Chapter 18.02 — GENERAL PROVISIONS

The ordinance codified in this title is enacted pursuant to Section 17 of Article XI of the Constitution and the general laws of the state of California.

(Ord. 1988-229 § 1 (Exh. A) (part), 1988: Ord. 1967-80 § 1 (6100), 1967)

The zoning ordinance codified in this title is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare and for the accomplishment thereof is adopted for the following more particularly specified purposes:

A.

To guide, control and regulate the future growth and development of the town in a manner consistent with the general plan;

B.

To protect the established "rural" quality and the stability of private and public areas within the town and assure the orderly and beneficial development of such areas;

C.

To prevent overcrowding the land and prevent undue congestion of population;

D.

To maintain Portola Valley as a major open space preserve;

E.

To obviate the menace to the public safety resulting from the locating of buildings, and the use thereof, and the use of land, in such manner as to cause interference with existing or prospective traffic movements on said streets;

F.

To preserve and enhance the natural beauty of the town;

G.

To provide adequate light, air, privacy and convenience of access to property;

H.

To minimize silting of drains and drainage channels;

I.

To secure safety from fire, inundation and other danger;

J.

To protect the community against excessive storm water runoff, soil erosion, earth movement, earthquake, and other geologic hazards.

(Ord. 1967-80 § 1 (6101), 1967)

This zoning title established various districts within the town within some, all or none of which it is lawful, and within some, all or none of which it is unlawful, to erect, construct, alter, or maintain certain structures or to carry on certain trades or occupations, or to conduct certain uses of land or structures; within which the bulk of buildings shall be limited; within which certain open spaces shall be required; and consisting further of additional appropriate regulations to be enforced in such districts as set forth in this title.

(Ord. 1967-80 § 1 (6103 (A)), 1967)

In their interpretation and application, provisions of this title shall be held to be minimum requirements, except where they are expressly stated to be maximum permitted conditions. However, more restrictive requirements may be required when necessary to meet the criteria for approving any specific application. The administering body or individual shall evaluate any proposal against conditions on the site for which an application is proposed and conditions on surrounding sites to help ensure the project is compatible with the natural and manmade environment. Such evaluation may result in more restrictive requirements.

(Ord. 1995-285 § 1 Exh. A (part), 1995: Ord. 1967-80 § 1 (6103 (B)), 1967)

It is not intended to impair, or interfere with any private restrictions placed upon property by covenant or deed; provided, however, that where this title imposes greater restrictions upon the use of structures, or premises, or upon the heights of structures or requires larger yards, or other open spaces than are imposed or required by such private restrictions, the provisions of this title shall control.

(Ord. 1995-285 § 1 Exh. A (part), 1995)

Whenever any provision of this title and any other provision of law, whether set forth in this title or in any other law, ordinance, or resolution of any kind, impose overlapping or contradictory regulations over the use of land, or over the use or bulk of buildings or other structures, or contain any restrictions covering any of the same subject mater, that provision which is more restrictive or imposes higher standards or requirements shall govern.

(Ord. 1967-80 § 1 (6103 (C)), 1967)

18.02.060 - Conformance with provisions of zoning title required.

Except as otherwise provided in this title:

A.

Land or structures in any district shall hereafter be used only for the purposes listed in this title as permitted in that district and in accordance with the regulations established in this title for that district and in accordance with any conditions and requirements which may have been established in connection with the authorization of any variance or the granting of any conditional use permit.

B.

No structure shall be erected, reconstructed, relocated or structurally altered to have a greater bulk or higher proportion of parcel coverage than permissible under the limitations set forth in this title for the combining district in which the structure is located. If already greater than the maximum permitted it shall not be further increased.

C.

No planting shall hereafter be installed which is inconsistent with the provisions of this title.

D.

No open space, off-street parking space, or loading space existing or provided hereafter about any structure shall be reduced below the minimum requirement hereinafter set forth for such open space, parking space, or loading space. If already less than the minimum requirements it shall not be further reduced.

E.

No open space, off-street parking space, garage space or loading space existing or hereinafter provided for a structure or use and necessary to meet or partially meet the requirements of this title shall be considered

as providing al or part of the open space, off-street parking space, garage space, or loading space required for any other structure or use on any other parcel except as permitted in Chapter 18.60 for the joint or collective use of parking space.

F.

No parcel held under one ownership as of August 17, 1967 shall be reduced in dimension or area so as to be smaller than required by this title. If already less in dimension or area the dimension or area shall not be further reduced.

G.

No parcel created contrary to the requirements of the subdivision ordinance, or amendments thereto, shall be used for any principal use.

(Ord. 1979-166 § 5, 1979; Ord. 1969-99 § 5, 1969; Ord. 1967-80 § 1 (6106), 1967)

The provisions of this title, to the extent permitted by law, shall apply to all public bodies, districts and agencies of the federal, state, county and municipal governments.

(Ord. 1967-80 § 1 (6106.1), 1967)

The categories of uses in Sections 18.02.090 through 18.02.120 are established and defined for the purpose of providing uniform administrative procedures for issuing permits or otherwise authorizing individual uses within the several categories.

(Ord. 1967-80 § 1 (6107), 1967)

Regular principal uses are uses permitted as principal uses as a matter of right and without special authorization in the districts where so listed. The establishment of any regular principal use is subject only to the obtaining of a zoning permit and conformance to requirements of this title and such other regulations and laws as may be applicable.

(Ord. 1967-80 § 1 (6107.1), 1967)

Conditional uses are those uses which are allowed as principal uses in the districts where so authorized by the district regulations only when and if a conditional use permit is granted therefor in accordance with the procedures and requirements set forth in Chapter 18.72.

(Ord. 1967-80 § 1 (6107.4), 1967)

Accessory uses are those related secondary uses necessary or incidental, appropriate and subordinate to the operation and enjoyment of the principal use of the parcel or structure on which located in the districts where so authorized by the district regulations. No use in any district shall be permitted as an accessory use which is not qualified as set forth in this section, or which constitutes in effect a conversion of a principal use to one not permitted in that district.

(Ord. 1967-80 § 1 (6107.5), 1967)

Any use not authorized in any district by Chapters 18.10 through 18.32, 18.36 and 18.40 as a regular principal use, conditional use, or accessory use is prohibited unless and until so authorized in accordance with the procedures and requirements of Chapter 18.38.

(Ord. 1967-80 § 1 (6107.9), 1967)

CHAPTER 18.04 - DEFINITIONS

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)

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)

"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. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; Ord. 1967-80 § 1 (6102 (part)), 1967) 18.04.040 - Accessory use.

See Section 18.02.110.

(Ord. 1967-80 § 1 (6102 (part)), 1967)

"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)

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)

Editor's note— 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.

"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.

(Ord. 1967-80 § 1 (6102 (part)), 1967)

"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)

"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.

==> picture [228 x 132] intentionally omitted <==

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

"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.

==> picture [228 x 132] intentionally omitted <==

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

"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)

"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)

"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)

"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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

18.04.113 - Coverage area.

"Coverage area" is the total footprints of all buildings on-site but does not include hardscaped areas.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

18.04.120 - Development.

See Section 18.32.020.

(Ord. 1978-164 § 1 (part), 1978: Ord. 1967-80 § 1 (6102 (part)), 1967)

"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)

"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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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)

"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)

"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 multi-family 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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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 five hundred 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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; 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)

"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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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 sharing residency in a dwelling unit.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; 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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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)

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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

"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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

"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)

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)

"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)

"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)

"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)

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)

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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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 twentyfour-hour non-medical residential care and supervision to children or adults. This use category includes group homes.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; 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 - Reserved.

Editor's note— Ord. 2024-450, § 1 (Att. A), adopted June 13, 2024, repealed § 18.04.422, which pertained to second units and derived from Ord. 2017-420 § 1, adopted May 24, 2017; Ord. 2015-408 § 1, adopted Sept. 9, 2015; and Ord. 199-263 § 2, adopted in 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)

"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)

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)

A "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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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.

Figure 18.04.485: Story.

==> picture [252 x 180] intentionally omitted <==

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

18.04.490 - Structure.

"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)

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)

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 rightsof-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)

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)

Editor's note— 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, interior side.

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)

CHAPTER 18.06 - DISTRICTS

18.06.010 - Districts established.

The following classes of use districts are established:

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. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; 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

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)

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)

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)

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)

CHAPTER 18.08 - ZONING MAP

A map entitled "zoning map[1 ] for the town of Portola Valley, California," attached to the ordinance codified in this title and by reference incorporated in this title, is made a part of this title. The districts established by Chapter 18.06 and the boundaries of these districts are shown upon the map. If, in accordance with the provisions of this title, changes are made in district boundaries or other matter portrayed on the zoning map, such changes shall be made on the zoning map promptly after the amendment has been approved by the council, together with an entry on the zoning map indicating the ordinance number authorizing such change and the date upon which such change becomes effective.

(Ord. 2024-451 § 2, 2024; Ord. 2024-450 § 2, 2024; Ord. 1967-80 § 1 (6105), 1967)

Where uncertainty exists as to the boundary of any district as shown on the zoning map, the following rules shall apply:

A.

Where a boundary line is indicated as following a street, road or other right-of-way or a water course, the boundary shall be construed as following the center line thereof.

B.

Where a boundary line follows or coincides approximately with a parcel line it shall be construed as following the parcel line.

C.

In unsubdivided property or where a district boundary divides a parcel, the location of the boundary, unless indicated by dimensions on the zoning map, shall be determined by measurement at the scale appearing on the map.

D.

In case further uncertainty exists, the planning commission, upon written application, or upon its own motion, shall determine the exact location of the boundary in question.

(Ord. 1967-80 § 1 (6105.2), 1967)

CHAPTER 18.10 - 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;

G.

To permit public and private facilities needed to serve residential areas; and

H.

To permit and regulate uses and institutions requiring a location in a residential area.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; Ord. 1967-80 § 1 (6500), 1967)

CHAPTER 18.11 - REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH DISABILITIES

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)

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)

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)

A. Requests for reasonable accommodation shall be in writing and provide the following information:

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.

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)

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.

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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; 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)

CHAPTER 18.12 - R-E (RESIDENTIAL ESTATE) DISTRICT REGULATIONS

The R-E district is intended to promote and encourage the establishment and maintenance of a rural environment suitable for family living with parcels of adequate size to accommodate single-family dwellings and, where appropriate, accessory equestrian facilities. Any parcel in an R-E district as established in accordance with Section 18.06.020, may be occupied by a principal use listed in Section 18.12.020 or, when authorized by the planning commission, by a conditional use as specified in Section 18.12.030, together with uses accessory to such principal use or conditional use as listed in Section 18.12.040. Use of any parcel is subject to:

A.

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.

Off-street parking requirements set forth in Chapter 18.60;

D.

Provisions regulating nonconforming uses set forth in Chapter 18.46;

E.

Required conditions set forth in Section 18.12.050;

F.

Special building setback lines set forth in Chapter 18.58.

(Ord. 1979-166 § 20 (part), 1979; Ord. 1967-80 § 1 (6501), 1967)

18.12.020 - Principal uses permitted.

Principal uses permitted in the R-E district shall be as follows:

A.

Uses permitted by Section 18.36.010;

B.

Single-family dwellings, including residential care facilities for six or fewer persons, supportive housing, and transitional housing;

C.

Temporary uses permitted by Section 18.36.030;

D.

Public school or other public building when located in conformance with the general plan.

(Ord. 2022-448 § 4, 2022; Ord. 2011-390 § 4, 2011; Ord. 1988-229 § 1 (Exh. A)(part), 1988; Ord. 1987-224 § 1 (part), 1987: Ord. 1967-80 § 1 (6501.1), 1967)

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.

Crop and tree farming and truck gardening, including sale of products grown exclusively on the premises;

C.

Nurseries and greenhouses used only for the propagating and cultivating of plants, provided no retail sale be allowed;

D.

The following when located on an arterial or expressway as shown on the general plan:

1.

Religious institution;

2.

Private noncommercial club or recreation facility;

3.

Not used;

4.

Private or parochial elementary or secondary schools;

5.

Group living accommodations for senior citizens provided such facilities in the town shall not in total at any time provide accommodations for a greater number of occupants than the number estimated to be equivalent to the total demand generated by town residents for similar facilities, regardless of locations, during the ensuing ten-year period;

6.

Boarding stables, subject to the provisions of the stable ordinance;

7.

Nursery schools and day care centers.

E.

Residential planned unit developments as regulated by Chapters 18.44 and 18.72;

F.

On parcels of ten acres or more, two single-family dwellings may be permitted and on parcels of one hundred acres or more three single-family dwellings may be permitted, provided that in each instance it is demonstrated to the satisfaction of the planning commission that were the land to be subdivided the requirements of the subdivision title could be met with the dwellings and accessory structures in the locations approved as a part of the conditional use permit;

G.

Horticulture and grazing of cattle;

H.

Not used;

I.

Not used;

J.

Wineries which include all or any combination of the following:

1.

Growing of grapes;

2.

Importation of grapes for the purpose of establishing and sustaining a winery operated for the purpose of producing wine from grapes grown on the premises;

3.

Making of wine;

4.

Wholesale and retail trade of wine produced exclusively on the premises;

5.

Winery buildings and related structures.

K.

Publicly-owned park, recreation or open space areas when located in conformance with the general plan;

L.

Employee housing for qualified agricultural uses, as permitted under the California Employee Housing Act (Health and Safety Code Section 17000 et seq.).

(Ord. 2011-390 § 4, 2011; Ord. 1991-263 § 3, 1991; Ord. 1987-224 § 2 (part), 1987; Ord. 1981-180 § 1, 1981; Ord. 1979-166 § 20 (part), 1979; Ord. 1967-80 § 1 (6501.2), 1967)

18.12.040 - Accessory uses permitted.

Accessory uses permitted in the R-E district shall be as follows:

A.

Accessory uses, as permitted by Section 18.36.040 and Chapter 18.40.

B.

Equestrian facilities serving a single residential dwelling including stables, corrals, exercise rings, and the like, provided that (i) requirements of the stable ordinance, Chapter 6.12, shall apply, (ii) for a corral, the sum of the maximum depth of cut and maximum height of fill shall not exceed six feet and (iii) corrals and riding rings shall be set back a minimum of twenty feet from property lines.

C.

The renting of rooms and/or the providing of table board in a dwelling as an incidental use to its occupancy as a dwelling, provided that not more than one paying guest is accommodated. Provided further that this shall not be construed as authorizing the establishment of any rest home, convalescent home, boarding home, or any other institution of a type which requires any state or local license, nor any other operation which tends to change the character of the property involved or of the neighborhood.

D.

Home Occupation. The conduct of an art or profession, the offering of a service, or the handcraft manufacture of products subject to the following conditions:

1.

Such occupations shall be conducted entirely by resident occupants.

2.

The floor area used for such occupations shall not exceed that equivalent to one-fourth of the floor area of the main residence but shall not be more than four hundred square feet in any case.

3.

No products shall be sold or stocked for sale other than those finished products which are produced on the premises.

4.

There shall be no unusual external alteration of the dwelling to accommodate a home occupation, and the existence of a home occupation shall not be apparent beyond the boundaries of the parcel.

There shall be no show window, window display, or sign to attract customers or clients.

6.

There shall be no emission readily discernible at the property lines of sound, vibration, odor, electrical interference, light, dust, waste, or other properties not normally associated with residential occupancies.

7.

No motor power other than electrically operated motors shall be used in connection with a home occupation. The horsepower of any single motor shall not exceed one-half horsepower, and the total horsepower of such motors shall not exceed one horsepower.

8.

Automobile, pedestrian or truck traffic attendant to such occupations shall not be other than on an infrequent or occasional basis, and shall not be significantly in excess of the normal amount required for residential uses in the district. Vehicles or equipment of types not normally accessory to a dwelling shall not be parked or stored in any exterior location.

9.

In the case of a physician, surgeon, or dentist, the use shall be subordinate to the use of an office located elsewhere unless the practice is of such restricted nature as to involve only occasional visits by patients.

10.

The uses permitted under this subdivision shall not include a commercial photo studio, beauty parlor or barbershop, or any similar service enterprise; or a music school, dancing school, business school, or other school of any kind with organized classes or similar activity.

E.

Private swimming pools, cabanas, tennis courts, and similar recreation facilities.

F.

Private garages, carports, and parking areas.

G.

Signs as permitted and regulated by Chapter 18.40.

H.

The sale of agricultural products grown on the premises, provided that no building or structure is maintained specifically for such purposes.

I.

Household pets and domestic animals permitted by town ordinances.

J.

Emergency shelters for up to ten individuals only when located on a parcel with a conditional use for a religious institution, subject to a zoning permit. Architectural and site plan review shall be required for the design of the emergency shelter unless the shelter is located within an existing structure, but no discretionary approval shall be required. Emergency shelters shall comply with the following standards:

1.

Temporary shelter shall be available to residents for no more than sixty days. Extensions up to a total stay of one hundred eighty days may be permissible if no alternative housing is available.

2.

On-site management shall be provided during the hours of shelter operation.

3.

Emergency shelters may include common space for the exclusive use of the guests, and office and meeting space for the exclusive use of emergency shelter staff.

4.

Each shelter shall have a designated outdoor smoking area that is not visible from the street or from adjacent properties. The outdoor smoking area may be screened by vegetation.

5.

On-site parking may be provided as shared parking with the church use. If separate on-site parking is needed, the maximum amount required shall be 0.35 parking spaces per one bed plus one space per staff member on duty when guests are present.

(Ord. 2019-431, § 1, 2019; Ord. 2018-423, § 1, 2018; Ord. 2017-420, § 2, 2017; Ord. 2015-408 § 2, 2015; Ord. 2011-390 § 4, 2011; Ord. 2003-354, § 1, 2003; Ord. 2003-352,§ 1, 2003; Ord. 2001-338 § 6 (part), 2001; Ord. 1991-263 §§ 4, 5, 1991; Ord. 1988-242 § 2 (Exh. A) (part), 1988; Ord. 1979-166 § 20 (part), 1979; Ord. 1969-99 § 4, 1969; Ord. 1967-80 § 1 (6501.33), 1967)

A. All permitted structures, except single-family dwellings and structures accessory thereto, shall be approved by the architectural and site control commission.

B.

All stored vehicles, whether self-propelled or otherwise, shall be contained within a completely enclosed building or buildings, or otherwise screened from view so as, in the judgement of the architectural and site control commission, to be visually compatible with the surrounding area when viewed from nearby properties.

C.

No vehicle, whether self-propelled or otherwise, which is designed or used for human habitation shall be:

1.

Occupied for living, sleeping or cooking purposes; or

2.

Parked in any open space for more than seven days unless screened from view pursuant to subsection B of this section.

D.

Subdivisions of seven or more lots. All subdivisions consisting of seven or more lots must be developed as planned unit developments (PUDs) in accordance with Chapter 18.44 of this code.

E.

Properties identified on the flood insurance rate maps shall comply with the provisions of Chapter 18.32.

F.

Properties identified on the flood insurance rate maps shall comply with the provisions of Chapter 18.31.

G.

All recycling and trash enclosures shall conform 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. 1991-261 § 2, 1991; Ord. 1971112 § 1 (6501.4), 1967)

CHAPTER 18.14 - R-1 (SINGLE-FAMILY RESIDENTIAL) DISTRICT REGULATIONS

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 single-family 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. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; Ord. 2022-448 § 3, 2022; Ord. 2011-390 § 5, 2011; Ord. 1987-224 § 1 (part), 1987: Ord. 1967-80 § 1 (6502.1), 1967)

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;

C.

Residential planned unit developments as regulated by Chapters 18.44 and 18.72;

D.

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;

E.

Publicly-owned park, recreation or open space areas when located in conformance with the general plan;

F.

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. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; 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 Section 18.36.040 and Chapter 18.42;

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. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; Ord. 1991-263 § 6, 1991; Ord. 1967-80 § 1 (6502.3), 1967)

18.14.050 - Required conditions.

A. Required conditions in the R-1 district shall 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. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; 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)

CHAPTER 18.15 - R-MF (MULTI-FAMILY RESIDENTIAL) DISTRICT REGULATIONS

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.

Development standards set 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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

In accordance with Housing Element Law (Government Code Section 65583.2, subdivisions (h) and (i)), housing developments with a minimum density of twenty units per acre in which twenty 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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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 longterm (minimum thirty-day) rentals;

C.

Household pets permitted by town ordinances.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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.

Figure 18.15.050: Development standards—Multi-family residential zoning districts.

==> picture [276 x 223] intentionally omitted <==

Table 18.15.050: Development standards—Multi-family residential zoning districts.

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 four acres. The density, FAR, CAR, LAR, and IAR are anticipated to be calculated based on the estimated developable area.

2.

A 2.48 acre portion of The Dorothy Ford Park site (APN 77272010) (included in Table 6-6 of the 2023-2031 housing element), which shall exclude the existing little league baseball field and the adjacent surface parking lot serving the baseball field (as shown on the conceptual site plan on page 127 of the 2023-2031

housing element), shall be permitted to be developed as high density housing and that owner-occupied and rental multi-family uses are allowed by right for housing developments in which twenty percent or more of the units are affordable to lowerincome households on the specified portion of the Dorothy Ford Park site (APN 77272010).

(Ord. 2025-452 § 1, 2025; Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

Editor's note— Ord. 2025-452 § 1, adopted April 23, 2025, set out provisions intended for use as 18.15.040, note 2. For the purposes of maintaining topical consistency, and at the editor's discretion, as well as the request of the municipality, these provisions have been included as 18.15.050, note 2.

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.

Figure 18.15.060.A.1: Upper story step-backs.

==> picture [252 x 133] intentionally omitted <==

Interior Side 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 twelve 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.

Building Massing Abutting the R-E Zone. Building façades abutting and facing the R-E zone may not exceed thirty feet in width without a break of minimum six feet in depth.

Figure 18.15.060.A.2: Building massing abutting the R-E zone.

==> picture [252 x 213] intentionally omitted <==

B.

Façade Articulation and Composition.

1.

Vertical Articulation.

a.

Building façades up to sixty-five feet in length along a right-of-way must incorporate two or more of the following:

i.

Window bays a minimum two feet in depth from the building façade every twelve horizontal feet.

ii.

Recesses offset a minimum two feet in depth from the building façade every twelve horizontal feet.

iii.

Porches or decks over a minimum twenty-five percent of the façade length.

b.

When a building façade exceeds sixty-five feet in length along a right-of-way, it must be separated into façade bays no greater than fifty feet in width defined by a recess or offset a minimum of two 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 eight-foot difference.

Figure 18.15.060.B.1: Building articulation, façades over sixty-five feet.

==> picture [252 x 146] intentionally omitted <==

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 twelve 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 six feet.

b.

Depth of dooryard from door: Minimum four feet, maximum ten feet.

c.

Projection depth: Maximum six feet.

d.

Height of enclosure: Maximum three feet.

e.

Clear height to projection: Minimum eight feet, maximum twelve feet.

Figure 18.15.060.C.1: Dooryard.

==> picture [300 x 108] intentionally omitted <==

2.

Individual covered porch frontages with dimensions as indicated below:

a.

Width of porch: Minimum twelve feet.

b.

Depth of porch: Minimum eight feet.

c.

Clear height, if porch is covered: Minimum eight feet, maximum twelve feet.

Figure 18.15.060.C.2: Porch.

==> picture [300 x 110] intentionally omitted <==

3.

Individual covered stoop frontages with dimensions as indicated below:

a.

Width of stoop: Minimum five feet, maximum twelvefeet.

b.

Depth of stoop: Minimum five feet, maximum eight feet.

c.

Projection depth: Minimum five feet, maximum eight feet.

d.

Clear height to projection: Minimum eight feet.

Figure 18.15.060.C.3: Stoop.

==> picture [300 x 108] intentionally omitted <==

4.

Individual recessed frontages with dimensions as indicated below:

a.

Width of recessed entry: Minimum sixteen feet, maximum twenty-five feet.

b.

Depth of recess entry: Maximum sixteen feet.

c.

Recessed surfaces eight horizontal feet or more require at least one window or door.

Figure 18.15.060.C.4: Recess.

==> picture [301 x 112] intentionally omitted <==

D.

Roof Design.

1.

Eaves. If eaves are incorporated into the roof design, the eaves must be at least eighteen inches in depth.

2.

Dormers. The total width of a single dormer or multiple dormers shall not exceed fifty 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 one inch from the outer wall surface with trim at least two inches in width; or

b.

Recessed a minimum of three inches from the outer wall surface.

Figure 18.15.060.E.2: Window recess and trim.

==> picture [228 x 125] intentionally omitted <==

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 one-fourth inch on each side of the window.

"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 fifteen 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 (thirty-two-inch clear, typically provided with thirty-six-inch door), hallways, and alcoves with sixty by sixty-inch turning space at doors, in kitchens, and dead ends.

d.

At least one bathroom must be located on the ground level.

e.

A thirty by forty-eight-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.

Primary Building Materials. Primary shall mean fifty percent or more of a façade surface area excluding transparent surfaces. The following primary cladding materials are allowed:

a.

Stucco (minimum two-coat, twenty/thirty 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.

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.

Building Colors.

a.

A maximum of four colors shall be applied to the building façade:

i.

Primary color comprising sixty percent or more of the façade.

ii.

Secondary color comprising no more than thirty percent of the façade.

iii.

Tertiary color comprising no more than ten percent of the façade.

iv.

Accent color for use on trim and architectural details.

b.

The reflectivity value for colors shall not exceed forty percent, except that the colors for trim must not have a reflectivity value over fifty 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 material shall be permeable or pervious.

I.

Parking Configuration and Design.

1.

Location. Parking may be located in:

a.

Tuck-under individually 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 forty feet in length by twelve feet in width.

3.

Driveway Access.

a.

Driveways may not exceed twenty 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 ten units and a maximum of two driveways for developments of more than ten 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:

a.

To the greatest extent possible equipment shall be placed in wells or behind parapet walls.

b.

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;

c.

Screening shall be consistent with other on-site improvements in terms of color, material, and architectural style; and

d.

Equipment must be screened from view from adjacent public rights-of-way.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

CHAPTER 18.16 - M-R (MOUNTAINOUS RESIDENTIAL) DISTRICT REGULATIONS

18.16.010 - Intention—Applicable regulations.

The M-R district is intended to promote and encourage the establishment and maintenance of a rural environment of single-family residences at very low densities consistent with its comparative remoteness within the planning area and the preservation of the unspoiled nature of the mountainous terrain. Any parcel in an M-R district, as established in accordance with Section 18.06.020, may be occupied by a principal use listed in Section 18.16.020 or, when authorized by the planning commission, by a conditional use as specified in Section 18.16.030, together with uses accessory to such principal use or conditional use as listed in Section 18.16.040. Use of any parcel is subject to:

A.

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.

Off-street parking requirements set forth in Chapter 18.60;

D.

Provisions regulating nonconforming uses set forth in Chapter 18.46;

E.

Required conditions set forth in Section 18.12.050;

F.

Special building setback lines set forth in Chapter 18.58.

(Ord. 1979-166 § 22 (part), 1979; Ord. 1967-80 § 1 (6503), 1967)

18.16.020 - Principal uses permitted.

Principal uses permitted in the M-R district shall be as follows:

A.

Uses permitted by Section 18.36.010;

B.

Single-family dwellings, including residential care facilities for six or fewer persons, supportive housing, and transitional housing;

C.

Temporary uses permitted by Section 18.36.030.

(Ord. 2022-448 § 5, 2022; Ord. 2011-390 § 6, 2011; Ord. 1979-166 § 22 (part), 1979: Ord. 1967-80 § 1 (6503.1), 1967)

18.16.030 - Conditional uses permitted.

A. Uses permitted by subsections A, B, C, D(2), D(6), E, F, G, I, J and L of Section 18.12.030.

B.

Publicly-owned recreation or open space areas when located in conformance with the general plan.

(Ord. 2011-390 § 6, 2011; Ord. 1987-224 § 2 (part), 1987; Ord. 1981-180 § 2, 1981; Ord. 1979-166 § 22 (part), 1979: Ord. 1967-80 § 1 (6503.2), 1967)

18.16.040 - Accessory uses permitted.

Accessory uses permitted in the M-R district shall be as follows:

A.

Accessory uses as permitted in Sections 18.36.040 and Chapter 18.40;

B.

Accessory uses as permitted by subsections B, C, D, E, G, H, I, J and K of Section 18.12.040.

(Ord. 1991-263 § 7, 1991; Ord. 1979-166 § 22 (part), 1979: Ord. 1967-80 § 1 (6503.3), 1967)

Required conditions in the MR district shall be as follows:

A.

Required conditions as set forth in subsections A, B and C of Section 18.12.050;

B.

Conformance with the requirements set forth in Section 18.37.010.

(Ord. 1994-279 § 2 (part), 1994; Ord. 1979-166 § 22 (part), 1979: Ord. 1967-80 § 2 (6503.4), 1967)

CHAPTER 18.17 - STATE DENSITY BONUS LAW

The purpose of this chapter is to adopt an ordinance that specifies how Government Code Section 65915 ("State Density Bonus Law") will be implemented.

(Ord. 2014-403, § 1, 2014)

Unless otherwise specified in this chapter, the definitions found in State Density Bonus Law shall apply to the terms contained herein.

(Ord. 2014-403, § 1, 2014)

This chapter shall apply to all zoning districts where residential developments of five or more dwelling units are proposed and where the applicant agrees to provide low, very-low, senior or moderate income housing units in the threshold amounts specified in State Density Bonus Law such that the resulting density is beyond that which is permitted by the applicable zoning.

(Ord. 2014-403, § 1, 2014)

A. Any applicant requesting a density bonus, incentive(s) and/or waiver(s) pursuant to State Density Bonus Law shall provide the town with a written proposal. The proposal shall be submitted prior to or concurrently

with the filing of the planning application for the housing development and shall be processed in conjunction with the underlying application.

B.

The proposal for a density bonus, incentive(s) and/or waiver(s) pursuant to State Density Bonus Law shall include the following information:

1.

Requested Density Bonus. The density bonus proposal shall evidence that the project meets the thresholds required by State Density Bonus Law. The proposal shall include calculations showing the maximum base density, the number/percentage of affordable units and identification of the income level at which such units will be restricted, additional market rate units resulting from the density bonus allowable under State Density Bonus Law and the resulting units per acre. The density bonus units shall not be included in determining the percentage of base units that qualify a project for a density bonus pursuant to State Density Bonus Law.

2.

Requested Incentive(s). The request for particular incentive(s) shall include a pro forma or other report evidencing that the requested incentive(s) results in identifiable, financially sufficient and actual cost reductions that are necessary to make the housing units economically feasible. The report shall be sufficiently detailed to allow the town to verify its conclusions. If the town requires the services of specialized financial consultants to review and corroborate the analysis, the applicant will be liable for all costs incurred in reviewing the documentation.

3.

Requested Waiver(s). The written proposal shall include an explanation of the waiver(s) of development standards requested and why they are necessary to make the construction of the project physically possible. Any requested waiver(s) shall not exceed the density bonus percentage to which the project is entitled pursuant to State Density Bonus Law and to the extent any requested waiver exceeds such percentage, it will be considered as a request for an incentive.

4.

Fee. Payment of the filing fee in an amount set by resolution of the town council and payment of the actual costs of town staff time spent reviewing and processing the State Density Bonus Law application submitted pursuant to this chapter.

(Ord. 2014-403, § 1, 2014)

If a project involving a requested density bonus or incentive(s) would require, in the absence of the requested density bonus or incentive(s), a discretionary approval, such as a conditional use permit or planned unit development permit, the town retains discretionary review and approval authority as provided in the applicable sections of the town's municipal code.

(Ord. 2014-403, § 1, 2014)

Prior to project approval, the applicant shall enter into an affordable housing agreement with the town to the satisfaction of the town attorney guaranteeing the affordability of the rental or ownership units for a minimum of thirty years and identifying the type, size and location of each affordable unit. Such affordable housing agreement shall be recorded in the San Mateo County Recorder's Office.

(Ord. 2014-403, § 1, 2014)

Affordable units shall be of equal design and quality as the market rate units. Exteriors, including architecture and elevations, and floor plans of the affordable units shall be similar to the market rate units. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the town building official. The number of bedrooms in the affordable units shall be consistent with the mix of market rate units.

(Ord. 2014-403, § 1, 2014)

Prior to issuance of the first building permit for the project, the developer shall provide, subject to town planner approval, a development schedule that indicates when the affordable units will be constructed. The affordable units shall built as early as possible and prior to completion of the market rate units. In no case may the last market rate unit pass final inspection before the last affordable unit has passed final inspection.

(Ord. 2014-403, § 1, 2014)