478.1
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Approved by: Sharif Etman, Town Manager
______________________________________________________________________________________ TO: Honorable Mayor and Members of the Town Council
FROM: Adrienne Smith, Senior Planner
DATE: June 12, 2024
RE: Second Reading: Waive Further Reading and Adopt Ordinance Amending Title 18 [Zoning] of the Portola Valley Municipal Code and Amending the Zoning Map for the Town of Portola Valley to Implement the 2023-2031 Housing Element [Mixed Use Only]
RECOMMENDATION
Staff recommends that the Town Council waive further reading and adopt Ordinance Amending Title 18 [Zoning] of the Portola Valley Municipal Code and Amending the Zoning Map for the Town of Portola Valley to Implement the 2023-2031 Housing Element [Mixed Use Only] (Attachment 1)
BACKGROUND
For background on the Portola Valley Housing Element adoption and certification, necessity of timely adoption of Zoning Code and Zoning Map amendments, applicable SB330 legislation and other applicable information, please view the May 22, 2024 Town Council agenda packet. For more information on the seven combined ASCC and Planning Commission meetings to review and provide recommended amendments to the draft Zoning Code and Zoning Map amendments, view the May 8, 2024 Planning Commission meeting packet.
At its May 22, 2024 meeting, the Town Council first considered the draft Zoning Code and Zoning Map amendments. In its presentation, staff recommended that Council consider incorporating several additional amendments to the draft to address issues of clarity and consistency. Council also directed staff to make three grammatical revisions and to reconcile confusion in the term “fronting” as it relates to the story maximum for future units located adjacent to Nathhorst Avenue on the 4370 Alpine Road housing site. Additionally, Council expressed its support for timely development of the Ladera Church housing site and its wishes that the Town find a way to make clear that it will support the Church’s affordable housing endeavors and provide them with the technical assistance they require.
TOWN OF PORTOLA VALLEY
STAFF MEMO
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Zoning Code and Zoning Map Amendments to Implement the June 12, 2024 Housing Element
Finally, Council supported the Planning Commission’s intention to author a Colleague’s Memo to be written by Chair Goulden and Vice Chair Targ and provided to the Council.
The intent of the memo is to identify several important areas it recommends Council prioritize. Council directed staff to convey its enthusiasm Planning Commission/ASCC Subcommittee and its wish to receive the memo promptly.
At its May 29, 2024 special meeting Town Council reviewed the revised draft Zoning Code amendments. View the Town Council agenda packet for discussion of these amendments During the meeting, Council also requested one additional change to Chapter 18.60.030 Off-Street Parking (A) for clarity to indicate that while the requirement for covered parking facilities do not apply to the MF-23 zoning district, all other stated requirements per section (A) do apply to MF-23 (see text revision in the Discussion section below).
Council also built upon its prior discussion of the Planning Commission’s planned Colleague’s Memo and engaged Planning Commission Chair Jon Goulden in a brief discussion to further clarify the goals of the memo and establish next steps. The Planning Commission-ASCC Subcommittee will undertake: 1) Simplification of the newly established objective design standards for the Mixed-Use and Multi Family zoning districts, with special attention to smaller affordable housing developments, and 2) Further simplification of the Town’s ministerial review process for Mixed-Use and Multi Family projects. Separately, Council was interested in a list of secondary priority items which will be made available via a Planning Commission Colleagues Memo. All work product is expected to be completed in six to eight months, including any subsequent amendments to the Zoning Code, as required.
DISCUSSION
Amendments to Draft Zoning Code
All text revisions to the draft code may be viewed in Attachment 2. All cumulative amendments as directed by the Town Council and the Planning Commission now appear in BLUE.
The one additional amendment shown in bold to Chapter 18.60.030 Off-Street Parking (A) appears below:
1. For MF-23 projects, allow for all required parking to be surface and eliminate requirement for resident parking in garages/carports. Proposed revision to Chapter
18.60.030 Off-Street Parking (A):
In residential districts, required parking facilities, except required guest parking spaces, shall be in a carport or garage, except for the MF-23 zoning district, and all spaces shall be located on the same parcel or building site as the buildings they are required to serve unless otherwise authorized by conditional use permit, or otherwise regulated by the Opt-in Housing Diversification Program established by the Portola Valley Housing Element.
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Zoning Code and Zoning Map Amendments to Implement the June 12, 2024 Housing Element
Formatting of Zoning Ordinance
The zoning ordinance amendments are separated into two separate ordinances. The first ordinance addresses the MU (Mixed Use) zone only. The second ordinance addresses RMF (Multi-Family Residential) and all other aspects of the zoning amendments. The formatting change allows for a segmented vote on the two ordinances and enables Council members with conflicts of interest regarding the MU zone to recuse on that portion.
On May 29, 2024, the Town Council introduced the Zoning Ordinances following the conduct of a duly noticed continued public hearing. As required by law, the ordinances appear for second reading and adoption at a regular meeting more than five days past introduction.
ENVIRONMENTAL ANALYSIS
On March 29, 2023, the Town Council adopted, pursuant to the California Environmental Quality Act (CEQA), an Initial Study-Mitigated Negative Declaration (ISMND) prepared for the Portola Valley Housing and Safety Elements Update and Conforming General Plan and Zoning Code Amendments. Prior to Town Council’s January 24, 2024, adoption of the Housing Element, the IS-MND was again reviewed to determine if revisions to the Housing Element occurring after the adoption of the ISMND would require modifications to the document. It was concluded at that time that all mitigation measures in the IS-MND remained valid and reduced all project-related impacts to a less-than-significant level. Likewise, staff has reviewed the implementing Zoning Code text amendments and amendments to the Zoning Map and concluded that they do not require subsequent or supplemental environmental analysis under CEQA, and further concluded that the IS/MND adopted on March 29, 2023, remains valid.
NEXT STEPS
Immediately following the June 12, 2024 second reading of the Ordinances Amending Title 18 [Zoning] of the Portola Valley Municipal Code and Amending the Zoning Map, staff will submit to HCD the amended Zoning Code with the expectation that it will again find the Town’s Housing Element in substantial compliance with State Law.
Town staff have proactively been in touch with HCD to notify them of the Town’s progress and the approximate timing of resubmission. HCD responded with enthusiasm and a desire to begin its review promptly.
Public Comment
At the time of writing this report, no public comments were received. As applicable, any additional comments received up to 1:00pm on June 12, 2024 will be posted to the meeting calendar page.
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Zoning Code and Zoning Map Amendments to Implement the June 12, 2024 Housing Element
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 Zoning Code and Zoning Map amendments is $192,243 – of which approximately $130,950 has been exhausted.
Expenditures of time spent by town staff, town attorney and other town resources on the progress of this project to date are undetermined.
ATTACHMENTS
1. Ordinance Amending Title 18 [Zoning] of the Portola Valley Municipal Code and Amending the Zoning Map (Mixed Use only)
2. Zoning Code Amendments and Zoning Map
3. May 8, 2024 signed Planning Commission Resolution, No.2024 - 2 recommending Town Council approval of an Ordinance Amending Title 18 [Zoning] of the Portola Valley Municipal Code and Amending the Zoning Map
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Housing Element Implementation Zoning Code and Zoning Map Amendments Town Council
Attachment 1
ORDINANCE NO. 2024 –
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA
VALLEY AMENDING TITLE 18 [ZONING] OF THE PORTOLA VALLEY MUNICIPAL
CODE AND AMENDING THE ZONING MAP FOR THE TOWN OF PORTOLA VALLEY TO IMPLEMENT THE 2023-2031 HOUSING ELEMENT
(ORDINANCE ONE OF TWO)
WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the Town of Portola Valley (Town) adopt a housing element for the eight-year period 2023-2031 to accommodate the regional housing need allocation (RHNA) of 253 housing units assigned to the Town by the Association of Bay Area Governments; and WHEREAS, State Housing Element Law also requires the Town to rezone properties as required to make sites available with appropriate zoning and development standards to accommodate the portion of the Town regional housing need for each income level that cannot be accommodated on sites under existing Town zoning; and WHEREAS, on January 24, 2024 the Town Council of the Town of Portola Valley adopted the 2023-2031 Housing Element, which identifies those properties proposed for rezoning to accommodate the Town’s regional housing need; and WHEREAS, the 2023-2031 Housing Element was submitted to the State Department of Housing and Community Development (HCD) for review on January 26, 2024, and HCD notified the Town on January 30, 2024 that they found the Housing Element to be in substantial compliance with State Housing Element Law; and WHEREAS, to implement the 2023-2031 Housing Element, (1) text amendments are required to Title 18 [Zoning] of the Portola Valley Municipal Code to enable the programs identified in the Housing Element; and (2) amendments are required to the Zoning Map for the Town of Portola Valley to rezone sites in order to accommodate the Town’s regional housing need for all income levels; and
WHEREAS, on March 20, 2024, the Planning Commission held a public hearing to review the proposed amendments to Title 18 [Zoning] of the Portola Valley Municipal Code to implement the 2023-2031 Housing Element programs and the amendments to the Zoning Map for the Town of Portola Valley, at which all interested persons had the opportunity to appear and continued the public hearing to April 3, 2024; and WHEREAS, on April 3, 2024, the Planning Commission held a continued public hearing and conducted a joint meeting with the Architectural Site Control Commission to review the proposed zoning amendments and continued the public hearing to April 17, 2024; and
WHEREAS, on March 25 and April 8, 2024, the Architectural Site Control 31 of 346
Housing Element Implementation Zoning Code and Zoning Map Amendments Town Council
Commission held study sessions to review the proposed zoning amendments and provide recommendations to the Planning Commission; and.
WHEREAS, on April 17, 2024, the Planning Commission held a continued public hearing to review the proposed zoning amendments and continued the public hearing to May 1, 2024; and
WHEREAS, on May 1, 2024, the Planning Commission held a continued public hearing to review the proposed zoning amendments and continued the public hearing to May 8, 2024; and
WHEREAS, on May 8, 2024, the Planning Commission adopted Resolution 2024-02 recommending the Town Council approve an ordinance amending Title 18 [Zoning] of the Portola Valley Municipal Code and Amending the Zoning Map for the Town of Portola Valley to implement the 2023-2031 Housing Element; and
WHEREAS, on May 22, 2024, the Town Council held a public hearing, and after receiving public comments and discussion, voted to continue the item to a Special Meeting on May 29, 2024; and
WHEREAS, on May 29, 2024, the Town Council held a second public hearing, and after considering the entire record of proceedings, including but not limited to, the staff report and all written and oral comments received and the Planning Commission recommendation, the Town Council voted to approve the ordinance.
NOW, THEREFORE, the Town Council of the Town of Portola Valley does ORDAIN as follows:
1. AMENDMENTS TO CODE. The following Chapters of Title 18 [Zoning] are amended as specified in Attachment A. Attachment A shows additions with underlined text and deletions with strike out text. All text that is unmarked remains as is and all Title 18 chapters and sections not referenced in Attachment A remain unchanged.
Chapter 18.23 M-U (Mixed-Use) District Regulations
2. AMENDMENTS TO THE ZONING MAP FOR THE TOWN OF PORTOLA VALLEY.
The following parcels will be rezoned to the zoning district indicated below and will be so designated on the Zoning Map for the Town of Portola Valley, included as Attachment B to this ordinance:
APN 79072120 (4388 Alpine): M-U (3-6 du/a)
APN 79072060 (4370 Alpine): M-U (3-6 du/a)
APN 79072130 (4394 Alpine): M-U (3-6 du/a)
3. CONSISTENCY WITH GENERAL PLAN. This ordinance is found to be consistent with the General Plan of Portola Valley.
4. ENVIRONMENTAL REVIEW. The Town, as lead agency under the California Environmental Quality Act (“CEQA”), prepared an Initial Study/Mitigated Negative Declaration 32 of 346
Housing Element Implementation Zoning Code and Zoning Map Amendments Town Council
(IS/MND) for the Housing Element, Safety Element, conforming General Plan amendments and zoning code amendments and circulated it for public review. 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 Text Changes, and the Mitigation Monitoring and Reporting Program (MMRP) (as updated at the March 22 and 29, 2023 public hearings). None of the implementing zoning code text amendments or amendments to the Zoning Map for the Town of Portola Valley 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. Therefore, the IS/MND adopted on March 29, 2023 remains valid.
5. CONSISTENCY WITH STATE LAW. This ordinance is intended to be consistent with State Housing Element Law and to the extent there is any inconsistency with such State law requirements, State law shall control.
6. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council herby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
7. EFFECTIVE DATE; POSTING. This ordinance shall become effective 30 days after the date of its adoption and shall be posted within the Town in three public places.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
RECUSED:
ATTEST:
By: __________________________
Town Clerk Mayor
APPROVED AS TO FORM
Town Attorney
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CHAPTER 18.23 M-U (MIXED-USE) DISTRICT REGULATIONS
Sections:
18.23.010 Intention-Applicable regulations.
This class of district is intended to provide a mix of multi-family residential uses and space for local retail, consumer service businesses, and professional services necessary to serve primarily the town and its spheres of influence. Any parcel in an M-U district may be occupied by a principal use listed in Section 18.23.020 or, when authorized by the planning commission, by a conditional use listed in Section 18.23.030 together with uses accessory to such principal use or conditional use as specified in Section 18.23.040. Use of any parcel is subject to:
A. Developmentstandardsset forth in Section 18.23.050;
B. Design standards set forth in Section 18.23.060;
C. The required conditions set forth in Section 18.23.070; D. The provisions governing accessory uses set forth in Chapter 18.42; E. The provisions regulating, fences set forth in Chapter 18.43; F. The provisions regulating nonconforming uses set forth in Chapter 18.46; G. Yards, building bulk, and site design requirements set forth in Chapters 18.52 through 18.56; H. Special building setback lines set forth in Chapter 18.58; and I. The off-street parking requirements set forth in Chapter 18.60.
18.23.020 Principal uses permitted.
Principal uses permitted in the M-U district shall be as follows:
A. Uses permitted by Section 18.36.010;
B. Single-family dwellings,;
C. Duplexes;
D. Emergency shelters;
E. Multi-family dwelling;
F. Residential care facilities;
G. Supportive housing;
H. Transitional housing;
I. Low barrier navigation centers;
J. Publicly-owned parks, public schools, or other public buildings when located in conformance with the general plan;
K. Temporary uses permitted by Section 18.36.030; and
L. Any other use which is determined by the commission, as provided in Chapter 18.38, to be of the same character as the other uses permitted by this section.
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18.23.030 Conditional uses permitted.
The uses listed in this section shall be permitted only when a conditional use permit is granted as provided in Chapter 18.72:
A. Uses permitted by Section 18.36.020;
B. Administrative-professional planned unit developments as regulated by Chapters 18.44 and 18.72, provided any such development conforms to the floor area limitations of Section 18.54.052; C. Administrative and professional offices that meet the domestic needs of the residents of the town and its spheres of influence or which provide services to other businesses or institutions in the town or its spheres of influence meeting domestic needs, provided any such establishment conforms to the floor area limitations of Section 18.54.052;
D. Medical and dental clinics, provided any such clinic conforms to the floor area limitations of Section
18.54.052;
E. Physical therapy and fitness training, provided any such use conforms to the floor area limitations of Section
18.54.052;
F. Veterinary clinics, provided any such clinic conforms to the floor area limitations of Section 18.54.052; G. Real estate and insurance offices, provided any such office conforms to the floor area limitations of Section
18.54.052;
H. Uses permitted by Section 18.20.030.G; and
I. Any other use which is determined by the commission, as provided in Chapter 18.38, to be of the same character as other uses permitted by this section, provided that a use found to be of the same character as another use must meet the floor area limitations of that use as set forth in Section 18.54.052.
18.23.040 Accessory uses permitted.
Accessory uses permitted in the M-U zone shall be as follows:
A. Accessory uses as permitted in Sections 18.36.040 and Chapter 18.42; B. Parking lot for passenger vehicles;
C. Off-street loading spaces;
D. Accessory uses permitted by subsections B, D, E, F, G, H, I, and J of Section 18.12.040; and E. Household pets permitted by town ordinances.
18.23.050 Development standards.
Table 18.23.060, Development Standards – Mixed-Use Zoning District, establishes the development standards for the Mixed-Use Zoning Districts. The numbers in each illustration refer to corresponding regulations in the table that follows.
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Figure 18.23.050: Development Standards – Mixed-Use Zoning District Table 18.23.050: Development Standards – Mixed-Use District Standard M-U1, 2 Key
Density/Intensity
Density Min. 3 du/ac; max. 6 du/ac
FAR, Residential Uses Max. 0.28; does not apply within the Supportive Housing Overlay FAR, Non-residential Uses Max. 0.22
Lot Size
Area Min. 1.0 acre1
Lot Width Min. 120 ft ❶
Coverage Area Ratio (CAR) Max. 0.22; does not apply within the Supportive Housing Overlay Floor Area for Single Building (all
floors)
Max. 7,500 sq ft; does not apply within the Supportive Housing Overlay
❷
Unit size (excludes garage space) Min. 300 sq ft, max. 3,000 sq ft; does not apply within the Supportive Housing Overlay
Building Height
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Principal Structure Building height, max.: 34 ft;
Building height vertical: 28 ft3
Accessory Structure (not
including ADUs) Building height, max.: 16 ft
Setbacks
Front
75 f t along Alpine Road, See Chapter 18.58 – Special Setback Lines. 30 ft along all other rights-of-way ❸
Street Side Min. 30 f t along Nathhorst Ave., Min. 25 f t elsewhere ❹ Interior Side Min. 15 ft1, 2 ❺
Rear Setback Min. 25 ft1,2 ❻
Ephemeral Creek/Drainage
Ditch Setback
As specified in an individualized Engineering Study approved by the Town Engineer, but in no case less than 10 ft.
Building Separation Min. 15 ft ❼
Landscape Area Ratio (LAR) Min 0.32; does not apply within the Supportive Housing Overlay Impervious Area Ratio (IAR) Max. 0.48
Parking Buffer
Min. landscaped buffer required between on-site parking and property line:
Along Alpine Road within the scenic corridor: 15 ft
Along all other street-facing frontages: 10 ft
Notes:
1. Development standards for 4394 Alpine Road may vary as established by the Supportive Housing Overlay in the town of Portola Valley 2023-2031 Housing Element. See Housing Element Section 6, Adequate Sites for specific standards.
2. Development standards for 4370 Alpine Road are supplemented as set forth in the Town of Portola Valley 2023-2031 Housing Element. See Housing Element Section 6, Adequate Sites for any additional specific standards.
3. Building height on 4370 Alpine Road is limited to one story within 50 feet of the property line along Nathhorst Avenue.
18.23.060 Design standards.
A. Residential building design. The design standards of sections 18.15.060.A through G, with the exception of the daylight plane standards of Section 18.15.060.A, which are modified per 18.23.060.B, apply to the following:
1. All residential buildings in the M-U district; and
2. All upper-story portions of residential mixed-use buildings in the M-U district.
B. Interior side daylight plane. The building envelope must fit within a plane which starts at the natural ground surface at the property line and increases in height at a ratio of two vertical units to one horizontal unit away from the property line.
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C. Site design. The design standards of sections 18.15.060.H through K apply to all development in the M-U district.
D. Non-residential ground floor transparency. A minimum 40 percent of ground floor street-facing nonresidential facades between 2.5 and six feet in height shall be transparent window surfaces with no more than a five percent tint. Mirrored windows are not allowed.
Figure 18.23.060.D: Ground Floor Transparency
4. Entry separation. Any shared or individual entrance to residential units must be a minimum of 12 horizontal feet from any entrances to non-residential uses.
18.23.070 Required conditions.
A. All non-residential uses and structures, other than accessory buildings, shall be subject to site plan and architectural approval by the architectural and site control commission as provided in Chapter 18.64.
B. Required conditions as stipulated by subsections A, B and C of Section 18.12.050; C. Conformance with the requirements set forth in Section 18.37.010.
D. All uses shall be conducted within completely enclosed buildings except for:
1. Delivery of fuel, lubricants, and minor incidentalservicing of vehicles atservice stations;
2. Parking and loading spaces;
3. Outdoor dining areas;
4. Recreation facilities;
5. Public utility electric substations; and
6. Nurseries for propagation and sale of trees, plants, and shrubs.
E. Processing, packaging, treating, and the incidental storage related thereto shall be in the same line of merchandise or service as the retail or service business conducted on the premises. The gross floor area occupied by the business to be devoted to such activities shall not exceed 50 percent and there shall be no more than three employees engaged in such activities.
F. Amusement devices shall be permitted as accessory uses only when specifically set forth in an approved conditional use permit. Conditional use permits containing such accessory uses may be approved only for a specific applicant and such use permits are nontransferable.
G. During hours when an establishment is not open for business, only security lighting shall be allowed. Such lighting, both inside and outside, shall be of the minimum amount and the intensity to achieve its intended purpose.
H. The total net floor area devoted to office uses on any parcel shall not exceed fifteen percent of the net floor area of all uses on such parcel. When an application is for a conditional use permit, the planning commission may allow the net floor area devoted to office uses to be increased up to but not exceed fifty percent of the 38 of 346
total net floor area. An increase above fifteen percent may be authorized when the planning commission finds that the larger percentage will allow the development to be more compatible with the site conditions and surrounding the development that could otherwise be achieved and will not unduly jeopardize the space anticipated to be required for commercial uses in the town. "Net floor area" is defined in Section 18.54.050.
I. Properties identified on the Flood Insurance Rate Maps shall comply with the provisions of Chapter 18.32.
J. Properties with historic resources as identified in the historic element of the general plan shall comply with the provisions of Chapter 18.31.
K. This zoning district permits one hundred percent residential projects with no commercial component. Any non-residential development shall include a residential component at the minimum density specified in Table 18.23.050.
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M-R/7.5A/SD-3/DR
R-E/1A/SD-1a
R-E/2.5/SD-2.5
R-E/3.5A/SD-2/D-R
PC/2A/SD-1
(Ord. 1973-126)
R-E/1A/SD-1a
R-E/2A/SD-2a
R-1/15M
R-E/3.5A/ SD-2/D-R
R-E/3.5A/
SD-2/D-R
R-E/3.5A/SD-2
R-1/20M
R-E/3.5A/
SD-2/D-R
R-E/1A/SD-1a
R-1/
20M
C-C
R-1/1A
OA (R-E/1A/SD-1)
A-P
C-C
R-E/2A/
SD-2/D-R
A-P
R-E/2A/
SD-1/D-R
RUSSELL
AVE
LOS TRANCOS RD
ALPINE RD
PINON DR
WESTRIDGE DR
SAUSAL DR SAUSAL DR SAUSAL DR SAUSAL DR
MEADOW CREEK W CREEK
CT
NATHHORST AVE NATH AVEHORST A HORST AVE RST AVE NATH AVEHOR THST AV R NATHHO
HO LONEST
ADAIR LN
CORTE MADERA RD
WAYSID E RD
PORTOLA RD
CERVANTES DR
CHEROKEE WAY
CANYON
DR
CRESCENT AVE
ARASTRADERO STRADE
RD
BEAR
PAW
SIERRA
LN
RAMOSO RD
INDIAN XING HORSESHOE BND
TY NAN
WAY
ECHO LN ECHO LN E HO LN C EHO LN
OAK FOR OAK FOREST
CT
VALLEY OAK ST
PINE
RIDGE WAY
PORTOLA PORTOLA
GREEN CIR
GOLDEN OAK DR
ARAPAHOE
CT
MONTARA
CT
POMPONIO
CT
BAYBERRY
ST
TORO
CT
BUCK MEADOW DR
SANTA
MARIAAVE
ASH
LN
LOUISE LN
SHADY
LN
WYNDHAM
DR
CIMA
WAY
LARGUITA
LN
MAPACHE
CT
NAVAJO
PL
THISTLE
ST
KIOWA
CT
ALAMOS RD
VERONICA
PL
CHEROKEE
CT
GOLDEN HILLS DR
CAMPO
RD
PASO DEL
ARROYO
GROVE DR
MAPACHE DR ACHE DR MAPACHE DR PACHE DR MAPA
HAWKVIEW
ST
TINTURN
L N
PEAK LN
HOLDEN CT
PALOMA RD
BOW
WAY
ESCOBAR RD
GROVE CT
TA NO A
O KA DR
PALMER LN ALME LN PA R LN E ALMR P LN ER
COAL
MINE VIEW
SHAWNEE PASS
ALHAMBRA
CT
ZAPATA
WAY
BOLIVAR
LN
TAGUS CT
NARANJA
WAY
FRANCISCAN
RIDGE
F I RETHORN
WAY
APPLEWOOD
LN
GRANADACT
L EROY WAY
SADDLEBACK
SOLANA RD
BEAR GULCH DR
CHEYENNE
POINT
MEADOWOOD DR
MINOCA RD
LONGSPUR ST
CREEK PARK DR
ANTONIO CT
SIOUX WAY
GEORGIA
LN
D OS L O MA
VISTA LN
WILLOWBROOK DR
VALENCI A C T
CRESTAVISTA LN DEGAS RD
POSSUM LN
FAVONIA RD ONIA RD FAVONI
IROQUOIS IROQUOIS IROQUOIS
TER
TRINITY
LN
LA
S A N D RA WAY
STONEGATE RD
BROOKSIDE DR
GOYA
RD
REDBERRY
RDG
FAWN LN
HILLBROOK DR
S A N
ST
DSTONE
HA Y FI E LDS RD
Ordinance No. Date Ordinance No. Date
1967-80 7/12/1967
1969-97 9/24/1969
1973-119 2/14/1973
1973-126 1/9/1974
1976-147 10/13/1976
1979-171 4/11/1979
1981-181 3/11/1981
1981-182 4/8/1981
1983-247 7/20/1983
1989-246 9/22/1989
1990-251 4/11/1990
1990-253 7/11/1990
1995-283 4/21/1995
1996-287 4/10/1996
1998-305 1/14/1998
2003-347 2/26/2003
Legend
A-P, Administrative-professional
C-C, Community Commercial
O-A (R-E/2A/SD-2), Open Area 2 acres
O-A (R-E/1A/SD-1), Open Area 1 acre
PC/2A/SD-1, Planned Community 2 acres
R-1/15M, Single-family Residential 15,000 sq. ft.
R-1/1A, Single-family Residential 1 acre
R-1/20M, Single-family Residential 20,000 sq. ft.
R-E/1A/SD-1a, Residential Estate 1 acre
R-E/2A/SD-1/D-R, Residential Estate 2 acres
R-E/2A/SD-2/D-R, Residential Estate 2 acres
R-E/2A/SD-2a, Residential Estate 2 acres
R-E/2.5/SD-2.5, Residential Estate 2.5 acres
R-E/3.5A/SD-2, Residential Estate 3.5 acres
R-E/3.5A/SD-2/D-R, Residential Estate 3.5 acres
M-R/7.5A/SD-3/DR Residential Estate 3.5 acres
R-MF-4, Multi-family Residential 4 du/ac
R-MF-23, Mulit-family Residential 23 du/ac
MU, Mixed-Use 6 du/ac
Affiliated Housing Overlay
Parcels
Town Limit
Special Building Setback Lines
DRAFT ZONING MAP
TOWN OF PORTOLA VALLEY
0 1,000 2,000
Feet
PROJECTION: CALIFORNIA STATE PLANE COORDINATES
ZONE III, NAD83 DATUM, UNITS IN FEET
PUBLISHED: OCTOBER 2023
March 2024
MU
R-MF-4
R-MF-23 and
Affiliated Housing Overlay
SKYLINE BLVD
SKYLINE B LVD EB
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Town of Portola Valley
TITLE 18 - ZONING
June 6, 2024
Zoning Code Amendments
CONTENTS
CONTENTS.......................................................................................................................................................................... 1 CHAPTER 18.04 DEFINITIONS ............................................................................................................................................. 2 CHAPTER 18.06 DISTRICTS ...............................................................................................................................................17 CHAPTER 18.10 RESIDENTIAL DISTRICTS ..........................................................................................................................19 CHAPTER 18.11 REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH DISABILITIES ..............................................20 CHAPTER 18.14 R-1 (SINGLE-FAMILY RESIDENTIAL) DISTRICT REGULATIONS..................................................................23 CHAPTER 18.15 R-MF (MULTI-FAMILY RESIDENTIAL) DISTRICT REGULATIONS................................................................25 CHAPTER 18.23 M-U (MIXED-USE) DISTRICT REGULATIONS.............................................................................................36 CHAPTER 18.27 STANDARDS FOR SB 9 RESIDENTIAL DEVELOPMENT..............................................................................42 CHAPTER 18.29 AFFILIATED HOUSING (AH) COMBINING DISTRICT REGULATIONS..........................................................47 CHAPTER 18.40 SIGNS ......................................................................................................................................................49 CHAPTER 18.60 OFF-STREET PARKING.............................................................................................................................53 41 of 346
CHAPTER 18.04 DEFINITIONS
Sections:
18.04.010 Definitions—Generally.
For the purpose of this title, certain terms used in this title are defined as set forth in this chapter. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.020 Construction.
All words used in the present tense shall include the future tenses; all words in the plural number include the singular, and all words in the singular include the plural number unless the natural construction of the wording indicates otherwise. The word "structure" includes the word "building." The word "shall" is mandatory and not directory. The word "town" as used in this title means the town of Portola Valley, state of California; the word "council" means the town council of the town of Portola Valley, state of California; the words "planning commission" means the planning commission of the town of Portola Valley, state of California; and the words "town boundary" mean the boundary of the town of Portola Valley, state of California. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.030 Accessory structure.
"Accessory structure" means a detached building or structure which is subordinate to and the use of which is customarily incidental to that of the main building, structure, or use on the same lot. This term excludes Accessory dwelling units (see Section 18.04.151, Dwelling unit, accessory). (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.040 Accessory use.
See Section 18.02.110.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.050 Accessory, individual.
"Individual accessory" means a portion of a parcel of land which because of its size and shape and its relationship to the street and the balance of the property, is suitable only for providing vehicular or pedestrian access to the balance of the property.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.055 Affordable housing.
Affordable housing is housing for which moderate, low and very low income households pay thirty percent or less of their monthly income. Moderate, low and very low income households have monthly incomes below limits determined annually by the California Department of Housing and Community Development (California Code of Regulations, Title 25).
(Ord. 1991-261 § 1, 1991)
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18.04.057 Reserved.
Editor's note(s)—Ord. 2011-393, § 2, adopted Nov. 9, 2011, repealed § 18.04.057, which pertained to antenna, and derived from Ord. 1997-295, § 1(part), adopted in 1997.
18.04.060 Automobile service station.
"Automobile service station" means a place where motor fuel or lubricating oil or grease is offered for sale to the public and delivered directly into vehicles.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.065 Basement.
"Basement" is a floor level directly under a building which meets the following criteria:
A. The ceiling height is not more than twelve feet.
B. Provisions for light, ventilation and access do not exceed the minimum requirements of the building code, notwithstanding that additional provisions for light, ventilation and access may be permitted by the architectural and site control commission when it finds such additional provisions will not be visible from adjoining or nearby properties as such properties currently exist or as the architectural and site control commission believes may be used or developed in the future. Garages are not permitted under this provision. By virtue of the foregoing definition, a basement is permitted to meet the minimum requirements of the building code, including, but not limited to, light, ventilation and access, without approval of the architectural and site control commission.
C. The underside of the floor joists of the floor above are not more than eighteen inches above the adjoining natural or finished grade at any point, whichever is lower.
D. Where a room(s) partially meets the provisions of subsection C. of this section, that is, a portion is not more than eighteen inches above adjoining natural or finished grade, whichever is lower, and a portion is more than eighteen inches above such grade, a portion of such room(s) shall be considered as basement and a portion shall be considered as floor area. The rule for such determination shall be as follows:
1. The outside perimeter of the room(s)shall be measured and designated "A."
2. The outside perimeter of the room(s) where the underside of the floor joists of the floor above are not more than eighteen inches above adjoining natural or finished grade, whichever is lower, shall be measured and designated "B."
3. The amount of floor area of the subject room(s) that will be counted as basement is then equal to the entire floor area of the room(s) multiplied by the fraction of B/A. The balance of the floor area shall be counted as floor area.
E. The basement floor area shall not exceed the floor area of the first floor of the building above. (Ord. 2017-419 § 2, 2017; Ord. 1999-323 § 1, 1999: Ord. 1995-285 § 1 Exh. A (part), 1996: Ord. 1988-242 3 (Exh. B) (part), 1988)
18.04.070 Building.
"Building" means a roofed structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind. When a structure is divided into separate parts by unpierced walls extending from the ground to the roof or when the parts of a structure are joined only by a breezeway each such part is a separate building.
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(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.075 Building envelope.
"Building envelope" is the three-dimensional space on a parcel within which buildings and most other structures are required to be confined and which is defined by zoning ordinance regulations governing building setbacks and building heights.
(Ord. 2005-360, § 1, 2005)
18.04.077 Building height, maximum.
“Building height, maximum” is the vertical distance between the lowest point of contact with the finished ground surface to the highest point of the building or any appurtenance to the building.
Figure 18.04.077: Building Height, Maximum
18.04.078 Building height, vertical.
“Building height, vertical” is the vertical distance from the lowest point of the structure at natural grade to the highest point of the structure directly above.
Figure 18.04.078: Building Height, Vertical
18.04.080 Building inspector.
"Building inspector" means the person, agency or firm appointed by the town to function as such and may include such person(s) or position(s) delegated by resolution of the council to perform such functions. The building inspectors's duties include inspecting building plans and building construction. (Ord. 1979-166 § 1 (part), 1979: Ord. 1967-80 § 1 (6102 (part)), 1967) 44 of 346
18.04.090 Building, main.
"Main building" means a building within which is conducted the principal use on the parcel. Where a use involves more than one building designed or used for the primary purpose, as in the case of group dwellings or a group of commercial buildings, each such building on the parcel shall be construed as constituting a main building. (Ord. 1967-80 § 1 (6102 part)), 1967)
18.04.100 Carport.
"Carport" means a building or part thereof accessory to a main building, used primarily for the storage of private passenger automobiles, and which is not enclosed on all sides. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.110 Common area.
"Common area" means an area shown or to be shown on a recorded final subdivision map and devoted to the common use and enjoyment of the owners of the lots in the subdivision. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.112 Common open space.
"Common open space” means pervious open space area that is accessible to all residents of a development to enhance social interaction.
18.04.113 Coverage area.
“Coverage area” is the total footprints of all buildings on-site but does not include hardscaped areas.
18.04.114 Coverage area ratio (CAR).
"Coverage area ratio” means the ratio of the total footprints of all buildings on-site to the size of a site. Coverage area does not include hardscaped areas.
18.04.115 Density.
“Density” means the ratio between dwelling units and land, expressed as the number of dwelling units per gross acre (du/ac). For the MU (Mixed Use) and R-MF (Multi-Family) districts, density means the ratio between dwelling units and a site’s developable area, expressed as the number of dwelling units per net acre.
18.04.120 Development.
See Section 18.32.020.
(Ord. 1978-164 § 1 (part), 1978: Ord. 1967-80 § 1 (6102 (part)), 1967) 45 of 346
18.04.125 Distribution lines.
"Distribution lines" are those lines which have electric or communication capacity only sufficient to serve a local area and there is no excess capacity. These lines are usually owned by a utility and located in street rights-of-way, public utility easements or other public property.
(Ord. 1990-256 § 2 (Exh. B) (part), 1990)
18.04.129 Domestic fence.
"Domestic fence" is a fence that is not a horse fence as defined in Section 18.04.215. (Ord. 2005-360, § 1, 2005)
18.04.130 Domestic needs.
"Domestic needs" means needs which residents have in living in and caring for a household and its appurtenances. (Ord. 1979-166 § 1 (part), 1979: Ord. 1967-80 § 1 (6102 (part), 1967)
18.04.131 Dooryard.
“Dooryard” is a type of building entry that provides a limited amount of private open space at the primary entrance. The dooryard area is defined by a low wall, planter or fence that provides a buffer between the right-of way and the building while preserving a sense of openness to the building entrance.
18.04.133 Duplex.
“Duplex” means a residential building containing two primary dwelling units, both of which are located on a single parcel. The dwelling units are attached and may be located on separate floors or side-by-side.
18.04.135 Dwelling, multi-family.
“Multi-family dwelling” means three or more primary dwelling units on a single lot. Multi-family residential types include triplexes, fourplexes, townhouses, single-unit groups (e.g., cottage cluster), and apartment buildings.
18.04.140 Dwelling, single-family.
"Single-family dwelling" means a building designed or used exclusively as a single dwelling unit together with related accessory uses.
(Ord. 1979-166 § 1 (part), 1979: Ord. 1971-113 § 1, 1971: Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.150 Dwelling unit.
"Dwelling unit" means one or more rooms arranged for the use of one household with cooking, living, and sleeping facilities.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
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18.04.151 Dwelling unit, accessory.
“Accessory dwelling unit” is distinguished from “dwelling unit” in that a dwelling unit can be an accessory unit or a primary unit. An accessory dwelling unit (ADU) is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, or a manufactured home, as defined in Section 18007 of the Health and Safety Code.
18.04.152 Dwelling unit, junior accessory.
“Junior accessory dwelling unit” is distinguished from “dwelling unit” in that a dwelling unit can be an accessory unit or a primary unit. A junior accessory dwelling unit (JADU) is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit must include kitchen facilities and a separate entry. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
18.04.153 Emergency shelter.
An "emergency shelter" provides temporary housing, usually for six months or less, with at least minimal supportive services for homeless persons. Temporary housing includes, but is not limited to, low barrier navigation centers, bridge housing, and respite or recuperative care. (Ord. 2011-390 § 2, 2011)
18.04.155 Fence.
"Fence" is a structure made of wire, wood, metal, masonry or other man-made material, or combination thereof, including gates and posts, typically used as a screen, enclosure, retaining wall, or entryway feature, for a parcel of land or portion thereof.
(Ord. 2005-360, § 1, 2005)
18.04.156 Fence opacity.
"Fence opacity" is the surface area of a fence that is impenetrable to light when viewed perpendicularly to the plane of the fence.
(Ord. 2005-360, § 1, 2005)
18.04.157 Fire station.
"Fire station" means a building or facility that provides firefighting services, and may also provide technical rescue, fire protection, fire investigation, emergency medical services, and hazardous material mitigation. (Ord. 2021-441 § 2, 2021)
18.04.157.5 Floor area ratio (FAR).
"Floor area ratio,” or “FAR,” means the ratio of floor area as established in Section 18.54.050 – Floor area, to the size of a site.
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18.04.160 Garage, private.
"Private garage" means a building or part thereof accessory to a main building and used primarily for the storage of private passenger automobiles and which is enclosed on all sides. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.170 Ground level, average, finished.
See subsection A of Section 18.54.020.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.180 Guest.
"Guest" means any person other than a member of the resident household who rents or occupies a room for sleeping purposes.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.200 Guest room.
"Guest room" means a room occupied, or intended, arranged, or designed for occupation by one or more guests. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.210 Habitable room.
"Habitable room" means a room or enclosed floor space arranged for living, eating or sleeping purposes, not including bath or toilet rooms, laundries, pantries, foyers or communicating corridors. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.215 Horse fence.
"Horse fence" is a fence that complies with the horse fence standards set forth in Section 18.43.060. (Ord. 2005-360, § 1, 2005)
18.04.220 Horses, maintenance for private use.
"Horses, maintenance for private use" means the keeping of horses for private use as a use accessory to a residence on the same parcel and not for remuneration, hire or sale. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.230 Household.
"Household" means one person living alone or two or more persons people living together as the functional equivalent of a family where the residents share a single kitchen and form a single housekeeping unit by sharing 48 of 346
residency in a dwelling unit. living expenses, chores and/or meals, and are a close group with social and economic commitments to each other.
(Ord. 2011-390 § 1, 2011; Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.232 Impervious area ratio (IAR).
“Impervious area ratio,” or “IAR,” means the ratio of impervious area to the size of the site. Impervious area excludes areas covered by buildings. Impervious areas include any kind of hardscaped areas and any surfaces on the ground plane that are impervious to water.
18.04.235. Landscape area ratio (LAR).
“Landscape area ratio,” or “LAR,” means the ratio of landscaped area to the size of a site. Landscape area includes all areas on the ground plane that are left in their natural state or that have been landscaped. Landscape area excludes all impervious areas.
18.04.240 Lot.
"Lot" means a portion of land shown as a unit on a recorded parcel or subdivision map. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.250 Lot size.
For the purposes of lot size requirements pursuant to the zoning and building ordinances of the town, the area lying within private roads shall be subtracted from the area otherwise lying within the lot or parcel of land. (Ord. 1965-43 § 1, 1965)
18.04.255 Low barrier navigation center.
A housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter and housing as defined in California Government Code Section 65660.
18.04.256 Net acre.
“Net acre” is the gross acreage minus areas not available for development, such as: conservation easements, access easements, seismic setbacks, riparian setbacks, sensitive habitats or other similar constraints.
18.04.258 Nonconforming structure.
"Nonconforming structure" means a building or other structure that was lawfully constructed in accordance with the regulations for parcel area, height, floor area, coverage, yard and any special building setbacks that were in effect at the time of construction, but which does not conform to the current regulations for parcel area, height, floor area, coverage, yard or special building setbacks. (Ord. 2008-374 § 1, 2008)
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18.04.260 Nonconforming use.
"Nonconforming use" means a use of a structure or land which was lawfully established and maintained before the adoption of the ordinance codified in this title but which under this title does not conform with the use regulations or the district in which it is located.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.270 One ownership.
"One ownership" means ownership of a parcel of land or possession thereof under a contract to purchase or under a lease, the term of which is not less than five years, by a person or persons, firm or corporation, or partnership, individually, jointly, in common or in any other manner whereby such land is under single or unified control. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.280 Open space.
"Open space" means the portion or portions of a parcel unoccupied or unobstructed by structures from the ground upward except as permitted by this title.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.290 Open space, required.
"Required open space" means any front, side or rear yard or other open space, provided on the same parcel as a building, to meet the requirements of this title.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.300 Parcel.
"Parcel" means a lot or unit of land of record which complies with one of the provisions of Section 18.50.030 of this title.
(Ord. 1988-229 § 1 (Exh. A) (part), 1988: Ord. 1979-166 § 1 (part), 1979: Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.310 Parcel, corner.
"Corner parcel" means a parcel bounded on two or more adjacent sides by street lines, provided that the angle of intersection does not exceed one hundred thirty-five degrees. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.320 Parcel definitions.
If the definitions in Sections 18.04.330 through 18.04.390 pertaining to parcel lines or measurement are not applicable because of parcel shape, the town planner shall make such determination as is appropriate. (Ord. 1967-80 § 1 (6102 (part)), 1967)
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18.04.330 Parcel depth.
"Parcel depth" means the horizontal distance between the front and rear parcel lines from the midpoint of the front parcel line and measured in the mean direction of the side parcel lines. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.340 Parcel, interior.
"Interior parcel" means a parcel other than a corner parcel. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.350 Parcel line, front.
"Front parcel line" means the line separating the parcel from the street. In case a parcel abuts on more than one street, the parcel owner may elect any street parcel line as the front parcel line provided that such choice, in the opinion of the town planner, will not be injurious to adjacent properties. Where a parcel does not abut on a street or where access is by means of an individual accessway, the parcel line nearest to and most nearly parallel to the street line shall be the front parcel line.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.360 Parcel line, rear.
"Rear parcel line" means ordinarily that line of a parcel which is opposite and most distant from the front line of the parcel. In the case of a triangular or gore shaped parcel, a line ten feet in length within the parcel parallel to and at a maximum distance from the front parcel line shall be deemed to be the rear parcel line for the purpose of determining the depth of the rear yard.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.370 Parcel line, side.
"Side parcel line" means any parcel boundary not a front or rear parcel line. A side parcel line separating a parcel from another parcel or parcels in an interior side parcel line; a side parcel line separating a parcel from the street is a street side parcel line.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.380 Parcel, reversed corner.
"Reversed corner parcel" means a corner parcel, a street side line of which is substantially a continuation of the front parcel line of the parcel to its rear.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.390 Parcel width.
"Parcel width" means the average horizontal distance between the side parcel lines, measured at right angles to the lines followed in measuring parcel depth.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
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18.04.395 Porch.
“Porch” is a type of building entry and a potentially raised landing attached to the façade. Porches may be open on two or three sides and may be either engaged within or attached to the front façade.
18.04.400 Refuse.
"Refuse" includes all types of waste material including garbage, rubbish and waste matter. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.405 Religious institution.
A facility such as a church, mosque, temple or synagogue run by a nonprofit establishment, organization or association intended to advance or promote religious purposes or beliefs. Activities at such institutions shall be limited to those related to the purpose of the institution and may include religious activities, office space, living space for clergy and other members of religious orders who carry out their primary duties on site, religious education classes and other similar activities customarily associated with religious institutions. (Ord. 2011-390 § 2, 2011)
18.04.410 Repairs, minor automotive.
"Minor automotive repairs" includes replacement of minor parts for and adjustments to fuel systems, cooling systems, heating systems, electrical systems, hydraulic systems, brakes, and work of similar character. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.415 Residential care facility.
"Residential care facility" means an establishment which is maintained and operated to provide twenty-four-hour non-medical residential care and supervision to children or adults. This use category includes group homes. (Ord. 2011-390 § 2, 2011)
18.04.420 Retail store.
"Retail store" means a business selling goods, wares or merchandise directly to the ultimate consumer. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.422 Second units.
A "second unit" which is referred to as an "accessory dwelling unit" in state law means an attached or detached residential dwelling unit located on the same parcel as a main dwelling unit and which provides complete independent living facilities, including those for living, sleeping, eating, cooking and sanitation, for one household. (Ord. 2017-420 § 1, 2017; Ord. 2015-408 § 1, 2015; Ord. 199-263 § 2, 1991)
18.04.425 Service lines.
Service lines are those lines which provide electric and communication service from a distribution line to an individual property.
(Ord. 1990-256 2 (Exh. B)(part), 1990)
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18.04.430 Sign.
"Sign" means any writing, pictorial representation, symbol, registered trademark, flag or any similar figure used to identify, announce, direct attention, or advertise or communicate, together with any material or color forming an integral part of the display or used to differentiate the sign from the background, which is visible from outside a building and is located on or outside a building, or is within a building and primarily intended to be visible from the outside.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.440 Sign, area of.
A. "Area of sign" for wall, marquee and awning signs means the area of the smallest geometric figure enclosing the outer limits of writing, representation, emblem or similar form of communication.
B. "Area of sign" for freestanding, roof, projecting and banner or pennant signs means the entire sign exclusive of uprights or other structural members. Where such signs have multiple sides or faces, including signs in the form of cylinders.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.450 Sphere of influence.
"Sphere of influence" means an unincorporated area designated by a local agency formation commission as appropriate for annexation to a designated adjoining city and in which annexations will be allowed only to such city.
(Ord. 1979-166 § 1 (part), 1979: Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.460 Stable, boarding.
"Boarding stable" means any establishment regularly providing services or facilities for the keeping of horses limited to boarding stables and appropriate training facilities, subject to all the provisions of the stable ordinance of the town.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.470 Stable, community.
"Community stable" means a horse stable and related areas and facilities for the maintenance of horses for private use as a use accessory to a residence in the planned unit development in which the stable is located. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.480 Stable, horse.
"Horse stable" means a building or portion thereof designed or used for the housing or feeding of horses. (Ord. 1967-80 § 1 (6102 (part)), 1967)
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18.04.482 Stoop.
“Stoop” is a type of building entry where the façade is set back from the property line by a distance that is generally equal to the depth of the entry stairs and landing. The first story may be elevated from the sidewalk sufficiently to secure privacy for first-story windows and the entrance is accessed via an exterior stair and landing and/or ramp.
18.04.485 Story.
A “story” is a portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. A basement is considered a story when the distance between the finished grade and the floor of the story above is greater than four feet at any point. An attic is not considered a story provided it is unconditioned, unfinished, and less than seven feet in height at its highest point with an average height not exceeding four feet.
18.04.490 Structure.
Figure 18.04.485: Story
"Structure" means anything constructed or erected which requires location on the ground or which is attached to something having location on the ground, excluding vehicles designed and used only for the transportation of people or goods.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.500 Structural alteration.
"Structural alteration" means any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joist, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components or changes in roof or exterior lines. (Ord. 1969-99 § 2 (part), 1969: Ord. 1967-80 § 1 (6102 (part)), 1967) 54 of 346
18.04.510 Substantial improvement.
See Section 18.32.020.
(Ord. 1978-164 § 1 (part), 1978: Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.515 Supportive housing.
"Supportive housing" shall have the same meaning as defined in Section 50675.14 of the Health and Safety Code, as amended from time to time.
(Ord. 2011-390 § 2, 2011; Ord. 2022-448 § 1, 2022)
18.04.517 SB 9 definitions.
The terms defined in Section 17.13.020 of Title 17 (Subdivisions) shall have the same meanings for purposes of Chapter 18.27 (SB 9 Residential Lot Split Definitions). (Ord. 2021-443 §4, 2021)
18.04.520 Town planner.
"Town planner" means the person or firm appointed by the town to function as such and may include such person(s) or position(s) delegated by resolution of the council to perform such functions. The town planner's duties include advising the town on planning matters and administering plans and regulations. (Ord. 1979-166 § 1 (part), 1979: Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.523 Transitional housing.
"Transitional housing" shall have the same meaning as defined in Section 50675.2 of the Health and Safety Code, as amended from time to time.
(Ord. 2011-390 § 2, 2011; Ord. 2022-448 § 2, 2022)
18.04.525 Transmission lines.
"Transmission lines" are those lines which have electric or communication capacity in excess of that needed to serve an immediate area. These lines are usually owned by a utility and located in street rights-of-way, public utility easements or other public property.
(Ord. 1990-256 § 2 (Exh. B) (part), 1990)
18.04.530 Use.
"Use" means the purpose for which land or a structure is arranged, designed or intended, or for which either land or a structure is or may be occupied or maintained. See also Section 18.02.080. (Ord. 1967-80 § 1 (6102 (part)), 1967)
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18.04.540 Vegetation, removal of.
"Removal of vegetation" means cutting vegetation to the ground or stumps, complete extraction, or killing by spraying.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.545 Reserved.
Editor's note(s)—Ord. 2011-393, § 3, adopted Nov. 9, 2011, repealed § 18.04.545, which pertained to wireless communication facility, and derived from Ord. 1997-295, § 1(part), adopted in 1997.
18.04.550 Yard, interiorside.
See Section 18.52.010.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.555 Yard, required.
"Required yard" means an open space required by subsections 18.52.010 A., B. or C. located between a parcel line and a building envelope.
(Ord. 2005-360, § 1, 2005)
18.04.560 Yard, required front.
See Section 18.52.010.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.570 Yard, required rear.
See Section 18.52.010.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.580 Yard, required side.
See Section 18.52.010.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
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CHAPTER 18.06 DISTRICTS
Sections:
18.06.010 Districts established.
The following classes of use districts are established:
O-A districts—Open area districts
P-C districts—Planned community districts
Chapter 18.12: R-E districts—Residential estate districts Chapter 18.14: R-1 districts—Single-family residential districts Chapter 18.15: R-MF districts—Multi-family residential districts Chapter 18.16: M-R districts—Mountainous residential districts Chapter 18.20: C-C districts—Community commercial districts Chapter 18.22: A-P districts—Administrative-professional districts Chapter 18.23: MU district—Mixed-use district
Chapter 18.26: O-A districts—Open area districts
Chapter 18.28: P-C districts—Planned community districts Chapter 18.29: AH Affiliated housing combining district Chapter 18.31: H-R (historic resource) combining district (Ord. 1994-276 § 4 Exh. A (part), 1994; Ord. 1979-166 § 2, 1979; Ord. 1967-80 § 1 (6104.1), 1967)
18.06.020 Combining districts established.
To provide for a range of parcel sizes and required open spaces necessary to reflect the diversity of locational and physical conditions existing in the town, to provide special regulations for areas of special importance or unusual scenic amenity, and to control density and character of development in relation to the character of terrain, the following classes of combining districts are established:
Residential density combining districts, including:
7.5M—7,500 sq. ft.
15M—15,000 sq. ft.
20M—20,000 sq. ft.
1A—1 acre
2A—2 acres
2.5A—2.5 acres
3.5A—3.5 acres
5A—5 acres
7.5A—7.5 acres
D-R districts—Design review combining districts
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F-P districts—Floodplain combining districts
S-D districts—Slope density combining districts
(Ord. 1981-181 § 1, 1981; Ord. 1979-166 § 3, 1979; Ord. 1978-164 § 2, 1978; Ord. 1968-86 § 1, 1968: Ord. 1967-80 § 1 (6104.2), 1967)
18.06.030 Designation of districts on zoning map.
The districts and combining districts enumerated in Sections 18.06.010 and 18.06.020 are applied to lands in the town insofar as the designations, locations, and boundaries of such districts are set forth on the zoning map adopted by reference by Section 18.08.010.
(Ord. 1967-80 § 1 (6104.3), 1967)
18.06.040 Prezoning adjoining unincorporated lands.
Adjoining lands in unincorporated territory are prezoned in the categories indicated on the zoning map by the adoption of the ordinance codified in this title and subsequent amendments hereto. In the event any prezoned lands are subsequently annexed to the town the zoning indicated on the map shall become effective at the time of annexation. All other lands annexed to the town after August 17, 1967 shall be in R-E/5A districts unless otherwise classified.
(Ord. 1967-80 § 1 (6104.4), 1967)
18.06.050 Areas not included within a district.
In every case where any land has not been specifically included within a district, or if any district is determined to be invalid or inapplicable, such land is declared to be in R-E/5A districts until otherwise classified. (Ord. 1967-80 § 1 (6104.5), 1967)
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CHAPTER 18.10 RESIDENTIAL DISTRICTS
Sections:
18.10.010 Purposes of regulations for residential districts.
The purposes of regulations for residential districts are as follows:
A. To control the density and distribution of population in conformance with the general plan; B. To provide for residential areas that will permit development of rural, single-family, and multi-family living accommodations;
C. To regulate the development and use of residential areas in a manner that will minimize disturbance of the natural terrain and will preserve the inherent visual amenities and minimize problems of drainage, erosion, and earth movement;
D. To provide for grouping or clustering of residential structures where appropriate in order to preserve the natural amenities and open space qualities of Portola Valley; E. To provide areas for multi-family and mixed-use development that supports a mix of multi-family residential, local retail, consumer service businesses, and professional services; F. To provide standards that preserve the rural character of Portola Valley and promote public health, safety and welfare.
EG. To permit public and private facilities needed to serve residential areas; FH. To permit and regulate uses and institutions requiring a location in a residential area. (Ord. 1967-80 § 1 (6500), 1967)
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CHAPTER 18.11 REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH
DISABILITIES
18.11.010 Purpose.
The purpose of this section is to establish a procedure that individuals with disabilities can use to request reasonable accommodation in the town's laws, standards, policies, practices and procedures, so that the individuals will have equal access to housing in accordance with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act. In addition, this section describes the process that shall be used to consider and decide on such requests.
(Ord. 2011-390 § 3, 2011)
18.11.020 Applicability and eligibility.
A. An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.
B. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.
(Ord. 2011-390 § 3, 2011)
18.11.030 Notice of availability.
To ensure that individuals with disabilities are aware of the reasonable accommodation procedure, notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in town hall, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public at town hall. (Ord. 2011-390 § 3, 2011)
18.11.040 Request for reasonable accommodation.
A. Requests for reasonable accommodation shall be in writing and provide the following information:
1. Name, address and telephone number of the individual(s) requesting reasonable accommodation;
2. Name and address of the property owner(s);
3. Address of the property for which accommodation is requested;
4. Description of the requested accommodation and the regulation, policy or procedure for which accommodation is sought; and
5. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
B. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection. 60 of 346
C. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.
D. If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible. (Ord. 2011-390 § 3, 2011)
18.11.050 Review and decision.
A. The reviewing authority for requests for reasonable accommodations shall be the town planner or his/her designee.
B. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following criteria:
1. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;
2. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;
3. Whether the requested accommodation would impose an undue financial or administrative burden on the town; and
4. Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction's land use and zoning or building program.;
5. The potential impact of the requested reasonable accommodation on surrounding properties; and
6. The potential for other reasonable accommodation with less impact on neighbors and/or the town.
C. In granting the request or granting the request with modifications, the reviewing authority may impose any conditions of approval that are reasonable and necessary to ensure that the reasonable accommodation is consistent with the criteria in subsection B. above.
D. The reviewing authority shall issue a written decision on a request for reasonable accommodation within forty-five days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection B. above.
E. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the forty-five-day period to issue a decision is stayed until the applicant responds to the request.
F. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in subsection B. above. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The written decision shall be sent to the applicant by certified mail.
G. The written decision of the reviewing authority shall be final unless an applicant appeals it to the jurisdiction's planning commission.
H. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. 61 of 346
(Ord. 2011-390 § 3, 2011)
18.11.060 Appeal.
A. An applicant or any abutting neighbor may appeal an adverse decision within thirty days of the date of the reviewing authority's written decision.
B. The appeal shall be in writing and shall state the grounds for the appeal. If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.
C. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
D. The appeal shall be heard by the town council in a public hearing, with notice given to all property owners of land directly abutting the proposed site.
E. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.
(Ord. 2011-390 § 3, 2011)
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CHAPTER 18.14 R-1 (SINGLE-FAMILY RESIDENTIAL) DISTRICT REGULATIONS Sections:
18.14.010 Intention—Applicable regulations.
The class of district is intended to promote and encourage the establishment and maintenance of a suitable environment for rural-urban family living on parcels of sizes adequate to accommodate singlefamily dwellings of differing characteristics, enhance privacy, preserve the visual amenities of existing open space to the maximum extent feasible, and preclude unwarranted reductions in parcel sizes. Any parcel in an R-1 district may be occupied by a principal use listed in Section 18.14.020 or, when authorized by the planning commission, by a conditional use listed in Section 18.14.030, together with uses accessory to such principal use or conditional use as specified in Section 18.14.040. Use of any parcel is subject to:
A. The provisions governing accessory uses set forth in Chapter 18.42; B. Parcel area, open area, and bulk requirement set forth in Chapters 18.42 and 18.48 through 18.60; C. The off-street parking requirements set forth in Chapter 18.60; D. The provisions regulating nonconforming uses set forth in Chapter 18.46; E. The required conditions set forth in Section 18.14.050; F. Special building setback lines set forth in Chapter 18.58. (Ord. 1967-80 § 1 (6502), 1967)
18.14.020 Principal uses permitted.
Principal uses permitted in the R-1 district shall be as follows:
A. Uses permitted by Section 18.36.010;
B. Single-family dwellings, including group homes that do not provide licensable services; residential care facilities and group homes that provide licensable services to six or fewer persons;, supportive housing;, and transitional housing;
C. Temporary uses permitted by Section 18.36.030;
D. Public school when located in conformance with the general plan. (Ord. 2022-448 § 3, 2022; Ord. 2011-390 § 5, 2011; Ord. 1987-224 § 1 (part), 1987: Ord. 1967-80 § 1 (6502.1), 1967)
18.14.030 Conditional use permitted.
The following uses shall be permitted only when a conditional use permit is granted therefor as provided in Chapter 18.72:
A. Uses permitted by Section 18.36.020;
B. Residential care facilities and group homes that provide licensable services to seven or more persons; BC. Residential planned unit developments as regulated by Chapters 18.44 and 18.72; 63 of 346
CD. Landscaping, open space, growing of plants and similar low intensity uses each of which is attendant to adjoining uses in the C-C district, provided such uses are not required to meet the requirements of Chapters
18.42 and 18.48 through 18.60;
DE. Publicly-owned park, recreation or open space areas when located in conformance with the general plan; EF. Fire stations when located in conformance with the general plan. Development standards, including but not limited to, floor area, setbacks and parking, shall be established by the decision-making body. (Ord. 2021-441 § 1, 2021; Ord. 2011-390 § 5, 2011; Ord. 1987-224 § 2 (part), 1987; Ord. 1979-166 § 21 (part), 1979; Ord. 1971-113 § 4, 1971; Ord. 1967-80 § 1 (6502.2), 1967)
18.14.040 Accessory uses permitted.
A. Accessory uses permitted in the R-1 district shall be as follows:
B. Accessory uses as permitted in Sections 18.36.040 and Chapter 18.4018.42; C. Accessory uses permitted by subsections B, D, E, F, G, H, I, J and K of Section 18.12.040; D. Household pets permitted by town ordinances.
(Ord. 1991-263 § 6, 1991; Ord. 1967-80 § 1 (6502.3), 1967)
18.14.050 Required conditions.
A. Required conditions in the R-1 districtshall be as follows:
B. Required conditions as stipulated by subsections A, B and C of Section 18.12.050; C. Conformance with the requirements set forth in Section 18.37.010. (Ord. 1994-279 § 2 (part), 1994; Ord. 1994-276 § 4 Exh. A (part), 1994; Ord. 1979-166 § 21 (part), 1979: Ord. 1971- 112 § 2, 1971; Ord. 1967-80 § 1 (6502.4), 1967)
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CHAPTER 18.15 R-MF (MULTI-FAMILY RESIDENTIAL) DISTRICT
REGULATIONS
Sections:
18.15.010 Intention—Applicable regulations.
This class of district is intended to promote and encourage the establishment and maintenance of a suitable environment to accommodate multi-family dwellings of differing characteristics and broader ranges of affordability, incorporate fire resilient design, ensure privacy, preserve the visual amenities of existing open space to the maximum extent feasible, and preclude unwarranted reductions in parcel sizes. Any parcel in an R-MF district may be occupied by a principal use listed in Section 18.15.020 or, when authorized by the planning commission, by a conditional use listed in Section 18.15.030, together with uses accessory to such principal use or conditional use as specified in Section 18.15.040. Use of any parcel is subject to:
A. Developmentstandardsset forth in Section 18.15.050;
B. Design standards set forth in Section 18.15.060;
C. The required conditions set forth in Section 18.15.070; D. The provisions governing accessory uses, fences, and planned unit developments set forth in Chapters
18.42 through 18.44;
E. The provisions regulating nonconforming uses set forth in Chapter 18.46; F. Yards, building bulk, and site design requirements set forth in Chapters 18.52 through 18.56; G. Special building setback lines set forth in Chapter 18.58; and H. The off-street parking requirements set forth in Chapter 18.60.
18.15.020 Principal uses permitted.
Principal uses permitted in the R-MF districts shall be as follows:
A. Uses permitted by Section 18.36.010;
B. Single-family dwellings;
C. Duplexes;
D. Emergency shelters;
E. Multi-family dwellings;
F. Residential care facilities;
G. Supportive housing;
H. Transitional housing;
I. Low barrier navigation centers;
J. Temporary uses permitted by Section 18.36.030; and
K. Public schools when located in conformance with the general plan. 65 of 346
18.15.025 Uses allowed by right.
In accordance with Housing Element law (Government Code section 65583.2, subdivisions (h) and (i)), housing developments with a minimum density of 20 units per acre in which 20 percent or more of the units are affordable to lower income households shall be permitted by-right (without discretionary action). In compliance with Section 18.64.090 (Action by architectural and site control commission), the ASCC will review the proposed project for consistency with the objective standards contained in this chapter.
18.15.030 Conditional uses permitted.
The following uses shall be permitted only when a conditional use permit is granted as provided in Chapter 18.72:
A. Uses permitted by Section 18.36.020;
B. Residential planned unit developments as regulated by Chapters 18.44 and 18.72; C. Landscaping, open space, growing of plants and similar low intensity uses each of which is attendant to adjoining uses in the C-C district, provided such uses are not required to meet the requirements of Chapters
18.42 and 18.48 through 18.60;
D. Publicly-owned park, recreation or open space areas when located in conformance with the general plan;
E. Fire stations when located in conformance with the general plan. Development standards, including but not limited to, floor area, setbacks and parking, shall be established by the decision-making body; and F. Stable, boarding.
18.15.040 Accessory uses permitted.
Accessory uses permitted in the R-MF districts shall be as follows:
A. Accessory uses as permitted in Section 18.36.040 and Chapter 18.42; B. Accessory uses permitted by Section 18.12.040 (subsections B through J). Subsection C is limited to long term (minimum 30-day) rentals;
C. Household pets permitted by town ordinances.
18.15.050 Development standards.
Table 18.15.050, Development Standards – Multi-Family Residential Zoning Districts establishes the development standards for the R-MF Zoning Districts. The numbers in the figure below correspond with the regulations in the table that follows.
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Figure 18.15.050: Development Standards – Multi-Family Residential Zoning Districts Table 18.15.050: Development Standards – Multi-Family Residential Zoning Districts Standard R-MF-4 R-MF-23 Key
Density1 Min. 2 du/ac; max. 4 du/ac Min. 20 du/ac; max. 23 du/ac Lot Width Min. 120 ft Min. 90 ft ❶
Floor Area Ratio (FAR)1
2.0-2.5 du/ac: max. 0.10
2.5-3.5 du/ac: max. 0.16
3.5-4.0 du/ac: max. 0.21
Max. 0.55
Coverage Area Ratio
(CAR)1
2.0-2.5 du/ac: max. 0.10
2.5-3.5 du/ac: max. 0.16
3.5-4.0 du/ac: max. 0.21
see Chapter 18.54.040 for exceptions
Max. 0.35; see Chapter 18.54.040 for
exceptions
Unitsize (excludes
garage space) Min. 500 sq ft, max. 2,500 sq ft Min. 400 sq ft, max. 1,800 sq ft Max. Floor Area for
Single Building (all floors) Max. 4,600 sq ft Max. 6,200 sq ft ❷ Building Height
Principal Structure
Building height, max.: 34 ft;
Building height vertical: 28 ft
Building height max. 38 ft/3 stories;
Building height vertical: 34 ft
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Accessory Structure
(not including ADUs)
Building height, max.: 16 ft Building height, max.: 16 ft Setbacks
Front
30 f t unless special setbacks apply,
see Chapter 18.58 – Special Setback
Lines, 75 f t along Alpine Road.
50 f t unless special setbacks apply,
see Chapter 18.58 – Special Setback
Lines, 75 f t along Alpine Road
❸
Interior Side Min. 30 ft Min. 15 ft ❹
Rear Min. 30 ft Min. 15 ft ❺
Building Separation Min. 20 ft Min. 12 ft ❻
Landscape Area Ratio
(LAR)1
2.0-2.5 du/ac: min. 0.81
2.5-3.5 du/ac: min. 0.73
3.5-4.0 du/ac: min. 0.65
Min. 0.25
Common Open Space
Min. 400 sq ft/unit; may be part of
required LAR
Min. 200 sq ft/unit; may be part of
required LAR
Impervious Area Ratio
(IAR)1
Required frontsetback area: max.
50%;
Entire site:
2.0-2.5 du/ac: max. 0.09
2.5-3.5 du/ac: max. 0.11
3.5-4.0 du/ac: max. 0.14
Required frontsetback area; max.
0.75;
Entire site: max. 0.40
Parking Buffer
Min. landscaped bufferrequired
between on-site parking and
property line:
Along Alpine Road within the scenic
corridor: 15 ft;
Along all other street-facing
frontages: 10 ft
Min. landscaped bufferrequired
between on-site parking and
property line:
Along Alpine Road within the scenic
corridor: 15 ft;
Along all other street-facing
frontages: 10 ft
Notes:
1. In accordance with the 2023-2031 Housing Element and based on the preliminary site analysis described therein, the estimated developable area of the Glen Oaks Housing Site is 4.0 acres. The density, FAR, CAR, LAR, and IAR are anticipated to be calculated based on the estimated developable area.
18.15.060 Design standards.
A. Building Massing.
1. Street-Facing Upper-story Step-backs. Along the front and street side façade, the third story must be stepped back a minimum of ten feet from the ground floor façade or be embedded in a sloped roof form.
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Figure 18.15.060.A.1: Upper Story Step-Backs
2. Interiorside daylight plane.
a. R-MF-4. The building envelope must fit within a plane which starts at the natural ground surface at the property line and increases in height at a ratio of two vertical units to one horizontal unit away from the property line.
b. R-MF-23. The building envelope must fit within a plane which starts at 12 feet above the natural ground surface at the property line and increases in height at a ratio of two vertical units to one horizontal unit away from the property line.
3. Building Massing Abutting the R-E Zone. Building façades abutting and facing the R-E zone may not exceed 30 feet in width without a break of minimum 6 feet in depth.
Figure 18.15.060.A.2: Building Massing Abutting the R-E Zone B. Façade Articulation and Composition.
1. Vertical Articulation.
a. Building facades up to 65 feet in length along a right-of-way must incorporate two or more of the following:
i. Window bays a minimum 2 feet in depth from the building façade every 12 horizontal feet. ii. Recesses offset a minimum 2 feet in depth from the building façade every 12 horizontal feet.
iii. Porches or decks over a minimum 25 percent of the façade length. 69 of 346
b. When a building façade exceeds 65 feet in length along a right-of-way, it must be separated into façade bays no greater than 50 feet in width defined by a recess or offset a minimum of 2 feet in depth and at least one of the following strategies:
i. Change in roof parapet height or shape.
ii. Change in roof form.
iii. Change in building height, minimum 8-foot difference.
Figure 18.15.060.B.1: Building Articulation, Façades over 65 Feet
2. Bay Articulation. The eave or roof form of a recessed façade bay shall be no higher than the corresponding elements of the primary façade bay(s).
3. Townhouses/Rowhouses. In townhouse and rowhouse development types, all primary facade planes of adjacent attached units must be staggered a minimum of 12 inches every three units.
C. Building Entrances. Building entrances must take one of the following forms:
1. Individual covered dooryard frontages with dimensions as indicated below:
a. Width of usable yard area: Minimum 6 feet.
b. Depth of dooryard from door: Minimum 4 feet, maximum 10 feet. c. Projection depth: Maximum 6 feet.
d. Height of enclosure: Maximum 3 feet.
e. Clear height to projection: Minimum 8 feet, maximum 12 feet. 70 of 346
Figure 18.15.060.C.1: Dooryard
2. Individual covered porch frontages with dimensions as indicated below:
a. Width of porch: Minimum 12 feet.
b. Depth of porch: Minimum 8 feet.
c. Clear height, if porch is covered: Minimum 8 feet, maximum 12 feet.
Figure 18.15.060.C.2: Porch
3. Individual covered stoop frontages with dimensions as indicated below:
a. Width of stoop: Minimum 5 feet, maximum 12 feet.
b. Depth ofstoop: Minimum 5 feet, maximum 8 feet.
c. Projection depth: Minimum 5 feet, maximum 8 feet.
d. Clear height to projection: Minimum 8 feet.
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Figure 18.15.060.C.3: Stoop
4. Individual recessed frontages with dimensions as indicated below:
a. Width of recessed entry: Minimum 16 feet, maximum 25 feet. b. Depth of recess entry: Maximum 16 feet.
c. Recessed surfaces 8 horizontal feet or more require at least one window or door.
Figure 18.15.060.C.4: Recess
D. Roof Design.
1. Eaves. If eaves are incorporated into the roof design, the eaves must be at least 18 inches in depth.
2. Dormers. The total width of a single dormer or multiple dormers shall not exceed 50 percent of the total roof length at the street-facing façade. The dormer width shall be measured at the dormer roof fascia or the widest part of the dormer.
3. Roof decks. Roof decks are not allowed.
E. Windows and Doors.
1. Window Shape. Windows must be square, rectangular, or arched.
2. Window Recess and Trim. All windows must be either:
a. Recessed a minimum of 1 inch from the outer wall surface with trim at least 2 inches in width; or b. Recessed a minimum of 3 inches from the outer wall surface. 72 of 346
Figure 18.15.060.E.2: Window Recess and Trim
3. Divided Lites. Simulated divided-lite grilles are acceptable only if they are located on both the outside and inside faces of the window, have spacer bars between the double panes of glass, and a thickness of at least 1/4 inch on each side of the window.
4. “360-Degree” Design. All windows on each floor of each façade must be consistent in design, including proportions, trim, material, and color.
5. Glazing. Reflective or opaque tinting of glazing on windows of primary living spaces (living rooms, dining room, family rooms, and bedrooms) is prohibited.
F. Residential Unit Design.
1. Universal Design. Minimum 15 percent of units must employ principles of Universal Design, including at a minimum the following:
a. At least one entrance without steps and a flat threshold. b. Living space on one floor or stair landings big enough to accept lifts. c. Wide interior doors (32-inch clear, typically provided with 36-inch door), hallways, and alcoves with 60 by 60-inch turning space at doors, in kitchens, and dead ends. d. At least one bathroom must be located on the ground level. e. A 30 by 48-inch clear space at appliances and fixtures in bathrooms and kitchens.
2. Affordable unit design. Affordable units and market rate units in the same group of buildings constructed under the same approval shall be constructed with the same exterior materials and details so that the affordable units are not distinguishable from market-rate units.
G. Building Materials and Colors.
1. Primary Building Materials. Primary shall mean 50 percent or more of a façade surface area excluding transparent surfaces. The following primary cladding materials are allowed:
a. Stucco (minimum 2-coat, 20/30 finish or finer);
b. Stone (must extend vertically to the foundation);
c. Stone-colored brick (must extend vertically to the foundation); d. EIFS; and
e. Fiber cement.
2. Secondary Accent Materials.
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a. Metal (wrought iron, copper, bronze) with a non-reflective finish; b. Fiber cement;
c. Split-face CMU;
d. Terra cotta tile;
e. Brick or brick veneer; and
f. Glazed tile.
3. Building Colors.
a. A maximum of four colors shall be applied to the building façade:
i. Primary color comprising 60 percent or more of the façade. ii. Secondary color comprising no more than 30 percent of the façade. iii. Tertiary color comprising no more than 10 percent of the façade. iv. Accent color for use on trim and architectural details. b. The reflectivity value for colors shall not exceed 40 percent, except that the colors for trim must not have a reflectivity value over 50 percent.
c. Materials with intrinsic, naturally occurring colors, materials with prefinished color such as stucco, and colorized metal shall count towards the maximum of four colors.
H. On-Site Circulation.
1. Walkways shall connect all primary building entrances on a site to each other, to on-site automobile and bicycle parking areas, to any on-site open space areas, and to adjoining public rights-of-way.
2. Paving within Setback Area. Paving within required setback areas shall be visually distinct from the adjacent public sidewalk.
3. Hardscape Materials. On-site hardscape materialshall be permeable or pervious.
I. Parking Configuration and Design.
1. Location. Parking may be located in:
a. Tuck-underindividually secured garages;
b. Shared ground-floor garages;
c. Underground garages;
d. Carports; or
e. Surface parking lots.
2. Tandem Parking. Tandem parking may satisfy the off-street parking requirement in accordance with the following:
a. No more than two vehicles may be placed one behind the other. b. Both spaces shall be assigned to a single dwelling unit or to employees of the same nonresidential establishment.
c. Each tandem parking bay must be a minimum 40 feet in length by 12 feet in width.
3. Driveway access.
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a. Driveways may not exceed 20 feet in width, unless pre-empted by Fire code. b. Parking Lot Access. Parking lot access shall be provided from a maximum of one driveway for developments of up to 10 units and a maximum of two driveways for developments of more than 10 units, unless pre-empted by Fire code.
4. Separation from buildings. Surface parking areas and drive aisles must be separated from on-site buildings by a minimum distance of six feet, which may include landscaping or walkways.
J. Exterior lighting. Exterior building lighting shall comply with Section 18.36.040.A.8 in addition to the following standards:
1. All exterior lighting fixtures shall be oriented downward, fully shielded, and certified by the International Dark Sky Association to prevent light intrusion into adjacent building use and sensitive habitat such as riparian habitat, streams, and wetlands.
2. Electrical elements such as wires, conduits, and panel boxes shall be concealed from public view or painted to match the background surface color.
K. Mechanical, electrical, and plumbing equipment.
1. Location of Equipment. Equipment, particularly if noise producing, shall be located away from private and common open space areas and shall not be located within the front setback of any residential or mixed-use zone. Public utilities are excluded from this requirement.
2. Screening and Visibility Requirements. All exterior equipment and utilities shall be screened or incorporated into the design of buildings so as not to be visible from public rights-of-way or adjacent residential zones.
3. Rooftop-Mounted Equipment Screening. Roof mounted mechanical equipment shall be screened in compliance with the following standards:
1. To the greatest extent possible equipment shall be placed in wells or behind parapet walls.
2. Screening materials may be solid concrete, wood, or other opaque material and shall effectively screen the mechanical equipment so that it is not visible from a public street;
3. Screening shall be consistent with other on-site improvements in terms of color, material, and architectural style; and
4. Equipment must be screened from view from adjacent public rights-of-way.
18.15.070 Required conditions.
Required conditions in the R-MF districts shall be as follows:
A. Required conditions as stipulated by subsections A, B and C of Section 18.12.050; B. Conformance with the recycling and trash enclosure requirements set forth in Section 18.37.010. 75 of 346
CHAPTER 18.23 M-U (MIXED-USE) DISTRICT REGULATIONS
Sections:
18.23.010 Intention-Applicable regulations.
This class of district is intended to provide a mix of multi-family residential uses and space for local retail, consumer service businesses, and professional services necessary to serve primarily the town and its spheres of influence. Any parcel in an M-U district may be occupied by a principal use listed in Section 18.23.020 or, when authorized by the planning commission, by a conditional use listed in Section 18.23.030 together with uses accessory to such principal use or conditional use as specified in Section 18.23.040. Use of any parcel is subject to:
A. Developmentstandardsset forth in Section 18.23.050;
B. Design standards set forth in Section 18.23.060;
C. The required conditions set forth in Section 18.23.070; D. The provisions governing accessory uses set forth in Chapter 18.42; E. The provisions regulating, fences set forth in Chapter 18.43; F. The provisions regulating nonconforming uses set forth in Chapter 18.46; G. Yards, building bulk, and site design requirements set forth in Chapters 18.52 through 18.56; H. Special building setback lines set forth in Chapter 18.58; and I. The off-street parking requirements set forth in Chapter 18.60.
18.23.020 Principal uses permitted.
Principal uses permitted in the M-U district shall be as follows:
A. Uses permitted by Section 18.36.010;
B. Single-family dwellings,;
C. Duplexes;
D. Emergency shelters;
E. Multi-family dwelling;
F. Residential care facilities;
G. Supportive housing;
H. Transitional housing;
I. Low barrier navigation centers;
J. Publicly-owned parks, public schools, or other public buildings when located in conformance with the general plan;
K. Temporary uses permitted by Section 18.36.030; and
L. Any other use which is determined by the commission, as provided in Chapter 18.38, to be of the same character as the other uses permitted by this section.
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18.23.030 Conditional uses permitted.
The uses listed in this section shall be permitted only when a conditional use permit is granted as provided in Chapter 18.72:
A. Uses permitted by Section 18.36.020;
B. Administrative-professional planned unit developments as regulated by Chapters 18.44 and 18.72, provided any such development conforms to the floor area limitations of Section 18.54.052; C. Administrative and professional offices that meet the domestic needs of the residents of the town and its spheres of influence or which provide services to other businesses or institutions in the town or its spheres of influence meeting domestic needs, provided any such establishment conforms to the floor area limitations of Section 18.54.052;
D. Medical and dental clinics, provided any such clinic conforms to the floor area limitations of Section
18.54.052;
E. Physical therapy and fitness training, provided any such use conforms to the floor area limitations of Section
18.54.052;
F. Veterinary clinics, provided any such clinic conforms to the floor area limitations of Section 18.54.052; G. Real estate and insurance offices, provided any such office conforms to the floor area limitations of Section
18.54.052;
H. Uses permitted by Section 18.20.030.G; and
I. Any other use which is determined by the commission, as provided in Chapter 18.38, to be of the same character as other uses permitted by this section, provided that a use found to be of the same character as another use must meet the floor area limitations of that use as set forth in Section 18.54.052.
18.23.040 Accessory uses permitted.
Accessory uses permitted in the M-U zone shall be as follows:
A. Accessory uses as permitted in Sections 18.36.040 and Chapter 18.42; B. Parking lot for passenger vehicles;
C. Off-street loading spaces;
D. Accessory uses permitted by subsections B, D, E, F, G, H, I, and J of Section 18.12.040; and E. Household pets permitted by town ordinances.
18.23.050 Development standards.
Table 18.23.060, Development Standards – Mixed-Use Zoning District, establishes the development standards for the Mixed-Use Zoning Districts. The numbers in each illustration refer to corresponding regulations in the table that follows.
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Figure 18.23.050: Development Standards – Mixed-Use Zoning District Table 18.23.050: Development Standards – Mixed-Use District Standard M-U1, 2 Key
Density/Intensity
Density Min. 3 du/ac; max. 6 du/ac
FAR, Residential Uses Max. 0.28; does not apply within the Supportive Housing Overlay FAR, Non-residential Uses Max. 0.22
Lot Size
Area Min. 1.0 acre1
Lot Width Min. 120 ft ❶
Coverage Area Ratio (CAR) Max. 0.22; does not apply within the Supportive Housing Overlay Floor Area for Single Building (all
floors)
Max. 7,500 sq ft; does not apply within the Supportive Housing Overlay
❷
Unit size (excludes garage space) Min. 300 sq ft, max. 3,000 sq ft; does not apply within the Supportive Housing Overlay
Building Height
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Principal Structure Building height, max.: 34 ft;
Building height vertical: 28 ft3
Accessory Structure (not
including ADUs) Building height, max.: 16 ft
Setbacks
Front
75 f t along Alpine Road, See Chapter 18.58 – Special Setback Lines. 30 ft along all other rights-of-way ❸
Street Side Min. 30 f t along Nathhorst Ave., Min. 25 f t elsewhere ❹ Interior Side Min. 15 ft1, 2 ❺
Rear Setback Min. 25 ft1,2 ❻
Ephemeral Creek/Drainage
Ditch Setback
As specified in an individualized Engineering Study approved by the Town Engineer, but in no case less than 10 ft.
Building Separation Min. 15 ft ❼
Landscape Area Ratio (LAR) Min 0.32; does not apply within the Supportive Housing Overlay Impervious Area Ratio (IAR) Max. 0.48
Parking Buffer
Min. landscaped buffer required between on-site parking and property line:
Along Alpine Road within the scenic corridor: 15 ft
Along all other street-facing frontages: 10 ft
Notes:
1. Development standards for 4394 Alpine Road may vary as established by the Supportive Housing Overlay in the town of Portola Valley 2023-2031 Housing Element. See Housing Element Section 6, Adequate Sites for specific standards.
2. Development standards for 4370 Alpine Road are supplemented as set forth in the Town of Portola Valley 2023-2031 Housing Element. See Housing Element Section 6, Adequate Sites for any additional specific standards.
3. Building height on 4370 Alpine Road is limited to one story within 50 feet of the property line along Nathhorst Avenue.
18.23.060 Design standards.
A. Residential building design. The design standards of sections 18.15.060.A through G, with the exception of the daylight plane standards of Section 18.15.060.A, which are modified per 18.23.060.B, apply to the following:
1. All residential buildings in the M-U district; and
2. All upper-story portions of residential mixed-use buildings in the M-U district.
B. Interior side daylight plane. The building envelope must fit within a plane which starts at the natural ground surface at the property line and increases in height at a ratio of two vertical units to one horizontal unit away from the property line.
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C. Site design. The design standards of sections 18.15.060.H through K apply to all development in the M-U district.
D. Non-residential ground floor transparency. A minimum 40 percent of ground floor street-facing nonresidential facades between 2.5 and six feet in height shall be transparent window surfaces with no more than a five percent tint. Mirrored windows are not allowed.
Figure 18.23.060.D: Ground Floor Transparency
4. Entry separation. Any shared or individual entrance to residential units must be a minimum of 12 horizontal feet from any entrances to non-residential uses.
18.23.070 Required conditions.
A. All non-residential uses and structures, other than accessory buildings, shall be subject to site plan and architectural approval by the architectural and site control commission as provided in Chapter 18.64.
B. Required conditions as stipulated by subsections A, B and C of Section 18.12.050; C. Conformance with the requirements set forth in Section 18.37.010.
D. All uses shall be conducted within completely enclosed buildings except for:
1. Delivery of fuel, lubricants, and minor incidentalservicing of vehicles atservice stations;
2. Parking and loading spaces;
3. Outdoor dining areas;
4. Recreation facilities;
5. Public utility electric substations; and
6. Nurseries for propagation and sale of trees, plants, and shrubs.
E. Processing, packaging, treating, and the incidental storage related thereto shall be in the same line of merchandise or service as the retail or service business conducted on the premises. The gross floor area occupied by the business to be devoted to such activities shall not exceed 50 percent and there shall be no more than three employees engaged in such activities.
F. Amusement devices shall be permitted as accessory uses only when specifically set forth in an approved conditional use permit. Conditional use permits containing such accessory uses may be approved only for a specific applicant and such use permits are nontransferable.
G. During hours when an establishment is not open for business, only security lighting shall be allowed. Such lighting, both inside and outside, shall be of the minimum amount and the intensity to achieve its intended purpose.
H. The total net floor area devoted to office uses on any parcel shall not exceed fifteen percent of the net floor area of all uses on such parcel. When an application is for a conditional use permit, the planning commission may allow the net floor area devoted to office uses to be increased up to but not exceed fifty percent of the 80 of 346
total net floor area. An increase above fifteen percent may be authorized when the planning commission finds that the larger percentage will allow the development to be more compatible with the site conditions and surrounding the development that could otherwise be achieved and will not unduly jeopardize the space anticipated to be required for commercial uses in the town. "Net floor area" is defined in Section 18.54.050.
I. Properties identified on the Flood Insurance Rate Maps shall comply with the provisions of Chapter 18.32.
J. Properties with historic resources as identified in the historic element of the general plan shall comply with the provisions of Chapter 18.31.
K. This zoning district permits one hundred percent residential projects with no commercial component. Any non-residential development shall include a residential component at the minimum density specified in Table 18.23.050.
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CHAPTER 18.27 STANDARDS FOR SB 9 RESIDENTIAL DEVELOPMENT Sections:
18.27.010 Purpose and intent.
The purpose of this chapter is to implement Senate Bill No. 9 (2021) ("SB 9") and to establish objective standards and regulations to govern the development of qualified Senate Bill 9 subdivisions and development projects on single family residential zoned properties within the Town of Portola Valley. The establishment of these regulations will result in the orderly subdivision and development of qualified SB 9 projects while ensuring that the new units are consistent with the rural character of the town and do not create any significant impacts with regards to fire and geologic safety, public infrastructure and public safety. This chapter shall be implemented and interpreted in conjunction with California Government Code Sections 65852.21 and 66411.7 and Chapter 17.13 (SB 9 Lot Splits). (Ord. 2021-443 §5, 2021)
18.27.020 Applicability.
This chapter applies to all new residential development, including primary dwellings, SB 9 dwelling units, an ADU, or a JADU attached to the primary dwelling, that are developed under the provisions of SB 9 in the R-E, R-1, or M-R residential zones.
(Ord. 2021-443 §5, 2021)
18.27.030 Parcel eligibility for SB 9 development.
(a) To be eligible for streamlined development under this chapter, the parcel and proposed SB 9 development must comply with the eligibility requirements set forth in (a) through (r) of Section 17.13.020 (Parcel Eligibility for SB 9 Lot Split).
(b) If a parcel has been developed in accordance with the Opt-In program, that parcel is not eligible for SB 9 development.
(c) If a parcel has been developed in accordance with SB 9, it is no longer eligible for the Opt-in program. (Ord. 2021-443 §5, 2021)
18.27.040 Application requirements.
(a) An applicant shall file an application for an SB 9 residential development on a town-approved application. As part of the application, the director of building and planning shall establish application requirements which shall be published on the town's website.
(b) Upon receipt of an application using the provisions of this chapter, the town shall notify all owners within a three-hundred-foot radius from the subject parcel that an application has been filed with the town. (c) An applicant may file concurrent applications under this chapter and Chapter 17.14 (SB 9 lot splits). (Ord. 2021-443 §5, 2021)
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18.27.050 Number and size of units.
(a) Number of Units. A lot developed under this chapter may contain no more than four total residential dwelling units. These units shall be limited to the following:
(1) On a lot that is not split pursuant to California Government Code Section 66411.7 and Chapter 17.13 (SB 9 Lot Splits) and for which an existing primary residential dwelling unit is retained: one existing primary residential dwelling unit, one new primary residential dwelling unit, one accessory dwelling unit, and one junior accessory dwelling unit, for four units in total. (2) On a lot that is not split pursuant to California Government Code Section 66411.7 and Chapter 17.13 (SB 9 Lot Splits) and for which an existing primary dwelling unit does not exist or is demolished or reconstructed: two new primary residential dwelling units, one accessory dwelling unit, and one junior accessory dwelling unit, for four units in total.
(3) On a resultant lot that was split pursuant to California Government Code Section 66411.7 and Chapter
17.13 (SB 9 Lot Splits): not more than two SB 9 units per lot for a total of four residential dwelling units on the two new lots. Such SB 9 units may consist of existing units, but in no event may the number of units exceed two units per lot for a maximum of four total. In lieu of two new primary residential dwelling units, an applicant may propose one new primary residential dwelling unit together with either a new accessory dwelling unit or a new junior accessory dwelling unit, provided that the applicant submits a written statement with the application for the housing development project indicating the applicant's understanding that providing the accessory dwelling unit or junior accessory dwelling unit will prevent the applicant from constructing a second primary residential dwelling unit in the future.
It is the intent of this provision that not more than four units may be constructed per original lot. (b) Floor Area. The maximum floor area of an SB 9 unit shall be:
(1) Eight hundred and fifty square feet for SB 9 units with up to one bedroom or one thousand square feet for SB 9 units with more than one bedroom where the SB 9 unit does not comply with the setbacks of the base zoning district and special setbacks applicable to the parcel. (2) Twelve hundred square feet for SB 9 units that comply with the setbacks of the base zoning district and special setbacks applicable to the parcel, on parcels smaller than 3.5 acres in size. The parcel owner utilizing this incentive shall record a deed restriction in a form approved by the town attorney stipulating that no further subdivision of the parcel is permitted. (3) Fifteen hundred square feet for SB 9 units that comply with the setbacks of the base zoning district and special setbacks applicable to the parcel on resulting SB 9 parcels 3.5 acres or larger in size. The parcel owner utilizing this incentive shall record a deed restriction in a form approved by the town attorney stipulating that no further subdivision of the parcel is permitted. (4) Any development or design standards that physically precludes an SB 9 dwelling unit from being eight hundred square feet in floor area shall be waived or modified by the planning and building director upon applicant's submittal of a feasibility study demonstrating that application of such standard does not allow for an eight hundred square foot SB 9 unit. This shall not include standards which would result in adverse impacts to public health or safety or the physical environment. (5) Any applicant desiring to build more than the maximum size specified in this section shall be subject to the town's regular zoning and design review process.
(Ord. 2021-443 §5, 2021)
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18.27.060 SB 9 Development Standards.
(a) Adjusted Maximum Floor Area or AMFA. The maximum allowed floor area for a SB 9 parcel created under Chapter 17.13 shall be calculated as provided by this Zoning Code using the resulting parcel's size, slope, mapped ground movement potential, and mapped flooding potential. If there is an existing residential unit on a resulting parcel that exceeds the AMFA or if the calculated AMFA cannot accommodate two SB 9 units of eight hundred square feet each, the Director of Planning and Building may increase the AMFA for that parcel accordingly.
(b) Front Yard Setback. Any new SB 9 dwelling unit shall comply with underlying front yard zoning code setback applicable to the parcel. However, no setback is required for a new SB 9 dwelling unit constructed in the same location as an existing structure on the parcel.
(c) Side and Rear Setbacks. The minimum side and rear setback for any new SB 9 dwelling unit shall be four feet from the side and rear parcel lines. However, no setback is required for a new SB 9 dwelling unit constructed in the same location as an existing structure on the parcel. (d) Additional Restrictions for SB 9 Units not Complying with Local Setbacks. (1) Fire Safety Checklist. Any new SB 9 dwelling unit which does not comply with the setbacks of the base zoning district governing the parcel shall comply with the Town of Portola Valley Fire Safety Checklist adopted by resolution of the town council on August 11, 2021, and as updated from time to time. The checklist shall contain requirements for SB 9 construction methods and materials, defensible space and vegetation management. Such checklist requirements shall be additive to other applicable building and safety requirements.
(2) Development Restrictions. Any new SB 9 dwelling unit that does not comply with the underlying local zoning setbacks governing the parcel is subject to the following additional restrictions: i) on sides of the structure within the required setback(s) there may be no exterior lighting, no egress windows or doors, and no portion of the windows and/or skylights shall be above nine feet in height ii) windows in required setbacks must consist of obscured glass to promote privacy between neighbors; iii) the SB 9 unit may not have a second driveway; iv) the SB 9 unit may not have any associated improvements/amenities such as a patio, deck, pool, fire pit, trellis, or sauna; v) no basement shall be permitted; vi) fire safe landscape screening must be planted and maintained to minimize the visual impact to the neighbors. These restrictions shall not apply to any new SB 9 dwelling unit which complies with the local zoning setbacks governing the parcel. (e) Height. The maximum height for any type of SB 9 unit shall be:
(1) Sixteen feet vertical height and sixteen feet maximum height for a SB 9 unit where the setbacks are less than those of the base zoning district.
(2) Eighteen feet vertical height and twenty-four feet maximum height where the setbacks comply with those of the base zoning district. This includes daylight planes, where applicable. (f) Parking. One off-street parking space is required for each SB 9 unit, except that no parking requirement is required in either of the following instances:
(1) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (2) There is a car share vehicle located within one block of the parcel. (g) Driveway Access. Driveway access to all new units shall be compliant with the Woodside Fire Protection District standard details and specifications for driveways and turnarounds. (h) Basements. Space which meets the definition of a basement (Section 18.04.065) shall not be included in AMFA calculations. However, basements shall be included in floor area maximums set forth in Section 84 of 346
18.27.050(b). Basements located under an SB 9 unit that do not have internal access to the SB 9 unit are discouraged and shall be counted towards AMFA calculations. (i) Other Development Standards. All objective standards of the underlying zoning district shall apply. If such zoning district standards conflict with the standards in this chapter, the standards in this chapter shall control.
(j) Utilities.
(1) All newly created dwelling units shall be connected to public sewer or provide a private wastewater system that is fully contained within the parcel boundaries. (2) Utilities shall be required to be placed underground, as described in Section 18.36.010.B of the Code. (k) Rental Restrictions.
(1) Any rental of a SB 9 dwelling unit shall be for a term longer than thirty days. (2) An SB 9 dwelling unit may be rented separately from the primary dwelling unit. (l) Land Use. Land uses of any units created under this chapter are limited to residential uses. (m) Impact Fees. Development projects pursuant to this section shall be subject to all impact or development fees related to the development of a new dwelling unit. (Ord. 2021-443 §5, 2021)
18.27.070 Objective building and design requirements for all SB 9 dwelling units.
All SB 9 dwelling units shall be reviewed and approved without discretionary review or a hearing. Any new SB 9 unit shall comply with the following objective requirements:
(a) SB 9 units must comply with applicable building code requirements, including fire sprinkler requirements, unless a modification or waiver of the fire sprinkler requirement is approved by the fire marshal. (b) SB 9 units must comply with the town's home hardening ordinance codified in Chapter 15.04 of the Code. (c) SB 9 units must comply with the town's SB 9 objective standards checklist as adopted by resolution by the town council and amended from time to time.
(Ord. 2021-443 §5, 2021)
18.27.080 Permit review process.
(a) Upon receipt of a SB 9 residential development application using the provisions of this chapter, the town shall notify all owners within a three-hundred-foot radius from the subject parcel that an application has been filed with the town.
(b) All applications for SB 9 residential development shall be ministerially acted on by the planning and building director or designee without public hearings or discretionary review. (c) If the application complies with all applicable objective requirements, the planning and building director shall approve the application.
(d) An application for an SB 9 lot split may be denied if:
(1) The planning and building director determines the application does not comply with all applicable objective requirements.
(2) The building official makes written findings, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact, as defined in California Government Code 85 of 346
Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (Ord. 2021-443 §5, 2021)
18.27.090 Director authority.
The director of building and planning shall have the authority to develop applications and forms and adopt regulations to implement this chapter.
(Ord. 2021-443 §5, 2021)
18.27.100 Fees.
The town council may establish and set by resolution all fees and charges, consistent with California Government Code Sections 65852.2 and 65852.22, and related provisions, as may be necessary to effectuate the purpose of this article.
(Ord. 2021-443 §5, 2021)
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CHAPTER 18.29 AFFILIATED HOUSING (AH) COMBINING DISTRICT REGULATIONS Sections:
18.29.010 Purpose and intent.
The purpose of the Affiliated Housing (AH) combining district is to:
A. Establish incentives for institutions and employers (affiliate partners) to build workforce housing; B. Provide flexibility to affiliate partners to address site constraints and meet housing needs.
C. Encourage private sector development of multi-family housing at mixed affordability levels; and D. Encourage people with strong connections to the community to live and work in town.
18.29.020 Applicability.
A. The provisions of this chapter shall apply to parcels identified as part of the AH combining district on the Zoning Map on file with the town.
B. Any owner of a parcel used primarily for employment or an institution is eligible to apply for the AH combining district designation in accordance with Section 18.29.030.
18.29.030 Action by Council.
Action by the Council for inclusion of a parcel in the Affiliated Housing (AH) combining district shall be in accordance with Chapter 18.74.
18.29.040 Conditional use permit review and approval.
A. A Conditional use permit is required for all Affiliated Housing (AH) projects in accordance with Chapter 18.72.
B. Application. Application requirements shall be established by the Planning and Building Director and made available on the town website.
C. Findings. Required findings for approval of a conditional use permit are as follows:
1. The proposed location of the affiliated housing project is in accord with the objectives of the Zoning Regulations, including objective design standards, and the purposes of the district in which the site is located;
2. The proposed location of the affiliated housing project and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and
3. The proposed affiliated housing project will comply with each of the applicable provisions of this chapter.
D. Review. Affiliated Housing projects shall be reviewed by the planning commission consistent with the processes provided in Chapter 18.72 and by the Architectural and Site Control Commission consistent with the processes provided in Chapter 18.64. The applicant shall have the option of applying to the planning commission for a master plan conditional use permit that allows projects and improvements to be phased over time. The Architectural and Site Control Commission may review the Affiliated Housing project either before the planning commission’s review of the conditional use permit, or after the Planning Commission has approved the conditional use permit, as determined by the Planning and Building Director. 87 of 346
18.29.050 Required conditions—housing units.
Housing units shall be offered first to employees of an affiliated institution or employer. If the affiliated institution or employer is unable to fill the housing units with current employees, the units may be offered to other households with a preference for people that work in the Town of Portola Valley.
18.29.060 Required conditions—development standards.
A. Residential Density. The development potential of the following Affiliated Housing (AH) sites is as follows, subject to approval by the planning commission:
1. Sequoias: Up to and including 23 units, as described in the Housing Element.
2. Christ Church: Up to and including 6 units, as described in the Housing Element.
B. If new Affiliated Housing parcels are established in accordance with Chapter 18.74, the density shall be established by the town council upon recommendation by the planning commission. The number of affordable units will be considered when establishing the density with a preference for more units affordable to lower income households.
C. Development Standards. The development standards for parcels within the AH combining district are as follows:
1. For sites with a density of up to and including 6 du/ac, the development standards of the R-MF-4 as established in Section 18.15.050 apply.
2. For sites with a density greater than 6 du/ac, the development standards of the R-MF-23 as established in Section 18.15.050 apply.
D. Design Standards. The design standards of Section 18.15.060 shall apply to all Affiliated Housing sites.
E. Parking. The planning commission may approve a reduction in otherwise required parking proposed for an Affiliated Housing site with the conditional use permit. 88 of 346
CHAPTER 18.40 SIGNS
Sections:
18.40.010 Purpose.
The purposes of this chapter shall be as follows:
A. To authorize and regulate identification and directional signs accessory to uses permitted by the zoning ordinance;
B. To maintain and improve the visual qualities of the town; C. To minimize hazards to motorists and pedestrians on public roads. (Ord. 1967-80 § 1 (6304.1), 1967)
18.40.020 Compliance with regulations.
All signs shall comply with the regulations of this chapter in addition to such other requirements as may be imposed in connection with the granting of a variance or conditional use permit or as may be required by other ordinances of the town.
(Ord. 1967-80 § 1 (6304), 1967)
18.40.030 Permitted signs—All districts.
Signs permitted in all districts shall be as follows:
A. Trespass and warning signs and signals;
B. Highway and traffic markers and street name signs;
C. Signs used by public utilities for the safety, welfare, or convenience of the public; D. The following public notices:
1. Official notices issued by any court or public body or officer,
2. Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice;
E. One sign of ten square feet maximum size may be placed on each commercial or institutional construction project and shall be removed upon completion of the project; F. Construction signs may be placed on residential construction projects provided the total area of signs on any one residential construction project does not exceed ten square feet and provided the signs are removed upon completion or sale of the house.
G. One real estate sign not exceeding four square feet in area may be placed on each piece of property that is for sale;
H. Personal name plates not exceeding one square foot in area; I. Commemorative symbols, memorial plaques, and historical tablets, placed by historicalsocieties; J. Flags, emblems, insignias, and posters of any nation, state, international organization, political subdivision or other governmental agency; and unilluminated, nonverbal religious symbols attached to a building which is a place of religious worship;
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K. Signs designating entrances, exits or conditions of use of parking areas provided no single sign shall exceed eight square feet in area;
L. Roadside signs for special local events by community or nonprofit organizations limited to periods not exceeding two weeks;
M. Directionalsigns for public or semi-public uses.
(Ord. 1967-80 § 1 (6304.2 (A)), 1967)
18.40.040 Permitted signs—C-C, A-P and O-A districts.
Signs permitted in C-C, A-P and O-A districts shall be as follows:
A. Each business, profession, or service is allowed on the same parcel with the establishment two permanent identification signs which direct attention exclusively to that business, profession orservice and the goods or services offered.
B. The maximum total size of permanent identification signs shall be one-half square foot of sign area per one lineal foot of the building frontage, or twenty-four square feet maximum for the two signs combined.
C. Each business may have one additional sign of one square foot maximum size to describe hours of operation.
D. A sign relating to a group of establishments, as in a shopping center, may be up to fifty percent greater than the allowed area for a single business, profession or service.
E. A sign shall not face the side line of any adjoining lot in any R district when such sign is within twenty-five feet of the side line.
(Ord. 1976-149 § 3, 1976: Ord. 1967-80 § 1 (6304.2 (B)), 1967)
18.40.041 Motor vehicle fuel price signs.
The following shall pertain to control of motor vehicle fuel price signs:
A. The scenic corridor areas comprised of all properties abutting Portola Road, along its entire length, and Alpine Road, along its entire length, are hereby made exempt from the provisions of Section 13531 of the California Business and Professions Code. If, however, fuel price information is included on a sign, then the area for fuel price information may be excluded from the sign area limitations of this chapter; provided, however, that the fuel price information area shall not exceed the minimum standards for such signage provided for in the California Business and Professions Code.
B. The planning commission shall have the power to establish, as a condition of the use permit for any facility that sells motor fuel to be located in areas identified in subsection A., above, appropriate requirements concerning motor vehicle fuel price signs to be viewed from the adjacent roadway.
C. All signs containing fuel price information shall be subject to review and approval by the architectural and site control commission either pursuant to a condition of a use permit established by the planning commission or the sign permit requirements of this chapter. In considering any fuel pricing sign proposal, the architectural and site control commission is hereby authorized to reduce the permitted area for other nonfuel price signage below the area limits of this chapter if it finds such a reduction is appropriate to achieve the purposes and objectives of this chapter. The architectural and site control commission is also hereby authorized to require stricter limitations for fuel price sign area if it determines smaller characters than the minimum provided for in the California Business and Professions Code can reasonably be viewed from the adjacent roadway.
(Ord. 2009-379 § 2, 2009)
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18.40.050 General requirements.
A. All signs must be appropriate for a rural environment, must harmonize with their surroundings in design and color, and be continually maintained to ensure an attractive appearance.
B. No signs shall flash, move or change light intensity.
C. No freestanding signs shall exceed sixteen feet in height.
D. No sign attached to a structure shall exceed the height of the peak of the roof.
E. Every sign shall be constructed and maintained to meet legally required clearances from communication and electrical facilities, including but not limited to clearances specified in General Order 95 of the Public Utilities Commission of the state of California.
F. All temporary signs, excluding displays inside buildings which are visible from outside, must be placed in specific approved sign display locations. These locations shall have a maximum area of one-half the allowable permanent sign area and must be approved by the architectural and site control commission. All temporary signs must be dated and those remaining longer than two months shall constitute a violation of the provisions of this title.
G. No sign other than a temporary directional or warning sign shall be placed in the public right-of-way without first securing an encroachment permit.
H. Allsigns shall comply with applicable provisions of the building code.
I. No internally illuminated sign shall exceed one square foot in area.
J. No free standing sign shall be internally illuminated.
K. No internally illuminated sign shall be placed perpendicular to a public road from which it is visible.
L. Illuminated signs shall be illuminated with no more than the minimum intensity necessary to permit the public to discern their information.
M. No sign shall be illuminated outside the hours of operation of the facility to which it is accessory.
N. In the meaning of this section, "illuminated" includes reflectorized.
O. No illuminated overhanging signs visible from outside the premises shall be permitted. (Ord. 1976-149 § 4, 1976:
Ord. 1967-80 § 1 (6304 3), 1967)
18.40.060 Nonconforming signs—Removal.
A. All temporary nonconforming signs must be removed within two months.
B. All permanent nonconforming signs must be removed or brought into conformance with this title within two years.
(Ord. 1967-80 § 1 (6304.4), 1967)
18.40.070 Application for sign permit—Determination—Appeal.
The design and placement of all signs, except those enumerated in subsections A through J of Section 18.40.030, must be submitted to the architectural and site control commission for approval prior to the installation, construction or erection of any such signs. The applicant, or any interested property owner, aggrieved by a determination of the architectural and site control commission, may appeal to the board of adjustment within ten days from the date of such determination in accordance with the provisions of Chapter 18.66. 91 of 346
(Ord. 1967-80 § 1 (6304.5), 1967)
18.40.080 Violation—Notification—Penalty.
Violators of the provisions of this chapter shall be notified of such violation by the architectural and site control commission, in writing, which notification shall state the time within which any unauthorized or illegal sign shall be removed, which may be within seven days. In the event such signs are not removed within the time fixed in the written notice, the violator shall be subject to the penalties provided in this title. (Ord. 1967-80 § 1 (6304.6), 1967)
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CHAPTER 18.60 OFF-STREET PARKING
Sections:
18.60.010 Off-street parking spaces required.
Except as permitted in this chapter, at the time of the erection of any main building or structure, at the time any main building or structure is enlarged or increased in capacity, or at the time a main building or structure is put to a different use, there shall be provided and maintained in all districts, off-street parking spaces for automobiles in accordance with the schedule set forth in Section 18.60.110. (Ord. 1967-80 § 1 (6210), 1967)
18.60.020 Dimensions and access.
A. Required parking for dwellings. Each parking space in a garage or carport shall be at least ten feet by twenty feet. Guest parking spaces shall meet the requirements set forth in subsection B. of this section. There shall be adequate provision for ingress and egress to all parking spaces. Unobstructed vehicular access shall be provided to each parking space.
B. Required parking for uses other than dwellings. The minimum dimensions permitted shall be as shown on Table 4.
TABLE 4—PARKING LOT DIMENSIONS
Width of stall…..9'
Length ofstall…..18'*
Width of aisle…..25'
*Up to two feet of overhang may be deducted from required stall length if the overhang does not interfere with planting, walks or other site features and is approved by the architectural and site control commission.
The foregoing standards are for ninety-degree parking and an aisle for two-way traffic. Parking at other angles shall provide for similar geometric standards as approved by the town engineer. (Ord. 1987-223 § 1, 1987; Ord. 1979-166 § 16 (part), 1979; Ord. 1967-80 § 1 (6210.1 (A)), 1967)
18.60.030 Location and type.
Off-street parking facilities shall be located as specified in this section. Where a distance is specified, the distance shall be the walking distance measured from the nearest point of the parking facility to the nearest entrance of the building that the facility is required to serve.
A. In residential districts, required parking facilities, except required guest parking spaces, shall be in a carport or garage, except for the R-MF-23 zoning district, and all spaces shall be located on the same parcel or building site as the buildings they are required to serve unless otherwise authorized by conditional use permit, or otherwise regulated by the Opt-in Housing Diversification Program established by the Portola Valley Housing Element.
B. For uses in other districts, parking spaces may be located on separate sites provided they are not over two hundred fifty feet from the buildings they are required to serve.
C. When the required off-street parking facilities are not situated on the same parcel as the use they are required to serve, there shall be recorded a covenant as required for joint use under paragraph D (3) of Section 18.60.070.
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D. In R-1/7.5M, 15M and 20M zoning districts, where the ASCC finds there is no reasonable location for a second required covered parking space that would have direct unobstructed vehicular access, such required parking space may be uncovered and/or in tandem, provided that in the case of an uncovered space, two hundred square feet shall be considered as floor area for purposes of determining compliance with the floor area limitations on a parcel. On parcels of twenty thousand square feet or less, an uncovered parking space may occupy required yard areas upon approval by the ASCC and after notification to affected neighbors. (Ord. 1967-80 § 1 (6210.1 (B)), 1967; Ord. 2001-338 § 7 (part), 2001)
18.60.040 Determination of parking facility requirements—Units of measurement.
A. For the purpose of this section, "floor area" shall mean the gross floor area in the building other than floor space designated and used exclusively for parking and loading spaces, building service and maintenance, or storage of equipment and furnishings belonging to the occupants of the building but not in current use.
B. In indoor or outdoor places of assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each twenty inches of such seating facility shall be counted as one seat for the purpose of determining requirements for off-street parking facilities.
BC. When units of measurements determining number of required parking spaces result in requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.
(Ord. 1967-80 § 1 (6210.1 (C)), 1967)
18.60.050 Determination of parking facility requirements—Changes in use—Additions and enlargement.
Whenever on any parcel there is a change in use, or increase in floor area, or in the number of employees or other unit of measurement specified in this chapter to indicate the number of required off-street parking spaces and such change or increase creates a need for an increase of more than ten percent in the number of off-street parking spaces, as determined by the tables in this chapter, additional off-street parking spaces shall be provided on the basis of the increased requirements of the new use, or on the basis of the total increase in floor area, or in the number of employees, or in other unit of measurement. The effects of additions, enlargements, and changes in use subsequent to July 18, 1967, shall be cumulative in regard to off-street parking requirements. (Ord. 1967-80 § 1 (6210.1 (D)), 1967)
18.60.060 Determination of parking facility requirements—Mixed occupancies and uses not specified.
In the case of a use not specifically mentioned in Section 18.60.110, the requirements for off-street parking facilities for a use which is so mentioned and to which the use is similar, shall apply as determined by the planning commission. In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as specified in Section 18.60.070 for joint use.
(Ord. 1967-80 § 1 (6210.1 (E)), 1967)
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18.60.070 Joint use.
The planning commission may, upon application by the owner or lessee of any property, authorize the joint use of parking facilities by the following uses or activities under the conditions specified in this section:
A. Up to fifty percent of the parking facilities required by this section for a use considered to be primarily a daytime use may be provided by the parking facilities of a church or any auditorium incidental to a public or parochial school or of a use considered to be primarily a nighttime use; up to fifty percent of the parking facilities required by this section for a use considered to be primarily a nighttime use may be provided by the parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to conditions set forth in subsection D of this section.
B. Up to one hundred percent of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to conditions set forth in subsection D of this section.
C. The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, and similar uses. The following uses are typical of nighttime uses:
bars, and auditoriums other than those incidental to a public or parochial school or churches.
D. Conditions required for joint use shall be as follows:
1. The structure or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another structure or use shall be located within two hundred fifty feet of such parking facility.
2. The applicant shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed.
3. If the building, structure, or improvement requiring parking space is in one ownership and the required parking space provided in another ownership, partially or wholly, there shall be a recording in the office of the county recorder, of a covenant by such owner or owners for the benefit of the town in the form first approved by said town that such owner or owners will continue to maintain such parking space so long as the building, structure, or improvement is maintained within the town. The covenant required in this paragraph shall stipulate that the title to and right to use the parcel or parcels upon which the parking space is to be provided will be subservient to the title to the premises upon which the building is to be erected, and that it is warranted that the parcel or parcels are not and will not be made subject to any other covenant or contract for use without prior written consent of the town. (Ord. 1967-80 § 1 (6210.1 (F)), 1967)
18.60.080 Common facilities.
Common parking facilities may be provided in lieu of the individual requirements contained in this chapter, but such facilities shall be approved by the planning commission as to size, shape, and relationship to sites to be served, provided the total of such off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately, taking into consideration allowable reductions for joint use as set forth in Section 18.60.070. When any such common facility is to occupy a site of five thousand square feet or more, then the parking requirements as specified in this chapter for each of two or more participating buildings or uses may be reduced not more than fifteen percent upon approval of development plans by the planning commission in the manner prescribed for a conditional use permit as set forth in Chapter 18.72, provided such area saved be preserved as open space in addition to other open spaces required by this title. In any case, where common parking facilities are to be provided, there shall be a covenant recorded in a form first approved by the town covering the matters set forth under paragraph D (3) of Section 18.60.070. 95 of 346
(Ord. 1979-166 § 16 (part), 1979: Ord. 1967-80 § 1 (6210.1 (G)), 1967)
18.60.090 Parking area plans—Submission to building inspector—Review.
The plan of the proposed parking area shall be submitted to the building inspector at the time of the application for the building permit for the structure to which the parking area is accessory. The plans shall clearly indicate the proposed development, including location, size, shape, design, curb, cuts, lighting, landscaping, and other features and appurtenances of the proposed parking lot. All plans shall be reviewed by the town planner prior to approval. (Ord. 1967-80 § 1 (6210.1 (H)), 1967)
18.60.100 Exemption from parking space requirements.
A. Nothing in this title shall be construed as requiring the provision of additional parking spaces for any structure legally existing August 17, 1967, except as provided in Section 18.60.050 or as may be required in the authorization of any conditional use permit or variance.
B. The provisions of this title which require the provision of off-street parking spaces in connection with the use of property for commercial purposes may be reduced or eliminated by resolution of the council for any parcel of property which is located within any parking district hereafter formed and existing under the provisions of any parking district act approved by the council. (Ord. 1967-80 § 1 (6210.2), 1967)
18.60.110 Schedule of required off-street parking spaces.
Except as otherwise provided in this chapter, the minimum number of off-street parking spaces required shall be as set forth in Table 5. More parking spaces may be required as a condition of any conditional use permit when the planning commission finds that the characteristics of the particular use require more parking. For uses not listed, the number of spaces required shall be stipulated by the planning commission.
TABLE 5
Use Parking Spaces Required
Single-family dwellings Dwellings 1 for each dwelling having 0 or 1 bedroom, or 2 for each dwelling having 2 or more bedrooms, plus 2
guest parking spaces in residential density districts
requiring 1 acre or more of land per dwelling unit
Multi-family dwellings and Duplexes 1 for each dwelling having 0 or 1 bedroom, or 2 for each dwelling having 2 or more bedrooms. Guest
parking shall be provided in the amount of 1 space for
every 3 units or fraction thereof.
Accessory dwelling units See Section 18.36.040.B, Accessory Dwelling Units and Junior Accessory Dwelling Units
SB 9 units See Section 18.27.060, SB 9 Development Standards Residential development applying under State Density
Bonus Law
See California Government Code Sections 65915 –
65918
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(Ord. 1979-166 § 16 (part), 1979; Ord. 1967-80 § 1 (6210.4), 1967)
18.60.120 Improvement and maintenance of parking area.
On all parcels, except those used for single-family dwellings, public or private parking facilities having a capacity for three or more vehicles shall be developed and maintained in the following manner:
A. Surface and Slope of Parking Area. Off-street parking areas shall be paved or otherwise surfaced and maintained so as to eliminate dust or mud and shall be so graded and drained as to dispose of all surface water. In no case shall such drainage be allowed across walks. Maximum slope of parking areas shall be five percent.
B. Border Barricades, Screening and Landscaping.
1. Every parking area that is not separated by a fence from any street upon which it abuts shall be provided with a suitable concrete curb or barrier not less than six inches in height. Except for entrance and exit driveways, such curb or barrier shall be continuous and shall be located not less than two feet Supportive housing and Transitional housing None
Convalescent homes 1 for each 5 beds
Churches 1 for each 5 seats in the main worship unit
Elementary schools 1 for each classroom, plus 1 for each 100 square feet in the auditorium or any space used for assembly
Emergency shelters 1 for each staff member working in the emergency shelter
Retailstores 1 for each 150 square feet of floor area
Medical or dental clinics 5 spaces for each doctor or dentist Banks, business, or professional offices 1 for each 200 square feet of floor area Establishments for the sale and consumption on the
premises of alcoholic beverages, food, or
refreshments
1 for each 2.5 seats or stools
Places of assembly with fixed seats other than those
enumerated above (includes places of worship)
1 for each 35 seats. In indoor or outdoor places of
assembly in which patrons or spectators occupy
benches, pews, or othersimilarseating facilities, each
twenty inches of such seating facility shall be counted as one seat for the purpose of determining
requirementsfor off-street parking facilities.
Places of assembly without fixed seats other than
enumerated above
1 for each 50 square feet of floor area used for
assembly
Retirement homes 1 for each apartment, double room, or family unit 97 of 346
from such street parcel lines, and such curb or barriers shall be securely installed and properly maintained.
2. Every parking area abutting property located in one of the R districts shall be separated from such property by a solid wall, view-obscuring fence, or planting screen at least six feet in height measured from the grade of the finished surface of such parking lot closest to the contiguous R district property.
3. Parking lots shall have a configuration and sufficient planting islands to accomplish a well-landscaped appearance and shading while avoiding largeunpleasant expanses of paving.
C. Entrances and Exits. The location and design of all entrances and exits shall be subject to the approval of the town engineer and town traffic committee.
D. Temporary Landscaping of Extra Spaces. When demonstrated to the satisfaction of the planning commission that not all required parking spaces will be needed for a conditionally permitted use during initial phases of a development, the commission may permit temporary landscaping of such extra spaces provided:
1. The applicant will be bound to develop such spaces for parking when deemed necessary by the planning commission; and,
2. That such spaces shall not be counted as satisfying required open space or landscaping provisions of this title.
(Ord. 1979-166 § 16 (part), 1979; Ord. 1976-149 § 1, 1976: Ord. 1967-80 § 1 (6210.5), 1967)
18.60.130 Parking areas in R, R-MF, and M-U districts.
Every parking area in an R, R-MF, or M-U district shall be governed by the following provisions in addition to those required by Section 18.60.120:
A. Such parking area shall be incidental to and accessory to a use permitted in the district in which the property is located;
B. Such parking area shall be so located that its boundary abuts the site of the establishment to which it is accessory unless otherwise permitted by a conditional use permit as provided by Chapter 18.72; C. Such parking area shall be used solely for the parking of private passenger vehicles; D. Signs as provided for in Chapter 18.40;
E. When authorized by conditional use permit, as provided by Chapter 18.72, tandem parking, the parking of two vehicles so that one is behind the other, may be permitted; and F. Where parking areas provide parking for both residential and non-residential uses, residential parking spaces shall be dedicated to the residential units..
(Ord. 1967-80 § 1 (6210.6), 1967)
18.60.140 Required bicycle parking.
A. Short-Term Bicycle Parking. Short-term secure bicycle parking shall be provided to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of four hours or less.
1. Bicycle Parking Spaces Required. For the following uses, the number of short-term secure bicycle parking spaces shall be ten percent of the parking spaces required in Table 5 of Section 18.60.110, Schedule of Required Off-Street Parking Spaces, with a minimum of four secure bicycle parking spaces provided per use.
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a. Multi-family dwellings;
b. All public uses; and
c. All commercial uses, except automobile/vehicle sales and services.
2. Location.
a. Short-term secure bicycle parking shall be located outside of pedestrian walkways, and within one hundred feet of the main entrance to the building it serves. b. Short-term secure bicycle parking shall be located outside of the public right-of-way except as allowed through an encroachment permit.
c. Where the secure bicycle parking area is not visible from the main entrance of the buildings, signs located at the main entrance of the building shall identify the location of bicycle parking.
3. Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely anchored bicycle rack shall be provided to which a bicycle frame and one wheel (two points of contact) can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such bicycle rack may serve multiple bicycle parking spaces.
4. Size and Accessibility. Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving other bicycles. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance shall be provided from vehicle parking spaces.
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M-R/7.5A/SD-3/DR
R-E/1A/SD-1a
R-E/2.5/SD-2.5
R-E/3.5A/SD-2/D-R
PC/2A/SD-1
(Ord. 1973-126)
R-E/1A/SD-1a
R-E/2A/SD-2a
R-1/15M
R-E/3.5A/ SD-2/D-R
R-E/3.5A/
SD-2/D-R
R-E/3.5A/SD-2
R-1/20M
R-E/3.5A/
SD-2/D-R
R-E/1A/SD-1a
R-1/
20M
C-C
R-1/1A
OA (R-E/1A/SD-1)
A-P
C-C
R-E/2A/
SD-2/D-R
A-P
R-E/2A/
SD-1/D-R
RUSSELL
AVE
LOS TRANCOS RD
ALPINE RD
PINON DR
WESTRIDGE DR
SAUSAL DR SAUSAL DR SAUSAL DR SAUSAL DR
MEADOW CREEK W CREEK
CT
NATHHORST AVE NATH AVEHORST A HORST AVE RST AVE NATH AVEHOR THST AV R NATHHO
HO LONEST
ADAIR LN
CORTE MADERA RD
WAYSID E RD
PORTOLA RD
CERVANTES DR
CHEROKEE WAY
CANYON
DR
CRESCENT AVE
ARASTRADERO STRADE
RD
BEAR
PAW
SIERRA
LN
RAMOSO RD
INDIAN XING HORSESHOE BND
TY NAN
WAY
ECHO LN ECHO LN E HO LN C EHO LN
OAK FOR OAK FOREST
CT
VALLEY OAK ST
PINE
RIDGE WAY
PORTOLA PORTOLA
GREEN CIR
GOLDEN OAK DR
ARAPAHOE
CT
MONTARA
CT
POMPONIO
CT
BAYBERRY
ST
TORO
CT
BUCK MEADOW DR
SANTA
MARIAAVE
ASH
LN
LOUISE LN
SHADY
LN
WYNDHAM
DR
CIMA
WAY
LARGUITA
LN
MAPACHE
CT
NAVAJO
PL
THISTLE
ST
KIOWA
CT
ALAMOS RD
VERONICA
PL
CHEROKEE
CT
GOLDEN HILLS DR
CAMPO
RD
PASO DEL
ARROYO
GROVE DR
MAPACHE DR ACHE DR MAPACHE DR PACHE DR MAPA
HAWKVIEW
ST
TINTURN
L N
PEAK LN
HOLDEN CT
PALOMA RD
BOW
WAY
ESCOBAR RD
GROVE CT
TA NO A
O KA DR
PALMER LN ALME LN PA R LN E ALMR P LN ER
COAL
MINE VIEW
SHAWNEE PASS
ALHAMBRA
CT
ZAPATA
WAY
BOLIVAR
LN
TAGUS CT
NARANJA
WAY
FRANCISCAN
RIDGE
F I RETHORN
WAY
APPLEWOOD
LN
GRANADACT
L EROY WAY
SADDLEBACK
SOLANA RD
BEAR GULCH DR
CHEYENNE
POINT
MEADOWOOD DR
MINOCA RD
LONGSPUR ST
CREEK PARK DR
ANTONIO CT
SIOUX WAY
GEORGIA
LN
D OS L O MA
VISTA LN
WILLOWBROOK DR
VALENCI A C T
CRESTAVISTA LN DEGAS RD
POSSUM LN
FAVONIA RD ONIA RD FAVONI
IROQUOIS IROQUOIS IROQUOIS
TER
TRINITY
LN
LA
S A N D RA WAY
STONEGATE RD
BROOKSIDE DR
GOYA
RD
REDBERRY
RDG
FAWN LN
HILLBROOK DR
S A N
ST
DSTONE
HA Y FI E LDS RD
Ordinance No. Date Ordinance No. Date
1967-80 7/12/1967
1969-97 9/24/1969
1973-119 2/14/1973
1973-126 1/9/1974
1976-147 10/13/1976
1979-171 4/11/1979
1981-181 3/11/1981
1981-182 4/8/1981
1983-247 7/20/1983
1989-246 9/22/1989
1990-251 4/11/1990
1990-253 7/11/1990
1995-283 4/21/1995
1996-287 4/10/1996
1998-305 1/14/1998
2003-347 2/26/2003
Legend
A-P, Administrative-professional
C-C, Community Commercial
O-A (R-E/2A/SD-2), Open Area 2 acres
O-A (R-E/1A/SD-1), Open Area 1 acre
PC/2A/SD-1, Planned Community 2 acres
R-1/15M, Single-family Residential 15,000 sq. ft.
R-1/1A, Single-family Residential 1 acre
R-1/20M, Single-family Residential 20,000 sq. ft.
R-E/1A/SD-1a, Residential Estate 1 acre
R-E/2A/SD-1/D-R, Residential Estate 2 acres
R-E/2A/SD-2/D-R, Residential Estate 2 acres
R-E/2A/SD-2a, Residential Estate 2 acres
R-E/2.5/SD-2.5, Residential Estate 2.5 acres
R-E/3.5A/SD-2, Residential Estate 3.5 acres
R-E/3.5A/SD-2/D-R, Residential Estate 3.5 acres
M-R/7.5A/SD-3/DR Residential Estate 3.5 acres
R-MF-4, Multi-family Residential 4 du/ac
R-MF-23, Mulit-family Residential 23 du/ac
MU, Mixed-Use 6 du/ac
Affiliated Housing Overlay
Parcels
Town Limit
Special Building Setback Lines
DRAFT ZONING MAP
TOWN OF PORTOLA VALLEY
0 1,000 2,000
Feet
PROJECTION: CALIFORNIA STATE PLANE COORDINATES
ZONE III, NAD83 DATUM, UNITS IN FEET
PUBLISHED: OCTOBER 2023
March 2024
MU
R-MF-4
R-MF-23 and
Affiliated Housing Overlay
SKYLINE BLVD
SKYLINE B LVD EB
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DocuSign Envelope ID: 5E845404-33C5-43B1-8D0F-65C8FA54E110 101 of 346
WHEREAS, none of the implementing zoning code text amendments or amendments to the Zoning Map for the Town of Portola Valley 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 lime the environmental analysis was completed, becomes available. Therefore, the IS/MND adopted on March 29, 2023 remains valid; and
WHEREAS, on March 20, 2024, the Planning Commission held a public hearing to review the proposed amendments to Title 18 [Zoning] of the Portola Valley Municipal Code to implement the 2023-2031 Housing Element programs and the amendments to the Zoning Map for the Town of Portola Valley, at which all interested persons had the opportunity to appear and continued the public hearing to April 3, 2024; and WHEREAS, on April 3, 2024, the Planning Commission held a continued public hearing and conducted a joint meeting with the Architectural Site Control Commission to review the proposed zoning amendments and continued the public hearing to April 17, 2024; and
WHEREAS, on March 25 and April 8, 2024, the Architectural Site Control Commission held study sessions to review the proposed zoning amendments and provide recommendations to the Planning Commission; and.
WHEREAS, on April 17, 2024, the Planning Commission held a continued public hearing to review the proposed zoning amendments and continued the public hearing to May 1,2024;and
WHEREAS, on May 1, 2024, the Planning Commission held a continued public hearing to review the proposed zoning amendments and continued the public hearing to May 8,2024;and
NOW, THEREFORE, be it resolved that the Planning Commission of the Town of Portola Valley does hereby recommend that the Town Council approve the proposed ordinance as set forth in Attachment A-1, which includes both the proposed zoning code text amendments as amended by the Planning Commission on May 8, 2024 (Exhibit A) and the proposed Zoning Map amendments (Exhibit B).
PASSED AND ADOPTED at the regular meeting of the Planning Commission of the Town of Portola Valley on May 8, 2024.
ATTEST:
Corie Stocker-Pedalino, Assistant Town Manager
DocuSign Envelope ID: 5E845404-33C5-43B1-8D0F-65C8FA54E110 102 of 346
Approved by: Sharif Etman, Town Manager
______________________________________________________________________________________ TO: Honorable Mayor and Members of the Town Council
FROM: Adrienne Smith, Senior Planner
DATE: June 12, 2024
RE: Second Reading: Waive Further Reading and Adopt Ordinance Amending Title 18 [Zoning] of the Portola Valley Municipal Code and Amending the Zoning Map for the Town of Portola Valley to Implement the 2023-2031 Housing Element [All Except Mixed Use]
RECOMMENDATION
Staff recommends that the Town Council waive further reading and adopt the attached ordinance amending Title 18 [Zoning] of the Portola Valley Municipal Code and amending the Zoning Map for the Town of Portola Valley to implement the 2023- 2031 Housing Element [All Except Mixed Use]
BACKGROUND
For background on the Portola Valley Housing Element adoption and certification, necessity of timely adoption of Zoning Code and Zoning Map amendments, applicable SB330 legislation and other applicable information, please view the May 22, 2024 Town Council agenda packet. For more information on the seven combined ASCC and Planning Commission meetings to review and provide recommended amendments to the draft Zoning Code and Zoning Map amendments, view the May 8, 2024 Planning Commission meeting packet.
At its May 22, 2024 meeting, the Town Council first considered the draft Zoning Code and Zoning Map amendments. In its presentation, staff recommended that Council consider incorporating several additional amendments to the draft to address issues of clarity and consistency. Council also directed staff to make three grammatical revisions and to reconcile confusion in the term “fronting” as it relates to the story maximum for future units located adjacent to Nathhorst Avenue on the 4370 Alpine Road housing site. Additionally, Council expressed its support for timely development of the Ladera Church housing site and its wishes that the Town find a way to make clear that it will support the Church’s affordable housing endeavors and provide them with the technical assistance they require.
TOWN OF PORTOLA VALLEY
STAFF MEMO
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Finally, Council supported the Planning Commission’s intention to author a Colleague’s Memo to be written by Chair Goulden and Vice Chair Targ and provided to the Council.
The intent of the memo is to identify several important areas it recommends Council prioritize. Council directed staff to convey its enthusiasm Planning Commission/ASCC Subcommittee and its wish to receive the memo promptly.
At its May 29, 2024 special meeting Town Council reviewed the revised draft Zoning Code amendments. View the Town Council agenda packet for discussion of these amendments During the meeting, Council also requested one additional change to Chapter 18.60.030 Off-Street Parking (A) for clarity to indicate that while the requirement for covered parking facilities do not apply to the MF-23 zoning district, all other stated requirements per section (A) do apply to MF-23 (see text revision in the Discussion section below).
Council also built upon its prior discussion of the Planning Commission’s planned Colleague’s Memo and engaged Planning Commission Chair Jon Goulden in a brief discussion to further clarify the goals of the memo and establish next steps. The Planning Commission-ASCC Subcommittee will undertake: 1) Simplification of the newly established objective design standards for the Mixed-Use and Multi Family zoning districts, with special attention to smaller affordable housing developments, and 2) Further simplification of the Town’s ministerial review process for Mixed-Use and Multi Family projects. Separately, Council was interested in a list of secondary priority items which will be made available via a Planning Commission Colleagues Memo. All work product is expected to be completed in six to eight months, including any subsequent amendments to the Zoning Code, as required.
DISCUSSION
Amendments to Draft Zoning Code
All text revisions to the draft code may be viewed in Attachment 2. All cumulative amendments as directed by the Town Council and the Planning Commission now appear in BLUE.
The one additional amendment shown in bold to Chapter 18.60.030 Off-Street Parking (A) appears below:
1. For MF-23 projects, allow for all required parking to be surface and eliminate requirement for resident parking in garages/carports. Proposed revision to Chapter
18.60.030 Off-Street Parking (A):
In residential districts, required parking facilities, except required guest parking spaces, shall be in a carport or garage, except for the MF-23 zoning district, and all spaces shall be located on the same parcel or building site as the buildings they are required to serve unless otherwise authorized by conditional use permit, or otherwise regulated by the Opt-in Housing Diversification Program established by the Portola Valley Housing Element.
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Formatting of Zoning Ordinance
The zoning ordinance amendments are separated into two separate ordinances. The first ordinance addresses the MU (Mixed Use) zone only. The second ordinance addresses RMF (Multi-Family Residential) and all other aspects of the zoning amendments. The formatting change allows for a segmented vote on the two ordinances and enables Council members with conflicts of interest regarding the MU zone to recuse on that portion.
On May 29, 2024, the Town Council introduced the Zoning Ordinances following the conduct of a duly noticed continued public hearing. As required by law, the ordinances appear for second reading and adoption at a regular meeting more than five days past introduction.
ENVIRONMENTAL ANALYSIS
On March 29, 2023, the Town Council adopted, pursuant to the California Environmental Quality Act (CEQA), an Initial Study-Mitigated Negative Declaration (ISMND) prepared for the Portola Valley Housing and Safety Elements Update and Conforming General Plan and Zoning Code Amendments. Prior to Town Council’s January 24, 2024, adoption of the Housing Element, the IS-MND was again reviewed to determine if revisions to the Housing Element occurring after the adoption of the ISMND would require modifications to the document. It was concluded at that time that all mitigation measures in the IS-MND remained valid and reduced all project-related impacts to a less-than-significant level. Likewise, staff has reviewed the implementing Zoning Code text amendments and amendments to the Zoning Map and concluded that they do not require subsequent or supplemental environmental analysis under CEQA, and further concluded that the IS/MND adopted on March 29, 2023, remains valid.
NEXT STEPS
Immediately following the June 12, 2024 second reading of the Ordinances Amending Title 18 [Zoning] of the Portola Valley Municipal Code and Amending the Zoning Map, staff will submit to HCD the amended Zoning Code with the expectation that it will again find the Town’s Housing Element in substantial compliance with State Law.
Town staff have proactively been in touch with HCD to notify them of the Town’s progress and the approximate timing of resubmission. HCD responded with enthusiasm and a desire to begin its review promptly.
Public Comment
At the time of writing this report, no public comments were received. As applicable, any additional comments received up to 1:00pm on June 12, 2024 will be posted to the meeting calendar page.
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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 Zoning Code and Zoning Map amendments is $192,243 – of which approximately $130,950 has been exhausted.
Expenditures of time spent by town staff, town attorney and other town resources on the progress of this project to date are undetermined.
ATTACHMENTS
1. Ordinance Amending Title 18 [Zoning] of the Portola Valley Municipal Code and Amending the Zoning Map (All Except Mixed Use)
2. Zoning Code Amendments and Zoning Map
3. May 8, 2024 signed Planning Commission Resolution, No.2024 - 2 recommending Town Council approval of an Ordinance Amending Title 18 [Zoning] of the Portola Valley Municipal Code and Amending the Zoning Map
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Attachment 1
ORDINANCE NO. 2024 –
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA
VALLEY AMENDING TITLE 18 [ZONING] OF THE PORTOLA VALLEY MUNICIPAL
CODE AND AMENDING THE ZONING MAP FOR THE TOWN OF PORTOLA VALLEY TO IMPLEMENT THE 2023-2031 HOUSING ELEMENT
(ORDINANCE TWO OF TWO)
WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the Town of Portola Valley (Town) adopt a housing element for the eight-year period 2023-2031 to accommodate the regional housing need allocation (RHNA) of 253 housing units assigned to the Town by the Association of Bay Area Governments; and WHEREAS, State Housing Element Law also requires the Town to rezone properties as required to make sites available with appropriate zoning and development standards to accommodate the portion of the Town regional housing need for each income level that cannot be accommodated on sites under existing Town zoning; and WHEREAS, on January 24, 2024 the Town Council of the Town of Portola Valley adopted the 2023-2031 Housing Element, which identifies those properties proposed for rezoning to accommodate the Town’s regional housing need; and WHEREAS, the 2023-2031 Housing Element was submitted to the State Department of Housing and Community Development (HCD) for review on January 26, 2024, and HCD notified the Town on January 30, 2024 that they found the Housing Element to be in substantial compliance with State Housing Element Law; and WHEREAS, to implement the 2023-2031 Housing Element, (1) text amendments are required to Title 18 [Zoning] of the Portola Valley Municipal Code to enable the programs identified in the Housing Element; and (2) amendments are required to the Zoning Map for the Town of Portola Valley to rezone sites in order to accommodate the Town’s regional housing need for all income levels; and
WHEREAS, on March 20, 2024, the Planning Commission held a public hearing to review the proposed amendments to Title 18 [Zoning] of the Portola Valley Municipal Code to implement the 2023-2031 Housing Element programs and the amendments to the Zoning Map for the Town of Portola Valley, at which all interested persons had the opportunity to appear and continued the public hearing to April 3, 2024; and WHEREAS, on April 3, 2024, the Planning Commission held a continued public hearing and conducted a joint meeting with the Architectural Site Control Commission to review the proposed zoning amendments and continued the public hearing to April 17, 2024; and
WHEREAS, on March 25 and April 8, 2024, the Architectural Site Control 107 of 346
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Commission held study sessions to review the proposed zoning amendments and provide recommendations to the Planning Commission; and.
WHEREAS, on April 17, 2024, the Planning Commission held a continued public hearing to review the proposed zoning amendments and continued the public hearing to May 1, 2024; and
WHEREAS, on May 1, 2024, the Planning Commission held a continued public hearing to review the proposed zoning amendments and continued the public hearing to May 8, 2024; and
WHEREAS, on May 8, 2024, the Planning Commission adopted Resolution 2024-02 recommending the Town Council approve an ordinance amending Title 18 [Zoning] of the Portola Valley Municipal Code and Amending the Zoning Map for the Town of Portola Valley to implement the 2023-2031 Housing Element; and
WHEREAS, on May 22, 2024, the Town Council held a public hearing, and after receiving public comments and discussion, voted to continue the item to a Special Meeting on May 29, 2024; and
WHEREAS, on May 29, 2024, the Town Council held a second public hearing, and after considering the entire record of proceedings, including but not limited to, the staff report and all written and oral comments received and the Planning Commission recommendation, the Town Council voted to approve the ordinance.
NOW, THEREFORE, the Town Council of the Town of Portola Valley does ORDAIN as follows:
1. AMENDMENTS TO CODE. The following Chapters of Title 18 [Zoning] are amended as specified in Attachment A. Attachment A shows additions with underlined text and deletions with strike out text. All text that is unmarked remains as is and all Title 18 chapters and sections not referenced in Attachment A remain unchanged.
Chapter 18.04 Definitions
Chapter 18.06 Districts
Chapter 18.10 Residential Districts
Chapter 18.11 Reasonable Accommodation for Individuals With Disabilities Chapter 18.14 R-1 (Single-Family Residential) District Regulations Chapter 18.15 R-MF (Multi-Family Residential) District Regulations Chapter 18.27 Standards for SB 9 Residential Development Chapter 18.29 Affiliated Housing (AH) Combining District Regulations Chapter 18.40 Signs
Chapter 18.60 Off-Street Parking
2. AMENDMENTS TO THE ZONING MAP FOR THE TOWN OF PORTOLA VALLEY.
The following parcels will be rezoned to the zoning district indicated below and will be so designated on the Zoning Map for the Town of Portola Valley, included as Attachment B to this ordinance:
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APN 77282030: (Glen Oaks site) MF (2-4 du/a)
APN 77271180 (Ladera Church site): MF (20-23 du/a)
3. CONSISTENCY WITH GENERAL PLAN. This ordinance is found to be consistent with the General Plan of Portola Valley.
4. ENVIRONMENTAL REVIEW. 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. 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 Text Changes, and the Mitigation Monitoring and Reporting Program (MMRP) (as updated at the March 22 and 29, 2023 public hearings). None of the implementing zoning code text amendments or amendments to the Zoning Map for the Town of Portola Valley 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. Therefore, the IS/MND adopted on March 29, 2023 remains valid.
5. CONSISTENCY WITH STATE LAW. This ordinance is intended to be consistent with State Housing Element Law and to the extent there is any inconsistency with such State law requirements, State law shall control.
6. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council herby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
7. EFFECTIVE DATE; POSTING. This ordinance shall become effective 30 days after the date of its adoption and shall be posted within the Town in three public places.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
RECUSED:
ATTEST:
By: __________________________
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Town Clerk Mayor
APPROVED AS TO FORM
Town Attorney
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Town of Portola Valley
TITLE 18 - ZONING
May 24, 2024
Public Draft Zoning Code Amendments
CONTENTS
CONTENTS.......................................................................................................................................................................... 1 CHAPTER 18.04 DEFINITIONS ............................................................................................................................................. 2 CHAPTER 18.06 DISTRICTS ...............................................................................................................................................17 CHAPTER 18.10 RESIDENTIAL DISTRICTS ..........................................................................................................................19 CHAPTER 18.11 REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH DISABILITIES ..............................................20 CHAPTER 18.14 R-1 (SINGLE-FAMILY RESIDENTIAL) DISTRICT REGULATIONS..................................................................23 CHAPTER 18.15 R-MF (MULTI-FAMILY RESIDENTIAL) DISTRICT REGULATIONS................................................................25 CHAPTER 18.23 M-U (MIXED-USE) DISTRICT REGULATIONS.............................................................................................36 CHAPTER 18.27 STANDARDS FOR SB 9 RESIDENTIAL DEVELOPMENT..............................................................................42 CHAPTER 18.29 AFFILIATED HOUSING (AH) COMBINING DISTRICT REGULATIONS..........................................................47 CHAPTER 18.40 SIGNS ......................................................................................................................................................49 CHAPTER 18.60 OFF-STREET PARKING.............................................................................................................................53 111 of 346
CHAPTER 18.04 DEFINITIONS
Sections:
18.04.010 Definitions—Generally.
For the purpose of this title, certain terms used in this title are defined as set forth in this chapter. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.020 Construction.
All words used in the present tense shall include the future tenses; all words in the plural number include the singular, and all words in the singular include the plural number unless the natural construction of the wording indicates otherwise. The word "structure" includes the word "building." The word "shall" is mandatory and not directory. The word "town" as used in this title means the town of Portola Valley, state of California; the word "council" means the town council of the town of Portola Valley, state of California; the words "planning commission" means the planning commission of the town of Portola Valley, state of California; and the words "town boundary" mean the boundary of the town of Portola Valley, state of California. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.030 Accessory structure.
"Accessory structure" means a detached building or structure which is subordinate to and the use of which is customarily incidental to that of the main building, structure, or use on the same lot. This term excludes Accessory dwelling units (see Section 18.04.151, Dwelling unit, accessory). (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.040 Accessory use.
See Section 18.02.110.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.050 Accessory, individual.
"Individual accessory" means a portion of a parcel of land which because of its size and shape and its relationship to the street and the balance of the property, is suitable only for providing vehicular or pedestrian access to the balance of the property.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.055 Affordable housing.
Affordable housing is housing for which moderate, low and very low income households pay thirty percent or less of their monthly income. Moderate, low and very low income households have monthly incomes below limits determined annually by the California Department of Housing and Community Development (California Code of Regulations, Title 25).
(Ord. 1991-261 § 1, 1991)
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18.04.057 Reserved.
Editor's note(s)—Ord. 2011-393, § 2, adopted Nov. 9, 2011, repealed § 18.04.057, which pertained to antenna, and derived from Ord. 1997-295, § 1(part), adopted in 1997.
18.04.060 Automobile service station.
"Automobile service station" means a place where motor fuel or lubricating oil or grease is offered for sale to the public and delivered directly into vehicles.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.065 Basement.
"Basement" is a floor level directly under a building which meets the following criteria:
A. The ceiling height is not more than twelve feet.
B. Provisions for light, ventilation and access do not exceed the minimum requirements of the building code, notwithstanding that additional provisions for light, ventilation and access may be permitted by the architectural and site control commission when it finds such additional provisions will not be visible from adjoining or nearby properties as such properties currently exist or as the architectural and site control commission believes may be used or developed in the future. Garages are not permitted under this provision. By virtue of the foregoing definition, a basement is permitted to meet the minimum requirements of the building code, including, but not limited to, light, ventilation and access, without approval of the architectural and site control commission.
C. The underside of the floor joists of the floor above are not more than eighteen inches above the adjoining natural or finished grade at any point, whichever is lower.
D. Where a room(s) partially meets the provisions of subsection C. of this section, that is, a portion is not more than eighteen inches above adjoining natural or finished grade, whichever is lower, and a portion is more than eighteen inches above such grade, a portion of such room(s) shall be considered as basement and a portion shall be considered as floor area. The rule for such determination shall be as follows:
1. The outside perimeter of the room(s)shall be measured and designated "A."
2. The outside perimeter of the room(s) where the underside of the floor joists of the floor above are not more than eighteen inches above adjoining natural or finished grade, whichever is lower, shall be measured and designated "B."
3. The amount of floor area of the subject room(s) that will be counted as basement is then equal to the entire floor area of the room(s) multiplied by the fraction of B/A. The balance of the floor area shall be counted as floor area.
E. The basement floor area shall not exceed the floor area of the first floor of the building above. (Ord. 2017-419 § 2, 2017; Ord. 1999-323 § 1, 1999: Ord. 1995-285 § 1 Exh. A (part), 1996: Ord. 1988-242 3 (Exh. B) (part), 1988)
18.04.070 Building.
"Building" means a roofed structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind. When a structure is divided into separate parts by unpierced walls extending from the ground to the roof or when the parts of a structure are joined only by a breezeway each such part is a separate building.
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(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.075 Building envelope.
"Building envelope" is the three-dimensional space on a parcel within which buildings and most other structures are required to be confined and which is defined by zoning ordinance regulations governing building setbacks and building heights.
(Ord. 2005-360, § 1, 2005)
18.04.077 Building height, maximum.
“Building height, maximum” is the vertical distance between the lowest point of contact with the finished ground surface to the highest point of the building or any appurtenance to the building.
Figure 18.04.077: Building Height, Maximum
18.04.078 Building height, vertical.
“Building height, vertical” is the vertical distance from the lowest point of the structure at natural grade to the highest point of the structure directly above.
Figure 18.04.078: Building Height, Vertical
18.04.080 Building inspector.
"Building inspector" means the person, agency or firm appointed by the town to function as such and may include such person(s) or position(s) delegated by resolution of the council to perform such functions. The building inspectors's duties include inspecting building plans and building construction. (Ord. 1979-166 § 1 (part), 1979: Ord. 1967-80 § 1 (6102 (part)), 1967) 114 of 346
18.04.090 Building, main.
"Main building" means a building within which is conducted the principal use on the parcel. Where a use involves more than one building designed or used for the primary purpose, as in the case of group dwellings or a group of commercial buildings, each such building on the parcel shall be construed as constituting a main building. (Ord. 1967-80 § 1 (6102 part)), 1967)
18.04.100 Carport.
"Carport" means a building or part thereof accessory to a main building, used primarily for the storage of private passenger automobiles, and which is not enclosed on all sides. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.110 Common area.
"Common area" means an area shown or to be shown on a recorded final subdivision map and devoted to the common use and enjoyment of the owners of the lots in the subdivision. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.112 Common open space.
"Common open space” means pervious open space area that is accessible to all residents of a development to enhance social interaction.
18.04.113 Coverage area.
“Coverage area” is the total footprints of all buildings on-site but does not include hardscaped areas.
18.04.114 Coverage area ratio (CAR).
"Coverage area ratio” means the ratio of the total footprints of all buildings on-site to the size of a site. Coverage area does not include hardscaped areas.
18.04.115 Density.
“Density” means the ratio between dwelling units and land, expressed as the number of dwelling units per gross acre (du/ac). For the MU (Mixed Use) and R-MF (Multi-Family) districts, density means the ratio between dwelling units and a site’s developable area, expressed as the number of dwelling units per net acre.
18.04.120 Development.
See Section 18.32.020.
(Ord. 1978-164 § 1 (part), 1978: Ord. 1967-80 § 1 (6102 (part)), 1967) 115 of 346
18.04.125 Distribution lines.
"Distribution lines" are those lines which have electric or communication capacity only sufficient to serve a local area and there is no excess capacity. These lines are usually owned by a utility and located in street rights-of-way, public utility easements or other public property.
(Ord. 1990-256 § 2 (Exh. B) (part), 1990)
18.04.129 Domestic fence.
"Domestic fence" is a fence that is not a horse fence as defined in Section 18.04.215. (Ord. 2005-360, § 1, 2005)
18.04.130 Domestic needs.
"Domestic needs" means needs which residents have in living in and caring for a household and its appurtenances. (Ord. 1979-166 § 1 (part), 1979: Ord. 1967-80 § 1 (6102 (part), 1967)
18.04.131 Dooryard.
“Dooryard” is a type of building entry that provides a limited amount of private open space at the primary entrance. The dooryard area is defined by a low wall, planter or fence that provides a buffer between the right-of way and the building while preserving a sense of openness to the building entrance.
18.04.133 Duplex.
“Duplex” means a residential building containing two primary dwelling units, both of which are located on a single parcel. The dwelling units are attached and may be located on separate floors or side-by-side.
18.04.135 Dwelling, multi-family.
“Multi-family dwelling” means three or more primary dwelling units on a single lot. Multi-family residential types include triplexes, fourplexes, townhouses, single-unit groups (e.g., cottage cluster), and apartment buildings.
18.04.140 Dwelling, single-family.
"Single-family dwelling" means a building designed or used exclusively as a single dwelling unit together with related accessory uses.
(Ord. 1979-166 § 1 (part), 1979: Ord. 1971-113 § 1, 1971: Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.150 Dwelling unit.
"Dwelling unit" means one or more rooms arranged for the use of one household with cooking, living, and sleeping facilities.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
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18.04.151 Dwelling unit, accessory.
“Accessory dwelling unit” is distinguished from “dwelling unit” in that a dwelling unit can be an accessory unit or a primary unit. An accessory dwelling unit (ADU) is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, or a manufactured home, as defined in Section 18007 of the Health and Safety Code.
18.04.152 Dwelling unit, junior accessory.
“Junior accessory dwelling unit” is distinguished from “dwelling unit” in that a dwelling unit can be an accessory unit or a primary unit. A junior accessory dwelling unit (JADU) is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit must include kitchen facilities and a separate entry. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
18.04.153 Emergency shelter.
An "emergency shelter" provides temporary housing, usually for six months or less, with at least minimal supportive services for homeless persons. Temporary housing includes, but is not limited to, low barrier navigation centers, bridge housing, and respite or recuperative care. (Ord. 2011-390 § 2, 2011)
18.04.155 Fence.
"Fence" is a structure made of wire, wood, metal, masonry or other man-made material, or combination thereof, including gates and posts, typically used as a screen, enclosure, retaining wall, or entryway feature, for a parcel of land or portion thereof.
(Ord. 2005-360, § 1, 2005)
18.04.156 Fence opacity.
"Fence opacity" is the surface area of a fence that is impenetrable to light when viewed perpendicularly to the plane of the fence.
(Ord. 2005-360, § 1, 2005)
18.04.157 Fire station.
"Fire station" means a building or facility that provides firefighting services, and may also provide technical rescue, fire protection, fire investigation, emergency medical services, and hazardous material mitigation. (Ord. 2021-441 § 2, 2021)
18.04.157.5 Floor area ratio (FAR).
"Floor area ratio,” or “FAR,” means the ratio of floor area as established in Section 18.54.050 – Floor area, to the size of a site.
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18.04.160 Garage, private.
"Private garage" means a building or part thereof accessory to a main building and used primarily for the storage of private passenger automobiles and which is enclosed on all sides. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.170 Ground level, average, finished.
See subsection A of Section 18.54.020.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.180 Guest.
"Guest" means any person other than a member of the resident household who rents or occupies a room for sleeping purposes.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.200 Guest room.
"Guest room" means a room occupied, or intended, arranged, or designed for occupation by one or more guests. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.210 Habitable room.
"Habitable room" means a room or enclosed floor space arranged for living, eating or sleeping purposes, not including bath or toilet rooms, laundries, pantries, foyers or communicating corridors. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.215 Horse fence.
"Horse fence" is a fence that complies with the horse fence standards set forth in Section 18.43.060. (Ord. 2005-360, § 1, 2005)
18.04.220 Horses, maintenance for private use.
"Horses, maintenance for private use" means the keeping of horses for private use as a use accessory to a residence on the same parcel and not for remuneration, hire or sale. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.230 Household.
"Household" means one person living alone or two or more persons people living together as the functional equivalent of a family where the residents share a single kitchen and form a single housekeeping unit by sharing 118 of 346
residency in a dwelling unit. living expenses, chores and/or meals, and are a close group with social and economic commitments to each other.
(Ord. 2011-390 § 1, 2011; Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.232 Impervious area ratio (IAR).
“Impervious area ratio,” or “IAR,” means the ratio of impervious area to the size of the site. Impervious area excludes areas covered by buildings. Impervious areas include any kind of hardscaped areas and any surfaces on the ground plane that are impervious to water.
18.04.235. Landscape area ratio (LAR).
“Landscape area ratio,” or “LAR,” means the ratio of landscaped area to the size of a site. Landscape area includes all areas on the ground plane that are left in their natural state or that have been landscaped. Landscape area excludes all impervious areas.
18.04.240 Lot.
"Lot" means a portion of land shown as a unit on a recorded parcel or subdivision map. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.250 Lot size.
For the purposes of lot size requirements pursuant to the zoning and building ordinances of the town, the area lying within private roads shall be subtracted from the area otherwise lying within the lot or parcel of land. (Ord. 1965-43 § 1, 1965)
18.04.255 Low barrier navigation center.
A housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter and housing as defined in California Government Code Section 65660.
18.04.256 Net acre.
“Net acre” is the gross acreage minus areas not available for development, such as: conservation easements, access easements, seismic setbacks, riparian setbacks, sensitive habitats or other similar constraints.
18.04.258 Nonconforming structure.
"Nonconforming structure" means a building or other structure that was lawfully constructed in accordance with the regulations for parcel area, height, floor area, coverage, yard and any special building setbacks that were in effect at the time of construction, but which does not conform to the current regulations for parcel area, height, floor area, coverage, yard or special building setbacks. (Ord. 2008-374 § 1, 2008)
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18.04.260 Nonconforming use.
"Nonconforming use" means a use of a structure or land which was lawfully established and maintained before the adoption of the ordinance codified in this title but which under this title does not conform with the use regulations or the district in which it is located.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.270 One ownership.
"One ownership" means ownership of a parcel of land or possession thereof under a contract to purchase or under a lease, the term of which is not less than five years, by a person or persons, firm or corporation, or partnership, individually, jointly, in common or in any other manner whereby such land is under single or unified control. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.280 Open space.
"Open space" means the portion or portions of a parcel unoccupied or unobstructed by structures from the ground upward except as permitted by this title.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.290 Open space, required.
"Required open space" means any front, side or rear yard or other open space, provided on the same parcel as a building, to meet the requirements of this title.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.300 Parcel.
"Parcel" means a lot or unit of land of record which complies with one of the provisions of Section 18.50.030 of this title.
(Ord. 1988-229 § 1 (Exh. A) (part), 1988: Ord. 1979-166 § 1 (part), 1979: Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.310 Parcel, corner.
"Corner parcel" means a parcel bounded on two or more adjacent sides by street lines, provided that the angle of intersection does not exceed one hundred thirty-five degrees. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.320 Parcel definitions.
If the definitions in Sections 18.04.330 through 18.04.390 pertaining to parcel lines or measurement are not applicable because of parcel shape, the town planner shall make such determination as is appropriate. (Ord. 1967-80 § 1 (6102 (part)), 1967)
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18.04.330 Parcel depth.
"Parcel depth" means the horizontal distance between the front and rear parcel lines from the midpoint of the front parcel line and measured in the mean direction of the side parcel lines. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.340 Parcel, interior.
"Interior parcel" means a parcel other than a corner parcel. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.350 Parcel line, front.
"Front parcel line" means the line separating the parcel from the street. In case a parcel abuts on more than one street, the parcel owner may elect any street parcel line as the front parcel line provided that such choice, in the opinion of the town planner, will not be injurious to adjacent properties. Where a parcel does not abut on a street or where access is by means of an individual accessway, the parcel line nearest to and most nearly parallel to the street line shall be the front parcel line.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.360 Parcel line, rear.
"Rear parcel line" means ordinarily that line of a parcel which is opposite and most distant from the front line of the parcel. In the case of a triangular or gore shaped parcel, a line ten feet in length within the parcel parallel to and at a maximum distance from the front parcel line shall be deemed to be the rear parcel line for the purpose of determining the depth of the rear yard.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.370 Parcel line, side.
"Side parcel line" means any parcel boundary not a front or rear parcel line. A side parcel line separating a parcel from another parcel or parcels in an interior side parcel line; a side parcel line separating a parcel from the street is a street side parcel line.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.380 Parcel, reversed corner.
"Reversed corner parcel" means a corner parcel, a street side line of which is substantially a continuation of the front parcel line of the parcel to its rear.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.390 Parcel width.
"Parcel width" means the average horizontal distance between the side parcel lines, measured at right angles to the lines followed in measuring parcel depth.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
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18.04.395 Porch.
“Porch” is a type of building entry and a potentially raised landing attached to the façade. Porches may be open on two or three sides and may be either engaged within or attached to the front façade.
18.04.400 Refuse.
"Refuse" includes all types of waste material including garbage, rubbish and waste matter. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.405 Religious institution.
A facility such as a church, mosque, temple or synagogue run by a nonprofit establishment, organization or association intended to advance or promote religious purposes or beliefs. Activities at such institutions shall be limited to those related to the purpose of the institution and may include religious activities, office space, living space for clergy and other members of religious orders who carry out their primary duties on site, religious education classes and other similar activities customarily associated with religious institutions. (Ord. 2011-390 § 2, 2011)
18.04.410 Repairs, minor automotive.
"Minor automotive repairs" includes replacement of minor parts for and adjustments to fuel systems, cooling systems, heating systems, electrical systems, hydraulic systems, brakes, and work of similar character. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.415 Residential care facility.
"Residential care facility" means an establishment which is maintained and operated to provide twenty-four-hour non-medical residential care and supervision to children or adults. This use category includes group homes. (Ord. 2011-390 § 2, 2011)
18.04.420 Retail store.
"Retail store" means a business selling goods, wares or merchandise directly to the ultimate consumer. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.422 Second units.
A "second unit" which is referred to as an "accessory dwelling unit" in state law means an attached or detached residential dwelling unit located on the same parcel as a main dwelling unit and which provides complete independent living facilities, including those for living, sleeping, eating, cooking and sanitation, for one household. (Ord. 2017-420 § 1, 2017; Ord. 2015-408 § 1, 2015; Ord. 199-263 § 2, 1991)
18.04.425 Service lines.
Service lines are those lines which provide electric and communication service from a distribution line to an individual property.
(Ord. 1990-256 2 (Exh. B)(part), 1990)
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18.04.430 Sign.
"Sign" means any writing, pictorial representation, symbol, registered trademark, flag or any similar figure used to identify, announce, direct attention, or advertise or communicate, together with any material or color forming an integral part of the display or used to differentiate the sign from the background, which is visible from outside a building and is located on or outside a building, or is within a building and primarily intended to be visible from the outside.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.440 Sign, area of.
A. "Area of sign" for wall, marquee and awning signs means the area of the smallest geometric figure enclosing the outer limits of writing, representation, emblem or similar form of communication.
B. "Area of sign" for freestanding, roof, projecting and banner or pennant signs means the entire sign exclusive of uprights or other structural members. Where such signs have multiple sides or faces, including signs in the form of cylinders.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.450 Sphere of influence.
"Sphere of influence" means an unincorporated area designated by a local agency formation commission as appropriate for annexation to a designated adjoining city and in which annexations will be allowed only to such city.
(Ord. 1979-166 § 1 (part), 1979: Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.460 Stable, boarding.
"Boarding stable" means any establishment regularly providing services or facilities for the keeping of horses limited to boarding stables and appropriate training facilities, subject to all the provisions of the stable ordinance of the town.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.470 Stable, community.
"Community stable" means a horse stable and related areas and facilities for the maintenance of horses for private use as a use accessory to a residence in the planned unit development in which the stable is located. (Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.480 Stable, horse.
"Horse stable" means a building or portion thereof designed or used for the housing or feeding of horses. (Ord. 1967-80 § 1 (6102 (part)), 1967)
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18.04.482 Stoop.
“Stoop” is a type of building entry where the façade is set back from the property line by a distance that is generally equal to the depth of the entry stairs and landing. The first story may be elevated from the sidewalk sufficiently to secure privacy for first-story windows and the entrance is accessed via an exterior stair and landing and/or ramp.
18.04.485 Story.
A “story” is a portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. A basement is considered a story when the distance between the finished grade and the floor of the story above is greater than four feet at any point. An attic is not considered a story provided it is unconditioned, unfinished, and less than seven feet in height at its highest point with an average height not exceeding four feet.
18.04.490 Structure.
Figure 18.04.485: Story
"Structure" means anything constructed or erected which requires location on the ground or which is attached to something having location on the ground, excluding vehicles designed and used only for the transportation of people or goods.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.500 Structural alteration.
"Structural alteration" means any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joist, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components or changes in roof or exterior lines. (Ord. 1969-99 § 2 (part), 1969: Ord. 1967-80 § 1 (6102 (part)), 1967) 124 of 346
18.04.510 Substantial improvement.
See Section 18.32.020.
(Ord. 1978-164 § 1 (part), 1978: Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.515 Supportive housing.
"Supportive housing" shall have the same meaning as defined in Section 50675.14 of the Health and Safety Code, as amended from time to time.
(Ord. 2011-390 § 2, 2011; Ord. 2022-448 § 1, 2022)
18.04.517 SB 9 definitions.
The terms defined in Section 17.13.020 of Title 17 (Subdivisions) shall have the same meanings for purposes of Chapter 18.27 (SB 9 Residential Lot Split Definitions). (Ord. 2021-443 §4, 2021)
18.04.520 Town planner.
"Town planner" means the person or firm appointed by the town to function as such and may include such person(s) or position(s) delegated by resolution of the council to perform such functions. The town planner's duties include advising the town on planning matters and administering plans and regulations. (Ord. 1979-166 § 1 (part), 1979: Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.523 Transitional housing.
"Transitional housing" shall have the same meaning as defined in Section 50675.2 of the Health and Safety Code, as amended from time to time.
(Ord. 2011-390 § 2, 2011; Ord. 2022-448 § 2, 2022)
18.04.525 Transmission lines.
"Transmission lines" are those lines which have electric or communication capacity in excess of that needed to serve an immediate area. These lines are usually owned by a utility and located in street rights-of-way, public utility easements or other public property.
(Ord. 1990-256 § 2 (Exh. B) (part), 1990)
18.04.530 Use.
"Use" means the purpose for which land or a structure is arranged, designed or intended, or for which either land or a structure is or may be occupied or maintained. See also Section 18.02.080. (Ord. 1967-80 § 1 (6102 (part)), 1967)
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18.04.540 Vegetation, removal of.
"Removal of vegetation" means cutting vegetation to the ground or stumps, complete extraction, or killing by spraying.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.545 Reserved.
Editor's note(s)—Ord. 2011-393, § 3, adopted Nov. 9, 2011, repealed § 18.04.545, which pertained to wireless communication facility, and derived from Ord. 1997-295, § 1(part), adopted in 1997.
18.04.550 Yard, interiorside.
See Section 18.52.010.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.555 Yard, required.
"Required yard" means an open space required by subsections 18.52.010 A., B. or C. located between a parcel line and a building envelope.
(Ord. 2005-360, § 1, 2005)
18.04.560 Yard, required front.
See Section 18.52.010.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.570 Yard, required rear.
See Section 18.52.010.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
18.04.580 Yard, required side.
See Section 18.52.010.
(Ord. 1967-80 § 1 (6102 (part)), 1967)
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CHAPTER 18.06 DISTRICTS
Sections:
18.06.010 Districts established.
The following classes of use districts are established:
O-A districts—Open area districts
P-C districts—Planned community districts
Chapter 18.12: R-E districts—Residential estate districts Chapter 18.14: R-1 districts—Single-family residential districts Chapter 18.15: R-MF districts—Multi-family residential districts Chapter 18.16: M-R districts—Mountainous residential districts Chapter 18.20: C-C districts—Community commercial districts Chapter 18.22: A-P districts—Administrative-professional districts Chapter 18.23: MU district—Mixed-use district
Chapter 18.26: O-A districts—Open area districts
Chapter 18.28: P-C districts—Planned community districts Chapter 18.29: AH Affiliated housing combining district Chapter 18.31: H-R (historic resource) combining district (Ord. 1994-276 § 4 Exh. A (part), 1994; Ord. 1979-166 § 2, 1979; Ord. 1967-80 § 1 (6104.1), 1967)
18.06.020 Combining districts established.
To provide for a range of parcel sizes and required open spaces necessary to reflect the diversity of locational and physical conditions existing in the town, to provide special regulations for areas of special importance or unusual scenic amenity, and to control density and character of development in relation to the character of terrain, the following classes of combining districts are established:
Residential density combining districts, including:
7.5M—7,500 sq. ft.
15M—15,000 sq. ft.
20M—20,000 sq. ft.
1A—1 acre
2A—2 acres
2.5A—2.5 acres
3.5A—3.5 acres
5A—5 acres
7.5A—7.5 acres
D-R districts—Design review combining districts
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F-P districts—Floodplain combining districts
S-D districts—Slope density combining districts
(Ord. 1981-181 § 1, 1981; Ord. 1979-166 § 3, 1979; Ord. 1978-164 § 2, 1978; Ord. 1968-86 § 1, 1968: Ord. 1967-80 § 1 (6104.2), 1967)
18.06.030 Designation of districts on zoning map.
The districts and combining districts enumerated in Sections 18.06.010 and 18.06.020 are applied to lands in the town insofar as the designations, locations, and boundaries of such districts are set forth on the zoning map adopted by reference by Section 18.08.010.
(Ord. 1967-80 § 1 (6104.3), 1967)
18.06.040 Prezoning adjoining unincorporated lands.
Adjoining lands in unincorporated territory are prezoned in the categories indicated on the zoning map by the adoption of the ordinance codified in this title and subsequent amendments hereto. In the event any prezoned lands are subsequently annexed to the town the zoning indicated on the map shall become effective at the time of annexation. All other lands annexed to the town after August 17, 1967 shall be in R-E/5A districts unless otherwise classified.
(Ord. 1967-80 § 1 (6104.4), 1967)
18.06.050 Areas not included within a district.
In every case where any land has not been specifically included within a district, or if any district is determined to be invalid or inapplicable, such land is declared to be in R-E/5A districts until otherwise classified. (Ord. 1967-80 § 1 (6104.5), 1967)
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CHAPTER 18.10 RESIDENTIAL DISTRICTS
Sections:
18.10.010 Purposes of regulations for residential districts.
The purposes of regulations for residential districts are as follows:
A. To control the density and distribution of population in conformance with the general plan; B. To provide for residential areas that will permit development of rural, single-family, and multi-family living accommodations;
C. To regulate the development and use of residential areas in a manner that will minimize disturbance of the natural terrain and will preserve the inherent visual amenities and minimize problems of drainage, erosion, and earth movement;
D. To provide for grouping or clustering of residential structures where appropriate in order to preserve the natural amenities and open space qualities of Portola Valley; E. To provide areas for multi-family and mixed-use development that supports a mix of multi-family residential, local retail, consumer service businesses, and professional services; F. To provide standards that preserve the rural character of Portola Valley and promote public health, safety and welfare.
EG. To permit public and private facilities needed to serve residential areas; FH. To permit and regulate uses and institutions requiring a location in a residential area. (Ord. 1967-80 § 1 (6500), 1967)
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CHAPTER 18.11 REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH
DISABILITIES
18.11.010 Purpose.
The purpose of this section is to establish a procedure that individuals with disabilities can use to request reasonable accommodation in the town's laws, standards, policies, practices and procedures, so that the individuals will have equal access to housing in accordance with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act. In addition, this section describes the process that shall be used to consider and decide on such requests.
(Ord. 2011-390 § 3, 2011)
18.11.020 Applicability and eligibility.
A. An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.
B. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.
(Ord. 2011-390 § 3, 2011)
18.11.030 Notice of availability.
To ensure that individuals with disabilities are aware of the reasonable accommodation procedure, notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in town hall, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public at town hall. (Ord. 2011-390 § 3, 2011)
18.11.040 Request for reasonable accommodation.
A. Requests for reasonable accommodation shall be in writing and provide the following information:
1. Name, address and telephone number of the individual(s) requesting reasonable accommodation;
2. Name and address of the property owner(s);
3. Address of the property for which accommodation is requested;
4. Description of the requested accommodation and the regulation, policy or procedure for which accommodation is sought; and
5. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
B. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection. 130 of 346
C. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.
D. If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible. (Ord. 2011-390 § 3, 2011)
18.11.050 Review and decision.
A. The reviewing authority for requests for reasonable accommodations shall be the town planner or his/her designee.
B. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following criteria:
1. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;
2. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;
3. Whether the requested accommodation would impose an undue financial or administrative burden on the town; and
4. Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction's land use and zoning or building program.;
5. The potential impact of the requested reasonable accommodation on surrounding properties; and
6. The potential for other reasonable accommodation with less impact on neighbors and/or the town.
C. In granting the request or granting the request with modifications, the reviewing authority may impose any conditions of approval that are reasonable and necessary to ensure that the reasonable accommodation is consistent with the criteria in subsection B. above.
D. The reviewing authority shall issue a written decision on a request for reasonable accommodation within forty-five days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection B. above.
E. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the forty-five-day period to issue a decision is stayed until the applicant responds to the request.
F. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in subsection B. above. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The written decision shall be sent to the applicant by certified mail.
G. The written decision of the reviewing authority shall be final unless an applicant appeals it to the jurisdiction's planning commission.
H. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. 131 of 346
(Ord. 2011-390 § 3, 2011)
18.11.060 Appeal.
A. An applicant or any abutting neighbor may appeal an adverse decision within thirty days of the date of the reviewing authority's written decision.
B. The appeal shall be in writing and shall state the grounds for the appeal. If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.
C. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
D. The appeal shall be heard by the town council in a public hearing, with notice given to all property owners of land directly abutting the proposed site.
E. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.
(Ord. 2011-390 § 3, 2011)
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CHAPTER 18.14 R-1 (SINGLE-FAMILY RESIDENTIAL) DISTRICT REGULATIONS Sections:
18.14.010 Intention—Applicable regulations.
The class of district is intended to promote and encourage the establishment and maintenance of a suitable environment for rural-urban family living on parcels of sizes adequate to accommodate singlefamily dwellings of differing characteristics, enhance privacy, preserve the visual amenities of existing open space to the maximum extent feasible, and preclude unwarranted reductions in parcel sizes. Any parcel in an R-1 district may be occupied by a principal use listed in Section 18.14.020 or, when authorized by the planning commission, by a conditional use listed in Section 18.14.030, together with uses accessory to such principal use or conditional use as specified in Section 18.14.040. Use of any parcel is subject to:
A. The provisions governing accessory uses set forth in Chapter 18.42; B. Parcel area, open area, and bulk requirement set forth in Chapters 18.42 and 18.48 through 18.60; C. The off-street parking requirements set forth in Chapter 18.60; D. The provisions regulating nonconforming uses set forth in Chapter 18.46; E. The required conditions set forth in Section 18.14.050; F. Special building setback lines set forth in Chapter 18.58. (Ord. 1967-80 § 1 (6502), 1967)
18.14.020 Principal uses permitted.
Principal uses permitted in the R-1 district shall be as follows:
A. Uses permitted by Section 18.36.010;
B. Single-family dwellings, including group homes that do not provide licensable services; residential care facilities and group homes that provide licensable services to six or fewer persons;, supportive housing;, and transitional housing;
C. Temporary uses permitted by Section 18.36.030;
D. Public school when located in conformance with the general plan. (Ord. 2022-448 § 3, 2022; Ord. 2011-390 § 5, 2011; Ord. 1987-224 § 1 (part), 1987: Ord. 1967-80 § 1 (6502.1), 1967)
18.14.030 Conditional use permitted.
The following uses shall be permitted only when a conditional use permit is granted therefor as provided in Chapter 18.72:
A. Uses permitted by Section 18.36.020;
B. Residential care facilities and group homes that provide licensable services to seven or more persons; BC. Residential planned unit developments as regulated by Chapters 18.44 and 18.72; 133 of 346
CD. Landscaping, open space, growing of plants and similar low intensity uses each of which is attendant to adjoining uses in the C-C district, provided such uses are not required to meet the requirements of Chapters
18.42 and 18.48 through 18.60;
DE. Publicly-owned park, recreation or open space areas when located in conformance with the general plan; EF. Fire stations when located in conformance with the general plan. Development standards, including but not limited to, floor area, setbacks and parking, shall be established by the decision-making body. (Ord. 2021-441 § 1, 2021; Ord. 2011-390 § 5, 2011; Ord. 1987-224 § 2 (part), 1987; Ord. 1979-166 § 21 (part), 1979; Ord. 1971-113 § 4, 1971; Ord. 1967-80 § 1 (6502.2), 1967)
18.14.040 Accessory uses permitted.
A. Accessory uses permitted in the R-1 district shall be as follows:
B. Accessory uses as permitted in Sections 18.36.040 and Chapter 18.4018.42; C. Accessory uses permitted by subsections B, D, E, F, G, H, I, J and K of Section 18.12.040; D. Household pets permitted by town ordinances.
(Ord. 1991-263 § 6, 1991; Ord. 1967-80 § 1 (6502.3), 1967)
18.14.050 Required conditions.
A. Required conditions in the R-1 districtshall be as follows:
B. Required conditions as stipulated by subsections A, B and C of Section 18.12.050; C. Conformance with the requirements set forth in Section 18.37.010. (Ord. 1994-279 § 2 (part), 1994; Ord. 1994-276 § 4 Exh. A (part), 1994; Ord. 1979-166 § 21 (part), 1979: Ord. 1971- 112 § 2, 1971; Ord. 1967-80 § 1 (6502.4), 1967)
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CHAPTER 18.15 R-MF (MULTI-FAMILY RESIDENTIAL) DISTRICT
REGULATIONS
Sections:
18.15.010 Intention—Applicable regulations.
This class of district is intended to promote and encourage the establishment and maintenance of a suitable environment to accommodate multi-family dwellings of differing characteristics and broader ranges of affordability, incorporate fire resilient design, ensure privacy, preserve the visual amenities of existing open space to the maximum extent feasible, and preclude unwarranted reductions in parcel sizes. Any parcel in an R-MF district may be occupied by a principal use listed in Section 18.15.020 or, when authorized by the planning commission, by a conditional use listed in Section 18.15.030, together with uses accessory to such principal use or conditional use as specified in Section 18.15.040. Use of any parcel is subject to:
A. Developmentstandardsset forth in Section 18.15.050;
B. Design standards set forth in Section 18.15.060;
C. The required conditions set forth in Section 18.15.070; D. The provisions governing accessory uses, fences, and planned unit developments set forth in Chapters
18.42 through 18.44;
E. The provisions regulating nonconforming uses set forth in Chapter 18.46; F. Yards, building bulk, and site design requirements set forth in Chapters 18.52 through 18.56; G. Special building setback lines set forth in Chapter 18.58; and H. The off-street parking requirements set forth in Chapter 18.60.
18.15.020 Principal uses permitted.
Principal uses permitted in the R-MF districts shall be as follows:
A. Uses permitted by Section 18.36.010;
B. Single-family dwellings;
C. Duplexes;
D. Emergency shelters;
E. Multi-family dwellings;
F. Residential care facilities;
G. Supportive housing;
H. Transitional housing;
I. Low barrier navigation centers;
J. Temporary uses permitted by Section 18.36.030; and
K. Public schools when located in conformance with the general plan. 135 of 346
18.15.025 Uses allowed by right.
In accordance with Housing Element law (Government Code section 65583.2, subdivisions (h) and (i)), housing developments with a minimum density of 20 units per acre in which 20 percent or more of the units are affordable to lower income households shall be permitted by-right (without discretionary action). In compliance with Section 18.64.090 (Action by architectural and site control commission), the ASCC will review the proposed project for consistency with the objective standards contained in this chapter.
18.15.030 Conditional uses permitted.
The following uses shall be permitted only when a conditional use permit is granted as provided in Chapter 18.72:
A. Uses permitted by Section 18.36.020;
B. Residential planned unit developments as regulated by Chapters 18.44 and 18.72; C. Landscaping, open space, growing of plants and similar low intensity uses each of which is attendant to adjoining uses in the C-C district, provided such uses are not required to meet the requirements of Chapters
18.42 and 18.48 through 18.60;
D. Publicly-owned park, recreation or open space areas when located in conformance with the general plan;
E. Fire stations when located in conformance with the general plan. Development standards, including but not limited to, floor area, setbacks and parking, shall be established by the decision-making body; and F. Stable, boarding.
18.15.040 Accessory uses permitted.
Accessory uses permitted in the R-MF districts shall be as follows:
A. Accessory uses as permitted in Section 18.36.040 and Chapter 18.42; B. Accessory uses permitted by Section 18.12.040 (subsections B through J). Subsection C is limited to long term (minimum 30-day) rentals;
C. Household pets permitted by town ordinances.
18.15.050 Development standards.
Table 18.15.050, Development Standards – Multi-Family Residential Zoning Districts establishes the development standards for the R-MF Zoning Districts. The numbers in the figure below correspond with the regulations in the table that follows.
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Figure 18.15.050: Development Standards – Multi-Family Residential Zoning Districts Table 18.15.050: Development Standards – Multi-Family Residential Zoning Districts Standard R-MF-4 R-MF-23 Key
Density1 Min. 2 du/ac; max. 4 du/ac Min. 20 du/ac; max. 23 du/ac Lot Width Min. 120 ft Min. 90 ft ❶
Floor Area Ratio (FAR)1
2.0-2.5 du/ac: max. 0.10
2.5-3.5 du/ac: max. 0.16
3.5-4.0 du/ac: max. 0.21
Max. 0.55
Coverage Area Ratio
(CAR)1
2.0-2.5 du/ac: max. 0.10
2.5-3.5 du/ac: max. 0.16
3.5-4.0 du/ac: max. 0.21
see Chapter 18.54.040 for exceptions
Max. 0.35; see Chapter 18.54.040 for
exceptions
Unitsize (excludes
garage space) Min. 500 sq ft, max. 2,500 sq ft Min. 400 sq ft, max. 1,800 sq ft Max. Floor Area for
Single Building (all floors) Max. 4,600 sq ft Max. 6,200 sq ft ❷ Building Height
Principal Structure
Building height, max.: 34 ft;
Building height vertical: 28 ft
Building height max. 38 ft/3 stories;
Building height vertical: 34 ft
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Accessory Structure
(not including ADUs)
Building height, max.: 16 ft Building height, max.: 16 ft Setbacks
Front
30 f t unless special setbacks apply,
see Chapter 18.58 – Special Setback
Lines, 75 f t along Alpine Road.
50 f t unless special setbacks apply,
see Chapter 18.58 – Special Setback
Lines, 75 f t along Alpine Road
❸
Interior Side Min. 30 ft Min. 15 ft ❹
Rear Min. 30 ft Min. 15 ft ❺
Building Separation Min. 20 ft Min. 12 ft ❻
Landscape Area Ratio
(LAR)1
2.0-2.5 du/ac: min. 0.81
2.5-3.5 du/ac: min. 0.73
3.5-4.0 du/ac: min. 0.65
Min. 0.25
Common Open Space
Min. 400 sq ft/unit; may be part of
required LAR
Min. 200 sq ft/unit; may be part of
required LAR
Impervious Area Ratio
(IAR)1
Required frontsetback area: max.
50%;
Entire site:
2.0-2.5 du/ac: max. 0.09
2.5-3.5 du/ac: max. 0.11
3.5-4.0 du/ac: max. 0.14
Required frontsetback area; max.
0.75;
Entire site: max. 0.40
Parking Buffer
Min. landscaped bufferrequired
between on-site parking and
property line:
Along Alpine Road within the scenic
corridor: 15 ft;
Along all other street-facing
frontages: 10 ft
Min. landscaped bufferrequired
between on-site parking and
property line:
Along Alpine Road within the scenic
corridor: 15 ft;
Along all other street-facing
frontages: 10 ft
Notes:
1. In accordance with the 2023-2031 Housing Element and based on the preliminary site analysis described therein, the estimated developable area of the Glen Oaks Housing Site is 4.0 acres. The density, FAR, CAR, LAR, and IAR are anticipated to be calculated based on the estimated developable area.
18.15.060 Design standards.
A. Building Massing.
1. Street-Facing Upper-story Step-backs. Along the front and street side façade, the third story must be stepped back a minimum of ten feet from the ground floor façade or be embedded in a sloped roof form.
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Figure 18.15.060.A.1: Upper Story Step-Backs
2. Interiorside daylight plane.
a. R-MF-4. The building envelope must fit within a plane which starts at the natural ground surface at the property line and increases in height at a ratio of two vertical units to one horizontal unit away from the property line.
b. R-MF-23. The building envelope must fit within a plane which starts at 12 feet above the natural ground surface at the property line and increases in height at a ratio of two vertical units to one horizontal unit away from the property line.
3. Building Massing Abutting the R-E Zone. Building façades abutting and facing the R-E zone may not exceed 30 feet in width without a break of minimum 6 feet in depth.
Figure 18.15.060.A.2: Building Massing Abutting the R-E Zone B. Façade Articulation and Composition.
1. Vertical Articulation.
a. Building facades up to 65 feet in length along a right-of-way must incorporate two or more of the following:
i. Window bays a minimum 2 feet in depth from the building façade every 12 horizontal feet. ii. Recesses offset a minimum 2 feet in depth from the building façade every 12 horizontal feet.
iii. Porches or decks over a minimum 25 percent of the façade length. 139 of 346
b. When a building façade exceeds 65 feet in length along a right-of-way, it must be separated into façade bays no greater than 50 feet in width defined by a recess or offset a minimum of 2 feet in depth and at least one of the following strategies:
i. Change in roof parapet height or shape.
ii. Change in roof form.
iii. Change in building height, minimum 8-foot difference.
Figure 18.15.060.B.1: Building Articulation, Façades over 65 Feet
2. Bay Articulation. The eave or roof form of a recessed façade bay shall be no higher than the corresponding elements of the primary façade bay(s).
3. Townhouses/Rowhouses. In townhouse and rowhouse development types, all primary facade planes of adjacent attached units must be staggered a minimum of 12 inches every three units.
C. Building Entrances. Building entrances must take one of the following forms:
1. Individual covered dooryard frontages with dimensions as indicated below:
a. Width of usable yard area: Minimum 6 feet.
b. Depth of dooryard from door: Minimum 4 feet, maximum 10 feet. c. Projection depth: Maximum 6 feet.
d. Height of enclosure: Maximum 3 feet.
e. Clear height to projection: Minimum 8 feet, maximum 12 feet. 140 of 346
Figure 18.15.060.C.1: Dooryard
2. Individual covered porch frontages with dimensions as indicated below:
a. Width of porch: Minimum 12 feet.
b. Depth of porch: Minimum 8 feet.
c. Clear height, if porch is covered: Minimum 8 feet, maximum 12 feet.
Figure 18.15.060.C.2: Porch
3. Individual covered stoop frontages with dimensions as indicated below:
a. Width of stoop: Minimum 5 feet, maximum 12 feet.
b. Depth ofstoop: Minimum 5 feet, maximum 8 feet.
c. Projection depth: Minimum 5 feet, maximum 8 feet.
d. Clear height to projection: Minimum 8 feet.
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Figure 18.15.060.C.3: Stoop
4. Individual recessed frontages with dimensions as indicated below:
a. Width of recessed entry: Minimum 16 feet, maximum 25 feet. b. Depth of recess entry: Maximum 16 feet.
c. Recessed surfaces 8 horizontal feet or more require at least one window or door.
Figure 18.15.060.C.4: Recess
D. Roof Design.
1. Eaves. If eaves are incorporated into the roof design, the eaves must be at least 18 inches in depth.
2. Dormers. The total width of a single dormer or multiple dormers shall not exceed 50 percent of the total roof length at the street-facing façade. The dormer width shall be measured at the dormer roof fascia or the widest part of the dormer.
3. Roof decks. Roof decks are not allowed.
E. Windows and Doors.
1. Window Shape. Windows must be square, rectangular, or arched.
2. Window Recess and Trim. All windows must be either:
a. Recessed a minimum of 1 inch from the outer wall surface with trim at least 2 inches in width; or b. Recessed a minimum of 3 inches from the outer wall surface. 142 of 346
Figure 18.15.060.E.2: Window Recess and Trim
3. Divided Lites. Simulated divided-lite grilles are acceptable only if they are located on both the outside and inside faces of the window, have spacer bars between the double panes of glass, and a thickness of at least 1/4 inch on each side of the window.
4. “360-Degree” Design. All windows on each floor of each façade must be consistent in design, including proportions, trim, material, and color.
5. Glazing. Reflective or opaque tinting of glazing on windows of primary living spaces (living rooms, dining room, family rooms, and bedrooms) is prohibited.
F. Residential Unit Design.
1. Universal Design. Minimum 15 percent of units must employ principles of Universal Design, including at a minimum the following:
a. At least one entrance without steps and a flat threshold. b. Living space on one floor or stair landings big enough to accept lifts. c. Wide interior doors (32-inch clear, typically provided with 36-inch door), hallways, and alcoves with 60 by 60-inch turning space at doors, in kitchens, and dead ends. d. At least one bathroom must be located on the ground level. e. A 30 by 48-inch clear space at appliances and fixtures in bathrooms and kitchens.
2. Affordable unit design. Affordable units and market rate units in the same group of buildings constructed under the same approval shall be constructed with the same exterior materials and details so that the affordable units are not distinguishable from market-rate units.
G. Building Materials and Colors.
1. Primary Building Materials. Primary shall mean 50 percent or more of a façade surface area excluding transparent surfaces. The following primary cladding materials are allowed:
a. Stucco (minimum 2-coat, 20/30 finish or finer);
b. Stone (must extend vertically to the foundation);
c. Stone-colored brick (must extend vertically to the foundation); d. EIFS; and
e. Fiber cement.
2. Secondary Accent Materials.
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a. Metal (wrought iron, copper, bronze) with a non-reflective finish; b. Fiber cement;
c. Split-face CMU;
d. Terra cotta tile;
e. Brick or brick veneer; and
f. Glazed tile.
3. Building Colors.
a. A maximum of four colors shall be applied to the building façade:
i. Primary color comprising 60 percent or more of the façade. ii. Secondary color comprising no more than 30 percent of the façade. iii. Tertiary color comprising no more than 10 percent of the façade. iv. Accent color for use on trim and architectural details. b. The reflectivity value for colors shall not exceed 40 percent, except that the colors for trim must not have a reflectivity value over 50 percent.
c. Materials with intrinsic, naturally occurring colors, materials with prefinished color such as stucco, and colorized metal shall count towards the maximum of four colors.
H. On-Site Circulation.
1. Walkways shall connect all primary building entrances on a site to each other, to on-site automobile and bicycle parking areas, to any on-site open space areas, and to adjoining public rights-of-way.
2. Paving within Setback Area. Paving within required setback areas shall be visually distinct from the adjacent public sidewalk.
3. Hardscape Materials. On-site hardscape materialshall be permeable or pervious.
I. Parking Configuration and Design.
1. Location. Parking may be located in:
a. Tuck-underindividually secured garages;
b. Shared ground-floor garages;
c. Underground garages;
d. Carports; or
e. Surface parking lots.
2. Tandem Parking. Tandem parking may satisfy the off-street parking requirement in accordance with the following:
a. No more than two vehicles may be placed one behind the other. b. Both spaces shall be assigned to a single dwelling unit or to employees of the same nonresidential establishment.
c. Each tandem parking bay must be a minimum 40 feet in length by 12 feet in width.
3. Driveway access.
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a. Driveways may not exceed 20 feet in width, unless pre-empted by Fire code. b. Parking Lot Access. Parking lot access shall be provided from a maximum of one driveway for developments of up to 10 units and a maximum of two driveways for developments of more than 10 units, unless pre-empted by Fire code.
4. Separation from buildings. Surface parking areas and drive aisles must be separated from on-site buildings by a minimum distance of six feet, which may include landscaping or walkways.
J. Exterior lighting. Exterior building lighting shall comply with Section 18.36.040.A.8 in addition to the following standards:
1. All exterior lighting fixtures shall be oriented downward, fully shielded, and certified by the International Dark Sky Association to prevent light intrusion into adjacent building use and sensitive habitat such as riparian habitat, streams, and wetlands.
2. Electrical elements such as wires, conduits, and panel boxes shall be concealed from public view or painted to match the background surface color.
K. Mechanical, electrical, and plumbing equipment.
1. Location of Equipment. Equipment, particularly if noise producing, shall be located away from private and common open space areas and shall not be located within the front setback of any residential or mixed-use zone. Public utilities are excluded from this requirement.
2. Screening and Visibility Requirements. All exterior equipment and utilities shall be screened or incorporated into the design of buildings so as not to be visible from public rights-of-way or adjacent residential zones.
3. Rooftop-Mounted Equipment Screening. Roof mounted mechanical equipment shall be screened in compliance with the following standards:
1. To the greatest extent possible equipment shall be placed in wells or behind parapet walls.
2. Screening materials may be solid concrete, wood, or other opaque material and shall effectively screen the mechanical equipment so that it is not visible from a public street;
3. Screening shall be consistent with other on-site improvements in terms of color, material, and architectural style; and
4. Equipment must be screened from view from adjacent public rights-of-way.
18.15.070 Required conditions.
Required conditions in the R-MF districts shall be as follows:
A. Required conditions as stipulated by subsections A, B and C of Section 18.12.050; B. Conformance with the recycling and trash enclosure requirements set forth in Section 18.37.010. 145 of 346
CHAPTER 18.27 STANDARDS FOR SB 9 RESIDENTIAL DEVELOPMENT Sections:
18.27.010 Purpose and intent.
The purpose of this chapter is to implement Senate Bill No. 9 (2021) ("SB 9") and to establish objective standards and regulations to govern the development of qualified Senate Bill 9 subdivisions and development projects on single family residential zoned properties within the Town of Portola Valley. The establishment of these regulations will result in the orderly subdivision and development of qualified SB 9 projects while ensuring that the new units are consistent with the rural character of the town and do not create any significant impacts with regards to fire and geologic safety, public infrastructure and public safety. This chapter shall be implemented and interpreted in conjunction with California Government Code Sections 65852.21 and 66411.7 and Chapter 17.13 (SB 9 Lot Splits). (Ord. 2021-443 §5, 2021)
18.27.020 Applicability.
This chapter applies to all new residential development, including primary dwellings, SB 9 dwelling units, an ADU, or a JADU attached to the primary dwelling, that are developed under the provisions of SB 9 in the R-E, R-1, or M-R residential zones.
(Ord. 2021-443 §5, 2021)
18.27.030 Parcel eligibility for SB 9 development.
(a) To be eligible for streamlined development under this chapter, the parcel and proposed SB 9 development must comply with the eligibility requirements set forth in (a) through (r) of Section 17.13.020 (Parcel Eligibility for SB 9 Lot Split).
(b) If a parcel has been developed in accordance with the Opt-In program, that parcel is not eligible for SB 9 development.
(c) If a parcel has been developed in accordance with SB 9, it is no longer eligible for the Opt-in program. (Ord. 2021-443 §5, 2021)
18.27.040 Application requirements.
(a) An applicant shall file an application for an SB 9 residential development on a town-approved application. As part of the application, the director of building and planning shall establish application requirements which shall be published on the town's website.
(b) Upon receipt of an application using the provisions of this chapter, the town shall notify all owners within a three-hundred-foot radius from the subject parcel that an application has been filed with the town. (c) An applicant may file concurrent applications under this chapter and Chapter 17.14 (SB 9 lot splits). (Ord. 2021-443 §5, 2021)
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