Chapter 18.18 — COMMERCIAL DISTRICTS

Two classes of commercial districts, C-C and A-P are established in order to:

A.

Provide space for the types of commercial activity needed to serve the people of the town;

B.

Contribute to the effectuation of the general plan by designating appropriate classes of commercial areas so that appropriate types of commercial activity may have a suitable location;

C.

Permit the establishment of commercial uses in locations suitable both to individual enterprises and the town;

D.

Preserve and enhance property values and promote the constructive improvement and orderly growth of the existing commercial centers;

E.

Prevent indiscriminate mixture of commercial activity within commercial areas and the scattering of commercial uses in the residential districts.

(Ord. 1967-80 § 1 (6600), 1967)

CHAPTER 18.20 - C-C (COMMUNITY COMMERCIAL) DISTRICT REGULATIONS

The district is intended to provide space for local retail and consumer service businesses and professional services necessary to serve primarily the town and its spheres of influence under conditions compatible with location within residential neighborhoods and in close proximity to residential uses. Any parcel in a C- C district may be occupied by a principal use listed in Section 18.20.020 or, when authorized by the planning commission, by a conditional use listed in Section 18.20.030 together with uses accessory to such principal use or conditional use as specified in Section 18.20.040. Use of any parcel is subject to:

A.

The provisions governing accessory uses set forth in Chapter 18.42;

B.

Parcel area, open area, impervious surface and landscaping, and bulk requirements set forth in Chapters 18.42 and 18.48 through 18.56;

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 18.20.050;

F.

Special building setback lines set forth in Chapter 18.58.

(Ord. 1990-250 § 2 (Exh. A) (part), 1990: Ord. 1979-166 § 23 (part), 1979; Ord. 1967-80 § 1 (6601), 1967)

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

A.

Uses permitted by Section 18.36.010;

B.

Temporary uses permitted by Section 18.36.030;

C.

Publicly-owned parks, public schools, or other public buildings when located in conformance with the general plan;

D.

Any other use which is determined by the commission, as provided in Chapter 18.38, to be of the same character as the other uses permitted by this section.

(Ord. 1979-166 § 23 (part), 1979; Ord. 1967-80 § 1 (6601.1), 1967)

The uses listed in this section 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.

Commercial planned unit developments as regulated by Chapter 18.44 and 18.72, provided any such development conforms to the floor area limitations of Section 18.54.052;

C.

The following convenience goods and consumer service establishments, provided any such establishment conforms to the floor area limitations of Section 18.54.052:

1.

Apparel shops;

Automobile service stations for only the sale of gasoline, oil, and new accessories, and services including washing, lubrication, installation of accessories, motor tune-ups, and minor automotive repairs. Used tires accepted in trade on the premises may be resold;

3.

Bakeries, including baking for sale on premises only;

4.

Banks, including drive-in facilities;

5.

Barbershops;

6.

Beauty shops;

7.

Drug stores;

8.

Eating and drinking places except drive-ins and except establishments with entertainment and dancing;

Food stores;

Garment pressing, repair, and alteration;

11.

Gift shop;

Hardware stores;

13.

Laundromats and self-service dry cleaning establishments;

Laundry and dry cleaning pick-up stations;

Liquor stores, package only;

16.

Nurseries for the propagation and/or sale of plants, shrubs, and trees;

17.

Saddlery;

18.

Shoe repair;

19.

Variety stores, limited price.

D.

Business offices and professional offices that meet the domestic needs for the residents of the town and its spheres of influence or that provide services to other businesses or institutions in the town or its sphere of influence meeting such domestic needs. All office uses are subject to the limitations of Sections 18.20.050 and the floor area limitations of Section 18.54.052. When approving an office use, the conditional use permit shall expressly indicate, as specifically as possible, the type of office use being permitted, such as the type of medical practice or type of legal practice;

E.

Educational, cultural, institutional, and recreational uses such as churches, nursery schools, private clubs, or recreational facilities;

F.

Existing single-family dwellings as interim uses for periods of time approved by the planning commission, such periods to be the time estimated until the property will be needed for nonresidential uses permitted by this section;

G.

Personal offices pursuant to the following provisions:

1.

Personal offices as defined and treated in this section are established as a separate type of use.

2.

Personal offices shall be no larger than three hundred fifty square feet, no less than one hundred fifty square feet and shall be occupied by no more than two persons; however, the ratio of occupants to floor area shall not exceed one person per two hundred square feet of floor area on a cumulative basis. If parking is provided in excess of one space per two hundred square feet of floor area up to one space per one hundred fifty square feet of floor area, the ratio of occupants to floor area may be the same as the ratio of parking spaces to floor area.

3.

At the time a conditional use permit is issued for personal offices, the permit shall indicate which offices are so designated and may not be altered without the approval of the planning commission, but such determination need not be subject to a public hearing.

4.

The total floor area approved for all personal offices in the town in the C-C and A-P districts combined shall not exceed five thousand square feet.

5.

A zoning permit shall be applied for and approved prior to occupancy of a personal office which will verify compliance with the foregoing provisions. Annually thereafter, concurrent with the issuance and renewal of business licenses for personal offices, information shall be submitted by the occupant of the personal office which verifies compliance with the foregoing provisions. A fee may be charged by the town for the processing of such annual compliance information.

6.

If a business conducted in personal offices meets the test that the majority of the business serves the town and its spheres of influence, it is subject to the provisions of this ordinance that pertain to offices in general except that it must in addition conform to subsections G.1. through 5. above.

7.

If the primary occupant of a personal office is a resident of the town or its spheres of influence, the provision of such space is deemed to meet the criteria of serving primarily the town and its spheres of influence. In such a case, the occupant may conduct a personal business which need not meet the test of serving primarily the town and its spheres of influence. Such a business, however, shall not attract other than occasional traffic by other than the occupants and shall be separate from other businesses conducted in personal offices.

H.

Residential care facilities for seven or more individuals;

I.

Any other use which is determined by the commission, as provided in Chapter 18.38, to be of the same character as other uses permitted by this section, provided that a use found to be of the same character as

another use must meet the floor area limitations of that use as set forth in Section 18.54.052.

(Ord. 2011-390 § 7, 2011; Ord. 1990-250 § 2 (Exh. A) (part), 1990; Ord. 1980-177 § 1, 1980; Ord. 1979-166 § 23 (part), 1979; Ord. 1967-80 § 1 (6601.2), 1967; Ord. 2001-337 § 1 (part), 2001)

18.20.040 - Accessory uses permitted.

Accessory uses permitted in the C-C zone shall be as follows:

A.

Uses permitted by Section 18.36.040;

B.

Parking lot for passenger vehicles;

C.

Signs as permitted and regulated by Chapter 18.40;

D.

Off-street loading spaces.

(Ord. 1967-80 § 1 (6601.3), 1967)

18.20.050 - Required conditions.

A. All uses and structures, other than accessory buildings, shall be subject to site plan and architectural approval by the architectural and site control commission as provided in Chapter 18.64.

B.

All uses shall be conducted within completely enclosed buildings except for:

1.

Delivery of fuel, lubricants, and minor incidental servicing of vehicles at service stations;

2.

Parking and loading spaces;

3.

Outdoor dining areas;

4.

Recreation facilities;

Public utility electric substations;

6.

Nurseries for propagation and sale of trees, plants and shrubs.

C.

Processing, packaging, treating and incidental storage related thereto shall be in the same line of merchandise or service as the retail or service business conducted on the premises, and the maximum percent of gross floor area occupied by the business to be devoted to such activities shall not exceed fifty percent and there shall be no more than three employees engaged in such activities.

D.

Development on parcels in excess of twenty thousand square feet shall be applied for as planned unit developments.

E.

Amusement devices shall be permitted as accessory uses only when specifically set forth in an approved conditional use permit. Conditional use permits containing such accessory uses may be approved only for a specific applicant and such use permits are nontransferable.

F.

During hours when an establishment is not open for business, only security lighting shall be allowed. Such lighting, both inside and outside, shall be of the minimum amount and the intensity to achieve its intended purpose.

G.

The total net floor area devoted to office uses on any parcel shall not exceed fifteen percent of the net floor area of all uses on such parcel. When an application is for a conditional use permit, the planning commission may allow the net floor area devoted to office uses to be increased up to but not exceed fifty percent of the total net floor area. An increase above fifteen percent may be authorized when the planning commission finds that the larger percentage will allow the development to be more compatible with the site conditions and surrounding the development that could otherwise be achieved and will not unduly jeopardize the space anticipated to be required for commercial uses in the town. "Net floor area" is defined in Section 18.54.050.

H.

Properties identified on the Flood Insurance Rate Maps shall comply with the provisions of Chapter 18.32.

I.

Properties with historic resources as identified in the historic element of the general plan shall comply with the provisions of Chapter 18.31.

J.

All recycling and trash enclosures shall conform with the requirements set forth in Section 18.37.010.

(Ord. 1995-282 § 1 Exh. A (part), 1995; Ord. 1994-279 § 2 (part), 1994; Ord. 1994-276 § 4 Exh. A (part), 1994; Ord. 1992-269 § 1, 1992: Ord. 1980-177 § 2, 1980; Ord. 1976-149 § 5, 1976: Ord. 1969-99 § 3, 1969; Ord. 1967-80 § 1 (6601.4), 1967).

CHAPTER 18.22 - A-P (ADMINISTRATIVE-PROFESSIONAL) DISTRICT REGULATIONS

This class of district is intended to provide space for the development and operation of administrative and professional offices and related uses, serving primarily the town and its spheres of influence, in locations served by major trafficways in close proximity to commercial areas and where such administrative and professional office uses can be developed and maintained without adversely affecting nearby residential uses. Any parcel in an A-P district may be occupied by a principal use listed in Section 18.22.020 or, when authorized by the planning commission, by a conditional use listed in Section 18.22.030 together with uses accessory to such principal use of conditional use as are specified in Section 18.22.050. Use of any parcel is subject to:

A.

The provisions governing accessory uses set forth in Chapter 18.42;

B.

Parcel area, open space, and bulk requirements 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;

Principal permitted uses in the A-P district shall be as follows:

A.

Uses permitted by Section 18.36.010;

B.

Uses permitted by Section 18.14.;

C.

Publicly-owned parks, public schools, or other public buildings when located in conformance with the general plan;

D.

Any other use which is determined by the commission, as provided in Chapter 18.38, to be of the same character as the other uses permitted by this section.

(Ord. 1967-80 § 1 (6602.1), 1967)

18.22.030 - Conditional uses permitted.

Conditional uses permitted in the A-P district shall be as follows:

A.

Uses permitted by Section 18.36.020;

B.

Administrative-professional planned unit developments as regulated by Chapters 18.44 and 18.72, provided any such development conforms to the floor area limitations of Section 18.54.052;

C.

Administrative and professional offices that meet the domestic needs of the residents of the town and its spheres of influence or which provide services to other businesses or institutions in the town or its spheres of influence meeting domestic needs, provided any such establishment conforms to the floor area limitations of Section 18.54.052;

D.

Medical and dental clinics, provided any such clinic conforms to the floor area limitations of Section 18.54.052;

E.

Physical therapy and fitness training, provided any such use conforms to the floor area limitations of Section 18.54.052;

F.

Veterinary clinics, provided any such clinic conforms to the floor area limitations of Section 18.54.052;

G.

Real estate and insurance offices, provided any such office conforms to the floor area limitations of Section 18.54.052;

H.

Convenience goods and consumer service establishments permitted by Sections 18.20.030C.1. and 3. through 19., subject to the requirements of Section 18.22.050C., and provided any such establishment conforms to the floor area limitations of Section 18.54.052;

I.

Uses permitted by Section 18.20.030G.;

J.

Residential care facilities for seven or more individuals;

K.

Any other use which is determined by the commission, as provided in Chapter 18.38, to be of the same character as other uses permitted by this section, provided that a use found to be of the same character as another use must meet the floor area limitations of that use as set forth in Section 18.54.052.

(Ord. 2011-390 § 8, 2011; Ord. 1990-250 § 2 (Exh. A) (part). 1990; Ord. 1979-166 § 24 (part), 1979; Ord. 1967-80 § 1 (6602.2), 1967; Ord. 2001-337 § 2 (part), 2001)

18.22.040 - Accessory uses permitted.

Accessory uses permitted in the A-P district shall be as follows:

A.

Accessory uses as permitted by Section 18.36.040;

B.

Signs as permitted and regulated by Chapter 18.40.

(Ord. 1967-80 § 1 (6602.3), 1967)

18.22.050 - Required conditions.

A. All uses and structures are subject to site plan and architectural approval as provided in Chapter 18.64.

B.

During hours when an establishment is not open for business, only security lighting shall be allowed. Such lighting, both inside and outside, shall be of the minimum amount and intensity to achieve its intended purpose.

C.

Convenience goods and consumer service establishments are permitted when the subject parcel abuts a community commercial (C-C) district and only when established as part of a planned unit development. The

total net floor area devoted to convenience goods and consumer service establishments shall not exceed thirty percent of the total net floor area of all uses on such parcel. Net floor area is defined in Section 18.54.050.

D.

Properties identified on the Flood Insurance Rate Maps shall comply with the provisions of Chapter 18.32.

E.

Properties with historic resources as identified in the historic element of the general plan shall comply with the provisions of Chapter 18.31.

F.

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. 1990-250 § 2 (Exh. A) (part), 1990; Ord. 1976-149 § 6, 1976; Ord. 1967-80 § 1 (6602.4), 1967)

CHAPTER 18.23 - M-U (MIXED-USE) DISTRICT REGULATIONS

This class of district is intended to provide a mix of multi-family residential uses and space for local retail, consumer service businesses, and professional services necessary to serve primarily the town and its spheres of influence. Any parcel in an M-U district may be occupied by a principal use listed in Section 18.23.020 or, when authorized by the planning commission, by a conditional use listed in Section 18.23.030 together with uses accessory to such principal use or conditional use as specified in Section 18.23.040. Use of any parcel is subject to:

A.

Development standards set forth in Section 18.23.050;

B.

Design standards set forth in Section 18.23.060;

C.

The required conditions set forth in Section 18.23.070;

D.

The provisions governing accessory uses set forth in Chapter 18.42;

E.

The provisions regulating fences set forth in Chapter 18.43;

F.

The provisions regulating nonconforming uses set forth in Chapter 18.46;

G.

Yards, building bulk, and site design requirements set forth in Chapters 18.52 through 18.56;

H.

Special building setback lines set forth in Chapter 18.58; and

I.

The off-street parking requirements set forth in Chapter 18.60.

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

18.23.020 - Principal uses permitted.

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

A.

Uses permitted by Section 18.36.010;

B.

Single-family dwellings;

C.

Duplexes;

D.

Emergency shelters;

E.

Multi-family dwelling;

F.

Residential care facilities;

G.

Supportive housing;

H.

Transitional housing;

I.

Low barrier navigation centers;

J.

Publicly-owned parks, public schools, or other public buildings when located in conformance with the general plan;

K.

Temporary uses permitted by Section 18.36.030; and

L.

Any other use which is determined by the commission, as provided in Chapter 18.38, to be of the same character as the other uses permitted by this section.

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

The uses listed in this section shall be permitted only when a conditional use permit is granted as provided in Chapter 18.72:

A.

Uses permitted by Section 18.36.020;

B.

Administrative-professional planned unit developments as regulated by Chapters 18.44 and 18.72, provided any such development conforms to the floor area limitations of Section 18.54.052;

C.

Administrative and professional offices that meet the domestic needs of the residents of the town and its spheres of influence or which provide services to other businesses or institutions in the town or its spheres of influence meeting domestic needs, provided any such establishment conforms to the floor area limitations of Section 18.54.052;

D.

Medical and dental clinics, provided any such clinic conforms to the floor area limitations of Section 18.54.052;

E.

Physical therapy and fitness training, provided any such use conforms to the floor area limitations of Section 18.54.052;

F.

Veterinary clinics, provided any such clinic conforms to the floor area limitations of Section 18.54.052;

G.

Real estate and insurance offices, provided any such office conforms to the floor area limitations of Section 18.54.052;

H.

Uses permitted by Section 18.20.030.G; and

I.

Any other use which is determined by the commission, as provided in Chapter 18.38, to be of the same character as other uses permitted by this section, provided that a use found to be of the same character as another use must meet the floor area limitations of that use as set forth in Section 18.54.052.

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

18.23.040 - Accessory uses permitted.

Accessory uses permitted in the M-U zone shall be as follows:

A.

Accessory uses as permitted in Sections 18.36.040 and Chapter 18.42;

B.

Parking lot for passenger vehicles;

C.

Off-street loading spaces;

D.

Accessory uses permitted by subsections B, D, E, F, G, H, I, and J of Section 18.12.040; and

E.

Household pets permitted by town ordinances.

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

Table 18.23.050, Development standards—Mixed-use zoning district, establishes the development standards for the mixed-use zoning districts. The numbers in each illustration refer to corresponding regulations in the table that follows.

Figure 18.23.050: Development standards—Mixed-use zoning district.

==> picture [300 x 233] intentionally omitted <==

Table 18.23.050: Development standards—Mixed-use district.

Notes:

1.

Development standards for 4394 Alpine Road may vary as established by the supportive housing overlay in the town of Portola Valley 2023-2031 Housing Element. See Housing Element Section 6, Adequate sites for specific standards.

2.

Development standards for 4370 Alpine Road are supplemented as set forth in the Town of Portola Valley 2023-2031 Housing Element. See Housing Element Section 6, Adequate sites for any additional specific standards.

3.

Building height on 4370 Alpine Road is limited to one story within fifty feet of the property line along Nathhorst Avenue.

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

A. Residential Building Design. The design standards of Sections 18.15.060.A through G, with the exception of the daylight plane standards of Section 18.15.060.A, which are modified per 18.23.060.B, apply to the following:

1.

All residential buildings in the M-U district; and

2.

All upper-story portions of residential mixed-use buildings in the M-U district.

B.

Interior Side Daylight Plane. The building envelope must fit within a plane which starts at the natural ground surface at the property line and increases in height at a ratio of two vertical units to one horizontal unit

away from the property line.

C.

Site Design. The design standards of Sections 18.15.060.H through K apply to all development in the M-U district.

D.

Non-Residential Ground Floor Transparency. A minimum forty percent of ground floor street-facing nonresidential facades between two-point-five and six feet in height shall be transparent window surfaces with no more than a five percent tint. Mirrored windows are not allowed.

Figure 18.23.060.D: Ground floor transparency.

==> picture [252 x 81] intentionally omitted <==

E.

Entry Separation. Any shared or individual entrance to residential units must be a minimum of twelve horizontal feet from any entrances to non-residential uses.

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

A. All non-residential uses and structures, other than accessory buildings, shall be subject to site plan and architectural approval by the architectural and site control commission as provided in Chapter 18.64.

B.

Required conditions as stipulated by subsections A, B and C of Section 18.12.050;

C.

Conformance with the requirements set forth in Section 18.37.010.

D.

All uses shall be conducted within completely enclosed buildings except for:

1.

Delivery of fuel, lubricants, and minor incidental servicing of vehicles at service stations;

2.

Parking and loading spaces;

3.

Outdoor dining areas;

4.

Recreation facilities;

5.

Public utility electric substations; and

6.

Nurseries for propagation and sale of trees, plants, and shrubs.

E.

Processing, packaging, treating, and the incidental storage related thereto shall be in the same line of merchandise or service as the retail or service business conducted on the premises. The gross floor area occupied by the business to be devoted to such activities shall not exceed fifty percent and there shall be no more than three employees engaged in such activities.

F.

Amusement devices shall be permitted as accessory uses only when specifically set forth in an approved conditional use permit. Conditional use permits containing such accessory uses may be approved only for a specific applicant and such use permits are nontransferable.

G.

During hours when an establishment is not open for business, only security lighting shall be allowed. Such lighting, both inside and outside, shall be of the minimum amount and the intensity to achieve its intended purpose.

H.

The total net floor area devoted to office uses on any parcel shall not exceed fifteen percent of the net floor area of all uses on such parcel. When an application is for a conditional use permit, the planning commission may allow the net floor area devoted to office uses to be increased up to but not exceed fifty percent of the total net floor area. An increase above fifteen percent may be authorized when the planning commission finds that the larger percentage will allow the development to be more compatible with the site conditions and surrounding the development that could otherwise be achieved and will not unduly jeopardize the space anticipated to be required for commercial uses in the town. "Net floor area" is defined in Section 18.54.050.

I.

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

J.

Properties with historic resources as identified in the historic element of the general plan shall comply with the provisions of Chapter 18.31.

K.

This zoning district permits one hundred percent residential projects with no commercial component. Where the whole site is redeveloped, at least fifty percent of the floor area of development must be residential. Any non-residential development shall include a residential component at the minimum density specified in Table 18.23.050.

(Ord. 2025-453, § 1, 4-23-2025; Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024)

CHAPTER 18.24 - SPECIAL DISTRICTS

The classes of districts included in this chapter and Chapters 18.26 through 18.32 include the O-A district, the P-C district, the D-R district, the H-R district and the F-P district.

(Ord. 1994-276 § 4 Exh. A (part), 1994: Ord. 1978-164 § 3, 1978: Ord. 1967-80 § 1 (6400), 1967)

CHAPTER 18.26 - O-A (OPEN AREA) DISTRICT REGULATIONS

The purpose of this class of district is to protect the open quality and preserve the natural characteristics and scenic qualities of lands in visually important locations and in accordance with the Portola Valley general plan. Any parcel in an O-A district, as established by Section 18.06.010, may be occupied by a principal use listed in Section 18.26.020 or, when authorized by the planning commission, by a conditional use listed in Section 18.26.030, together with uses accessory to such principal use or conditional use, as specified in Section 18.26.040. Use of any parcel is subject to:

A.

The provisions governing accessory uses set forth in Chapter 18.42;

B.

Parcel area, open space and bulk requirements 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 18.26.050;

F.

Special building setback lines set forth in Chapter 18.58.

(Ord. 1967-80 § 1 (6401), 1967)

18.26.020 - Principal uses permitted.

Principal uses permitted in the O-A district shall be as follows:

A.

Uses permitted by Section 18.36.010;

B.

Agricultural uses including horticulture, grazing, minor shelters for stock and equipment, but not including uses listed under Section 18.26.030 unless such uses are authorized by conditional use permit;

C.

Public parks and open spaces in conformance with the general plan;

D.

Temporary uses permitted by Section 18.36.020;

E.

Any other use which is determined by the planning commission, as provided in Chapter 18.38, to be of the same general character as the above permitted uses.

(Ord. 1967-80 § 1 (6401.1), 1967)

The following uses are 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.

Barns and agricultural equipment storage sheds exceeding one story in height;

C.

Private and commercial recreation uses and buildings;

D.

Residential uses as provided for in the residential and combining districts shown in parentheses in association with the O-A designation on the zoning map, subject to a height limit of twenty-six feet, and when developed as a residential planned unit development;

E.

Employee housing for qualified agricultural uses as set forth in California Health and Safety Code Section 17021.6;

F.

Any other use which is determined by the planning commission, as provided in Chapter 18.38, to be of the same general character as the above permitted uses.

(Ord. 2011-390 § 9, 2011; Ord. 1981-181 § 5, 1981; Ord. 1967-80 § 1 (6401.2), 1967)

18.26.040 - Accessory uses permitted.

Accessory uses permitted in the O-A district shall be as follows:

A.

Uses permitted by Section 18.36.030;

B.

Signs as provided for in Chapter 18.40.

(Ord. 1967-80 § 1 (6401.3), 1967)

18.26.050 - Required conditions.

A. All uses and structures shall be subject to architectural and site control commission approval as provided in Chapter 18.64.

B.

All uses and activities conducted in the O-A district shall be consistent with the purpose of the district, and the following uses and activities are prohibited unless specifically authorized by the architectural and site control commission as part of a building or site development project:

1.

Removal of vegetation, other than poison oak, from more than five percent of the area of any parcel;

Removal of living trees with a trunk having a circumference of over twelve inches measured four feet above the surface of the ground;

3.

Excavation or filling or any combination thereof totalling in excess of twenty-five cubic yards on any parcel;

4.

Disturbance of the surface of the ground exceeding five percent of the area of any parcel;

Dumping of refuse.

C.

Properties identified on the Flood Insurance Rate Maps shall comply with the provisions of Chapter 18.32.

D.

Properties with historic resources as identified in the historic element of the general plan shall comply with the provisions of Chapter 18.31.

E.

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. 1979-166 § 18, 1979; Ord. 1967-80 § 1 (6401.4), 1967)

CHAPTER 18.27 - STANDARDS FOR SB 9 RESIDENTIAL DEVELOPMENT

The purpose of this chapter is to implement Senate Bill No. 9 (2021) ("SB 9") and to establish objective standards and regulations to govern the development of qualified Senate Bill 9 subdivisions and development projects on single family residential zoned properties within the Town of Portola Valley. The establishment of these regulations will result in the orderly subdivision and development of qualified SB 9 projects while ensuring that the new units are consistent with the rural character of the town and do not create any significant impacts with regards to fire and geologic safety, public infrastructure and public safety. This chapter shall be implemented and interpreted in conjunction with California Government Code Sections 65852.21 and 66411.7 and Chapter 17.13 (SB 9 Lot Splits).

(Ord. 2021-443 §5, 2021)

This chapter applies to all new residential development, including primary dwellings, SB 9 dwelling units, an ADU, or a JADU attached to the primary dwelling, that are developed under the provisions of SB 9 in the R-

E, R-1, or M-R residential zones.

(Ord. 2021-443 §5, 2021)

18.27.030 - Parcel eligibility for SB 9 development.

(a) To be eligible for streamlined development under this chapter, the parcel and proposed SB 9 development must comply with the eligibility requirements set forth in subsections (a)—(r) of Section 17.13.020 (Parcel eligibility for SB 9 lot split).

(b)

If a parcel has been developed in accordance with the Opt-In program, that parcel is not eligible for SB 9 development.

(c)

If a parcel has been developed in accordance with SB 9, it is no longer eligible for the opt-in program.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; Ord. 2021-443 §5, 2021)

(a) An applicant shall file an application for an SB 9 residential development on a town-approved application. As part of the application, the director of building and planning shall establish application requirements which shall be published on the town's website.

(b)

Upon receipt of an application using the provisions of this chapter, the town shall notify all owners within a three-hundred-foot radius from the subject parcel that an application has been filed with the town.

(c)

An applicant may file concurrent applications under this chapter and Chapter 17.14 (SB 9 lot splits).

(Ord. 2021-443 §5, 2021)

(a) Number of Units. A lot developed under this chapter may contain no more than four total residential dwelling units. These units shall be limited to the following:

(1)

On a lot that is not split pursuant to Government Code Section 66411.7 and Chapter 17.13 (SB 9 Lot Splits) and for which an existing primary residential dwelling unit is retained: one existing primary residential dwelling unit, one new primary residential dwelling unit, one accessory dwelling unit, and one junior accessory dwelling unit, for four units in total.

(2)

On a lot that is not split pursuant to Government Code Section 66411.7 and Chapter 17.13 (SB 9 Lot Splits) and for which an existing primary dwelling unit does not exist or is demolished or reconstructed: two new primary residential dwelling units, one accessory dwelling unit, and one junior accessory dwelling unit, for four units in total.

(3)

On a resultant lot that was split pursuant to Government Code Section 66411.7 and Chapter 17.13 (SB 9 Lot Splits): not more than two SB 9 units per lot for a total of four residential dwelling units on the two new lots. Such SB 9 units may consist of existing units, but in no event may the number of units exceed two units per lot for a maximum of four total. In lieu of two new primary residential dwelling units, an applicant may propose one new primary residential dwelling unit together with either a new accessory dwelling unit or a new junior accessory dwelling unit, provided that the applicant submits a written statement with the application for the housing development project indicating the applicant's understanding that providing the accessory dwelling unit or junior accessory dwelling unit will prevent the applicant from constructing a second primary residential dwelling unit in the future.

It is the intent of this provision that not more than four units may be constructed per original lot.

(b)

Floor Area. The maximum floor area of an SB 9 unit shall be:

(1)

Eight hundred and fifty square feet for SB 9 units with up to one bedroom or one thousand square feet for SB 9 units with more than one bedroom where the SB 9 unit does not comply with the setbacks of the base zoning district and special setbacks applicable to the parcel.

(2)

Twelve hundred square feet for SB 9 units that comply with the setbacks of the base zoning district and special setbacks applicable to the parcel, on parcels smaller than 3.5 acres in size. The parcel owner utilizing this incentive shall record a deed restriction in a form approved by the town attorney stipulating that no further subdivision of the parcel is permitted.

(3)

Fifteen hundred square feet for SB 9 units that comply with the setbacks of the base zoning district and special setbacks applicable to the parcel on resulting SB 9 parcels 3.5 acres or larger in size. The parcel owner utilizing this incentive shall record a deed restriction in a form approved by the town attorney stipulating that no further subdivision of the parcel is permitted.

(4)

Any development or design standards that physically precludes an SB 9 dwelling unit from being eight hundred square feet in floor area shall be waived or modified by the planning and building director upon applicant's submittal of a feasibility study demonstrating that application of such standard does not allow

for an eight hundred square foot SB 9 unit. This shall not include standards which would result in adverse impacts to public health or safety or the physical environment.

(5)

Any applicant desiring to build more than the maximum size specified in this section shall be subject to the town's regular zoning and design review process.

(Ord. 2021-443 §5, 2021)

18.27.060 - SB 9 Development Standards.

(a) Adjusted Maximum Floor Area or AMFA. The maximum allowed floor area for a SB 9 parcel created under Chapter 17.13 shall be calculated as provided by this Zoning Code using the resulting parcel's size, slope, mapped ground movement potential, and mapped flooding potential. If there is an existing residential unit on a resulting parcel that exceeds the AMFA or if the calculated AMFA cannot accommodate two SB 9 units of eight hundred square feet each, the Director of Planning and Building may increase the AMFA for that parcel accordingly.

(b)

Front Yard Setback. Any new SB 9 dwelling unit shall comply with underlying front yard zoning code setback applicable to the parcel. However, no setback is required for a new SB 9 dwelling unit constructed in the same location as an existing structure on the parcel.

(c)

Side and Rear Setbacks. The minimum side and rear setback for any new SB 9 dwelling unit shall be four feet from the side and rear parcel lines. However, no setback is required for a new SB 9 dwelling unit constructed in the same location as an existing structure on the parcel.

(d)

Additional Restrictions for SB 9 Units not Complying with Local Setbacks.

(1)

Fire Safety Checklist. Any new SB 9 dwelling unit which does not comply with the setbacks of the base zoning district governing the parcel shall comply with the Town of Portola Valley Fire Safety Checklist adopted by resolution of the town council on August 11, 2021, and as updated from time to time. The checklist shall contain requirements for SB 9 construction methods and materials, defensible space and vegetation management. Such checklist requirements shall be additive to other applicable building and safety requirements.

(2)

Development Restrictions. Any new SB 9 dwelling unit that does not comply with the underlying local zoning setbacks governing the parcel is subject to the following additional restrictions: i) on sides of the structure within the required setback(s) there may be no exterior lighting, no egress windows or doors, and

no portion of the windows and/or skylights shall be above nine feet in height ii) windows in required setbacks must consist of obscured glass to promote privacy between neighbors; iii) the SB 9 unit may not have a second driveway; iv) the SB 9 unit may not have any associated improvements/amenities such as a patio, deck, pool, fire pit, trellis, or sauna; v) no basement shall be permitted; vi) fire safe landscape screening must be planted and maintained to minimize the visual impact to the neighbors. These restrictions shall not apply to any new SB 9 dwelling unit which complies with the local zoning setbacks governing the parcel.

(e)

Height. The maximum height for any type of SB 9 unit shall be:

(1)

Sixteen feet vertical height and sixteen feet maximum height for a SB 9 unit where the setbacks are less than those of the base zoning district.

(2)

Eighteen feet vertical height and twenty-four feet maximum height where the setbacks comply with those of the base zoning district. This includes daylight planes, where applicable.

(f)

Parking. One off-street parking space is required for each SB 9 unit, except that no parking requirement is required in either of the following instances:

(1)

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

(2)

There is a car share vehicle located within one block of the parcel.

(g)

Driveway Access. Driveway access to all new units shall be compliant with the Woodside Fire Protection District standard details and specifications for driveways and turnarounds.

(h)

Basements. Space which meets the definition of a basement (Section 18.04.065) shall not be included in AMFA calculations. However, basements shall be included in floor area maximums set forth in Section 18.27.050(b). Basements located under an SB 9 unit that do not have internal access to the SB 9 unit are discouraged and shall be counted towards AMFA calculations.

(i)

Other Development Standards. All objective standards of the underlying zoning district shall apply. If such zoning district standards conflict with the standards in this chapter, the standards in this chapter shall control.

(j)

Utilities.

(1)

All newly created dwelling units shall be connected to public sewer or provide a private wastewater system that is fully contained within the parcel boundaries.

(2)

Utilities shall be required to be placed underground, as described in Section 18.36.010.B of the Code.

(k)

Rental Restrictions.

(1)

Any rental of a SB 9 dwelling unit shall be for a term longer than thirty days.

(2)

An SB 9 dwelling unit may be rented separately from the primary dwelling unit.

(l)

Land Use. Land uses of any units created under this chapter are limited to residential uses.

(m)

Impact Fees. Development projects pursuant to this section shall be subject to all impact or development fees related to the development of a new dwelling unit.

(Ord. 2021-443 §5, 2021)

18.27.070 - Objective building and design requirements for all SB 9 dwelling units.

All SB 9 dwelling units shall be reviewed and approved without discretionary review or a hearing. Any new SB 9 unit shall comply with the following objective requirements:

(a)

SB 9 units must comply with applicable building code requirements, including fire sprinkler requirements, unless a modification or waiver of the fire sprinkler requirement is approved by the fire marshal.

(b)

SB 9 units must comply with the town's home hardening ordinance codified in Chapter 15.04 of the Code.

(c)

SB 9 units must comply with the town's SB 9 objective standards checklist as adopted by resolution by the town council and amended from time to time.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; Ord. 2021-443 §5, 2021)

18.27.080 - Permit review process.

(a) Upon receipt of a SB 9 residential development application using the provisions of this chapter, the town shall notify all owners within a three-hundred-foot radius from the subject parcel that an application has been filed with the town.

(b)

All applications for SB 9 residential development shall be ministerially acted on by the planning and building director or designee without public hearings or discretionary review.

(c)

If the application complies with all applicable objective requirements, the planning and building director shall approve the application.

(d)

An application for an SB 9 lot split may be denied if:

(1)

The planning and building director determines the application does not comply with all applicable objective requirements.

(2)

The building official makes written findings, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact, as defined in California Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. 2021-443 §5, 2021)

The director of building and planning shall have the authority to develop applications and forms and adopt regulations to implement this chapter.

(Ord. 2021-443 §5, 2021)

The town council may establish and set by resolution all fees and charges, consistent with Government Code Sections 65852.2 and 65852.22, and related provisions, as may be necessary to effectuate the purpose of this article.

(Ord. 2021-443 §5, 2021)

CHAPTER 18.28 - P-C (PLANNED COMMUNITY) DISTRICT REGULATIONS

The purposes of this class of district are to:

A.

Establish appropriate zoning regulations for large tracts of land which are under unified ownership or development control, permitting the long term development of such tracts with appropriate uses of land while insuring that:

1.

The development will be consistent with the adopted general plan of the town,

2.

The tract will be planned and development executed in a manner providing an environment of stable quality and desirable character,

3.

The development when completed will be compatible with present and probable future uses in the surrounding area as a whole;

B.

Provide zoning regulations applicable to large tracts of land and a procedure for approving general development plans which will serve as a guide for preparation and filing of more specific development plans for sectional units as authorized by this title;

C.

Provide reasonable assurance to the developer that sectional unit plans will be acceptable to the town when such plans conform with the general development plan and general development schedule approved, and the terms and conditions required by the ordinance establishing the particular P-C district.

(Ord. 1967-80 § 1 (6402.1), 1967)

A P-C district may be occupied by uses as specified in Section 18.28.060. Unless specifically modified by the planned community general development plan and general development schedule for the particular P-C

district, use of any parcel is subject to:

A.

The provisions governing accessory uses set forth in Chapter 18.42;

B.

Parcel area, open space and bulk requirements 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.

Provisions regulating nonconforming uses set forth in Chapter 18.46;

E.

The required conditions set forth in Section 18.28.070;

(Ord. 1967-80 § 1 (6402), 1967)

18.28.030 - Sectional units.

Sectional units may consist of:

A.

Subdivisions conforming with the requirements of the subdivision title and amendments thereto;

B.

Planned unit developments as provided for in this title and subject to the requirements of Chapter 18.44.

(Ord. 1967-80 § 1 (6402.2), 1967)

18.28.040 - Change of zoning to or from P-C designation—Conditions.

In order to further the purposes set forth above, change of zoning district from any P-C district to any other district, or the establishment of any new P-C district or combining districts, shall be made only when in accordance with the general plan of the town and subject to the procedures and requirements of this title.

(Ord. 1967-80 § 1 (6402.3), 1967)

18.28.050 - Establishment of P-C districts—Requirements—Effects.

A planned community district prescribes the nature, design, and character of development permitted in the district by setting forth: uses to be permitted and general location; circulation; height, area, and bulk regulations; parking and other applicable regulations; and provides for development of the district only through sectional units as set forth in Section 18.28.030, which units will more particularly establish the

design and character of the development. The terms of the ordinance establishing a P-C district may set forth requirements for particular uses and requirements in the P-C district, that are in addition to and more specific than those set forth in Chapters 18.24 through 18.32.

(Ord. 1967-80 § 1 (6402.4), 1967)

When in conformity with the adopted general plan of the town and subject to the limitations of the ordinance establishing the particular P-C district, the following uses are permitted when included in the approved general development plan for the particular P-C district and are subject to the conditions specified in this section:

A.

Principal uses and accessory uses permitted in R-1 and R-E districts by Chapters 18.10 through 18.16, 18.36 and 18.40;

B.

Horticulture and grazing either as permanent uses or pending the development of the lands for other purposes set forth in the general development plan approved in conjunction with the establishment of the particular P-C district;

C.

The following uses, subject to the securing of a conditional use permit:

1.

Residential planned unit development,

2.

Conditional uses permitted in R-1 and R-E districts by Chapters 18.10 through 18.16.

(Ord. 1967-80 § 1 (6402.5), 1967)

A. P-C districts may be established only on parcels of land which contain sixty or more acres and which are suitable to permit the unified development of a major section of the town for residences together with appropriate local facilities including, but not limited to, open space preserves, parks and playgrounds, trails and paths, and schools.

B.

At the time of application, the tract or parcel of land involved must be either in one ownership or the subject of an application filed jointly by the owners of all the property included. The holder of a written option to purchase land shall, for purposes of such application, be deemed to be an owner of such land.

C.

Subsequent to the establishment of a P-C district, disposal of any lands, property, or estates in such district shall be only in such units and manner as prescribed in the approved general development plan, the conditions and requirements attached thereto, and the terms of the ordinance establishing the P-C district, and, in addition, shall be subject to the procedures and requirements of the town subdivision ordinance.

D.

The limitations and conditions set forth in Chapters 18.10 through 18.16 for residential districts shall apply to the size, placement, and lighting of any sign in any P-C district.

E.

Properties identified on the Flood Insurance Rate Maps shall comply with the provisions of Chapter 18.32.

F.

Properties with historic resources as identified in the historic element of the general plan shall comply with the provisions of Chapter 18.31.

(Ord. 1994-276 § 4 Exh. A (part), 1994; Ord. 1967-80 § 1 (6402.6), 1967)

18.28.080 - Establishment of S-D districts in combination with P-C districts required—Number of dwelling units permissible in P-C districts—Determination of land area.

An S-D district or districts shall be established in combination with each P-C district. In each case the combining density districts established shall be consistent with the adopted general plan for the town. The total number of dwelling units permissible in the entire P-C district shall be determined in the same general manner as provided in Section 18.50.050 for planned unit development. For the purpose of determining the permissible number of dwelling units, the land area used shall be the gross residential area which, for this purpose, includes: the total area of any residential planned unit development; areas designated exclusively for occupancy by single-family dwellings, uses accessory thereto, and local roads serving such areas; easements for paths and trails; open space preserves; and areas reserved for the exclusive use of residents of the P-C district and their guests.

(Ord. 1967-80 § 1 (6402.7 (A)), 1967)

18.28.090 - Distribution of dwelling units—Conformance with S-D district requirements.

The distribution of the permissible number of dwelling units on the site need not conform with the distribution which would otherwise be required within such areas established by the S-D district boundaries provided that:

A.

The resultant distribution and character of development complies with the required conditions, Section 18.28.070, and is consistent with the purposes of this ordinance and the town general plan;

B.

Property rights are offered for dedication to the town limiting the number of dwelling units on each sectional unit in the P-C district to the number set forth in the approved general development plan and general development schedule;

C.

Rights and interests in other areas are offered for dedication to the town to the extent necessary to assure that future development will be in accordance with the approved general development plan and general development schedule;

D.

Such dedications are declared to be for the purpose of preserving open space and scenic beauty pursuant to Chapter 12 of Division 7 of Title 1 of the Government Code, Sections 6950 through 6954.

(Ord. 1967-80 § 1 (6402.7 (B)), 1967)

In each P-C district hereafter established the location of all buildings and uses shall be in conformity with the requirements set forth in Chapters 18.24 through 18.32 and shall conform with the approved general development plan, the conditions and requirements attached thereto, the general development schedule, and the terms of the ordinance establishing the particular P-C district. All public uses shall be in conformity with the general plan of the town. Along all P-C district boundaries, yards shall be provided which are not less in dimension than required for yards for the abutting property in the adjoining district.

(Ord. 1967-80 § 1 (6402.7 (C)), 1967)

Application shall be made in the manner specified by Chapter 18.74 and shall be accompanied by the following:

A.

A general development plan showing: existing topographic character of the land, grading proposed, if any, with approximate indication of the extent of cut and fill; approximate location of thoroughfares and collector streets; proposed uses of the land including, but not limited to, public uses such as schools, parks and playgrounds, paths, hiking and riding trails; open space preserves; quasi-public uses such as golf courses and private club houses; and for residential uses, the approximate location of different densities of dwelling units and types of residential groupings;

B.

A report and engineering geology map with cross-sections describing the major geologic soils features by which the stability of the proposed development may be evaluated. Such features shall include any landslides and active faults, the engineering properties of soils and rocks, the nature of surface and subsurface water conditions, and such other features as are relevant to the particular site. The report shall

evaluate the interaction of the proposed development with the existing features and processes and shall indicate how the proposed development accommodates itself to the existing geologic conditions;

C.

A general development schedule, indicating:

1.

The anticipated timing of development for each sectional unit of the district for which sectional unit development plans will be submitted,

2.

The approximate area of each sectional unit of the district,

3.

The approximate land area proposed for private uses by type of use for the entire district and each sectional unit,

4.

The approximate land area and number of sites proposed for public uses of each type;

5.

The approximate standards of usable private open space, building coverage, and dwelling unit density proposed for each sectional unit of the development,

6.

The number of dwelling units proposed in each sectional unit and the total number in the entire district,

7.

The approximate total population anticipated in the entire district and in each sectional unit,

8.

The amount and type of private recreation facilities proposed to be provided in conjunction with the development or any part thereof;

D.

The information required in the general development schedule may, where approximately, be stated in a range giving maximums and minimums.

(Ord. 1967-80 § 1 (6402.8), 1967)

18.28.120 - Application—Findings required for planning commission approval.

A. The planning commission, after public hearing as provided in Chapter 18.76, may recommend the establishment of a P-C district provided it finds that the facts submitted with the application and presented at the hearing establish beyond reasonable doubt that:

1.

The proponents of the planned community development intend and are capable of commencing development of the first sectional unit within one year of the establishment of the planned community district;

2.

The proposed development will constitute an environment of sustained desirability and stability, and that it will be in conformity with the town general plan and in harmony with the character of the surrounding area;

3.

The sites proposed for public facilities, such as schools, playgrounds, and parks are adequate to serve the anticipated population and are acceptable to the public authorities having jurisdiction thereof;

4.

Local roads, thoroughfares, trails, and paths proposed are suitably located and adequate to carry the traffic anticipated thereon.

B.

The commission may recommend approval of the plan and schedule as submitted, or may recommend approval of the plan and schedule subject to specified modifications.

C.

If, from the facts presented, the planning commission is unable to make the findings set forth in subsection A of this section, it shall disapprove the application.

(Ord. 1967-80 § 1 (6402.9), 1967)

Action by the council on the application for P-C district shall be in accordance with Chapter 18.74. Action to approve the establishment of a P-C district shall include approval of the planned community development plan and general development schedule or such modifications thereof as are recommended by the planning commission. All development within the district shall thereafter be in conformity with the approved plan and schedule or such amendments thereof as may be approved.

(Ord. 1967-80 § 1 (6402.10), 1967)

18.28.140 - Concurrent application for uses in P-C districts—Action—Effective date.

An application for a conditional use permit for planned unit development or other permitted use for a section or sections of the area proposed to be encompassed by a planned community district may be submitted at the same time as an application for rezoning to establish a planned community district. Action on the conditional use permit may be taken concurrently with action on the planned community district but shall be conditioned to become effective only upon establishment of the P-C district by the council.

(Ord. 1967-80 § 1 (6402.11), 1967)

The general development plan and general development schedule for a P-C district may be amended in the manner provided for other amendments to this title.

(Ord. 1967-80 § 1 (6402.12), 1967)

CHAPTER 18.29 - AFFILIATED HOUSING (AH) COMBINING DISTRICT REGULATIONS

The purpose of the affiliated housing (AH) combining district is to:

A.

Establish incentives for institutions and employers (affiliate partners) to build workforce housing;

B.

Provide flexibility to affiliate partners to address site constraints and meet housing needs;

C.

Encourage private sector development of multi-family housing at mixed affordability levels; and

D.

Encourage people with strong connections to the community to live and work in town.

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

A. The provisions of this chapter shall apply to parcels identified as part of the AH combining district on the zoning map on file with the town.

B.

Any owner of a parcel used primarily for employment or an institution is eligible to apply for the AH combining district designation in accordance with Section 18.29.030.

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

Action by the council for inclusion of a parcel in the affiliated housing (AH) combining district shall be in accordance with Chapter 18.74.

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

A. A conditional use permit is required for all affiliated housing (AH) projects in accordance with Chapter 18.72.

B.

Application. Application requirements shall be established by the planning and building director and made available on the town website.

C.

Findings. Required findings for approval of a conditional use permit are as follows:

1.

The proposed location of the affiliated housing project is in accord with the objectives of the zoning regulations, including objective design standards, and the purposes of the district in which the site is located;

2.

The proposed location of the affiliated housing project and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and

3.

The proposed affiliated housing project will comply with each of the applicable provisions of this chapter.

D.

Review. Affiliated housing projects shall be reviewed by the planning commission consistent with the processes provided in Chapter 18.72 and by the architectural and site control commission consistent with the processes provided in Chapter 18.64. The applicant shall have the option of applying to the planning commission for a master plan conditional use permit that allows projects and improvements to be phased over time. The architectural and site control commission may review the affiliated housing project either before the planning commission's review of the conditional use permit, or after the planning commission has approved the conditional use permit, as determined by the planning and building director.

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

Housing units shall be offered first to employees of an affiliated institution or employer. If the affiliated institution or employer is unable to fill the housing units with current employees, the units may be offered to other households with a preference for people that work in the Town of Portola Valley.

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

A. Residential Density. The development potential of the following affiliated housing (AH) sites is as follows, subject to approval by the planning commission:

1.

Sequoias. Up to and including twenty-three units, as described in the housing element.

2.

Christ Church. Up to and including six units, as described in the housing element.

B.

If new affiliated housing parcels are established in accordance with Chapter 18.74, the density shall be established by the town council upon recommendation by the planning commission. The number of affordable units will be considered when establishing the density with a preference for more units affordable to lower income households.

C.

Development Standards. The development standards for parcels within the AH combining district are as follows:

1.

For sites with a density of up to and including six du/ac, the development standards of the R-MF-4 as established in Section 18.15.050 apply.

2.

For sites with a density greater than six du/ac, the development standards of the R-MF-23 as established in Section 18.15.050 apply.

D.

Design Standards. The design standards of Section 18.15.060 shall apply to all affiliated housing sites.

E.

Parking. The planning commission may approve a reduction in otherwise required parking proposed for an affiliated housing site with the conditional use permit.

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

CHAPTER 18.30 - D-R (DESIGN REVIEW) COMBINING DISTRICT REGULATIONS

Special design review areas are established to preserve the existing natural quality of the area and to provide for the adaptation of man-made development to the natural scenery and specific site conditions; to protect and enhance the visual character along designated major circulation corridors within the community; to protect public and private property from excessive storm water runoff, soil erosion, earth movement, and fire hazard; all in accordance with the general plan.

(Ord. 1979-166 § 19 (part), 1979: Ord. 1967-80 § 1 (6403.1), 1967)

The provisions of this chapter shall apply to the areas set forth on the zoning map, adopted by Section 18.08.010.

(Ord. 1979-166 § 19 (part), 1979: Ord. 1967-80 § 1 (6403.2), 1967)

18.30.030 - Required conditions—Architectural and site control commission approval of building permit applications.

All applications for building permits for structures shall be subject to architectural and site control commission approval as provided in Chapter 18.64, with particular attention given to form, size, materials and color of buildings, structures, and planting to ensure maximum compatibility of such improvements with the natural setting and established character of Portola Valley as well as the purposes in Section 18.30.010. All trees to be planted in this combining district shall be from a list approved by the conservation committee. The architectural and site control commission may adopt rules for the administration of this section, including but not limited to, waiver provisions.

(Ord. 1979-166 § 19 (part), 1979: Ord. 1967-80 § 1 (6403.3 (A)), 1967)

The following uses and activities are prohibited in all locations within one hundred feet of the right-of-way of Skyline Boulevard unless specifically authorized by the architectural and site control commission as part of a building or site development project:

A.

Removal of vegetation, other than poison oak, from more than five percent of the area of any parcel or portion of any parcel within the D-R district;

B.

Removal of living trees with a trunk having a circumference of over twelve inches measured four feet above the surface of the ground;

C.

Excavation or filling or any combination thereof totalling in excess of twenty-five cubic yards on any parcel;

D.

Disturbance of the surface of the ground exceeding five percent of the area of any parcel.

(Ord. 1979-166 § 19 (part), 1979: Ord. 1967-80 § 1 (6403.3 (B)), 1967)

18.30.050 - Required conditions—Protection of scenic highway—Access limitations.

To protect Skyline Boulevard as a scenic highway, points to access to the road shall be limited to the maximum extent feasible.

(Ord. 1979-166 § 19 (part), 1979: Ord. 1967-80 § 1 (6403.3 (C)), 1967)

18.30.060 - Required conditions—Subdivisions of parcels ten acres or larger.

Where a parcel, which is ten acres or larger, is to be subdivided into three or more parcels in a single year, or is to be subdivided into two parcels either one of which is capable of future resubdivision, such subdivision shall be applied for and processed as a planned unit development pursuant to this title in addition to being applied for and processed as a subdivision pursuant to the subdivision ordinance. It is recognized that most undeveloped parcels in the D-R combining district have significant characteristics such as steep slopes, unstable land, limited access, and vegetation important for ecologic and aesthetic purposes, and that flexibility in normal standards afforded by the planned unit development procedure will help achieve subdivisions carefully adjusted to specific site conditions and consistent with the town general plan. In addition, this requirement provides for design review and for imposing specific requirements on developments to help ensure that design objectives are implemented.

(Ord. 1979-166 § 19 (part), 1979: Ord. 1967-80 § 1 (6403.3 (C)), 1967)

CHAPTER 18.31 - H-R (HISTORIC RESOURCES) COMBINING DISTRICT REGULATIONS

18.31.010 - Intention.

Historic resource preservation requirements are established to preserve, protect and enhance the historic resources of the town in accordance with the historic element of the general plan of Portola Valley.

(Ord. 1994-276 § 4 Exh. A (part), 1994)

The provisions of this chapter shall apply to all historic resources in the town as identified in the historic element of the general plan.

(Ord. 1994-276 § 4 Exh. A (part), 1994)

Properties which contain historic resources identified in the historic element of the general plan, shall comply with the objectives, principles and standards of such element.

(Ord. 1994-276 § 4 Exh. A (part), 1994)

All parties submitting applications pursuant to this title, as well as Titles 15 and 17, shall identify on the application form, as well as any associated site plans or maps, any historic resource identified in the historic element of the general plan which affects the property that is the subject of the application.

(Ord. 1994-276 § 4 Exh. A (part), 1994)

In acting on applications pursuant to this title, as well as Titles 15 and 17, the approving authority shall make findings that the actions are consistent with the standards section of the historic element of the general plan. When either staff or the architectural and site control commission is the approving authority, the application may be referred to the planning commission to determine if proposed action is consistent with the standards section of the historic element. In addition, the planning commission may require the placement of a town-approved plaque identifying the historic resource when an application pertains to a conditional use permit or a subdivision.

(Ord. 1994-276 § 4 Exh. A (part), 1994)

CHAPTER 18.32 - F-P (FLOODPLAIN) COMBINING DISTRICT REGULATIONS

It is the purpose of this section to: restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or cause increased flood height or velocities; require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction; protect individuals from buying lands which are unsuited for intended purposes because of flood hazard; and assure that eligibility is maintained for property owners in the community to purchase flood insurance in the Federal Flood Insurance Program.

(Ord. 2005-358, § 1, 2005)

18.32.020 - Definitions.

For the purposes of this chapter, the words set out in this section shall have the following meanings:

A.

"Area of special flood hazard"—See "Special flood hazard area."

B.

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").

C.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

D.

"Building"—See "Structure."

E.

"Development" means any manmade changes to improved or unimproved real estate, including but not limited to buildings or other structures, fencing, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment and materials.

F.

"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

G.

"Flood, flooding, or flood water" means: 1. a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation of runoff of surface waters from any source, and/or mudslides; and 2. the condition resulting from flood-related erosion.

H.

"Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

I.

"Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

J.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

K.

"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map and the water surface elevation of the base flood.

L.

"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source—See "flooding."

M.

"Floodplain administrator" means the Public Works Director of the Town of Portola Valley who is responsible for administration, implementation and enforcement of these floodplain management regulations and who shall grant, deny, or conditionally approve development permits in accord with the provisions of these regulations.

N.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

O.

"Floodplain management regulations" means this chapter, subdivision regulations, building codes, health regulations, site development regulations and other applicable regulations for control of development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

P.

"Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

Q.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."

R.

"Floodway fringe" is the area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

S.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

T.

"Historic structure" means any structure that is: 1. listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of

the Interior as meeting the requirements for individual listing on the National Register; 2. certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. individually listed on in the historic element of the general plan and certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior.

U.

"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. For residential structures in special flood hazard areas, all subgrade enclosed areas are prohibited as they are considered to be basements (see "basement" definition). This prohibition includes below-grade garages and storage areas.

V.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

W.

"Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

X.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

Y.

"New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter and includes any subsequent improvements to such structures.

Z.

"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

AA.

"One-hundred-year flood" or "100-year flood"—See "Base flood."

BB.

"Recreational vehicle" means a vehicle which is: 1. built on a single chassis; 2. three hundred twenty square feet or less when measured at the largest horizontal projection; 3. designed to be self-propelled or permanently towable by a light-duty truck; and 4. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

CC.

"Regulatory flood elevation" means the elevation indicated as the one-hundred-year flood on FIRMs Panels H & 1-01, H & 1-02, H & 1-03, and H & 1-04.

DD.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

EE.

"Remedy a violation" means to bring the structure or other development into compliance with these floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

FF.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

GG.

"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, or A1-A30.

HH.

"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

II.

"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

JJ.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

KK.

"Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either before the improvement is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimension of the structure. The term does not, however, include any alteration to comply with the existing state or local health, sanitary, building or safety codes or regulations or any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

LL.

"Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this chapter.

MM.

"Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of

compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

NN.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

OO.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. 2005-358, § 1, 2005)

The provisions of this section apply to land and structures in the special flood hazard areas as identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) dated April 1978 and accompanying FIRMs and flood boundary and floodway maps (FBFMs) dated November 13, 1979, and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the town council by the floodplain administrator. The study FIRMs and FBFMs are on file at Portola Valley Town Hall. The FIRMs, Community —Panel number 065052-0001C, -0002C, and -0004C, and map index, bearing a revised date of November 13, 1979, and as may be amended by the Federal Insurance Administration, are incorporated by reference as a part of this zoning ordinance as sheets 3, 4, 5, and 6 of the zoning map.

(Ord. 2005-358, § 1, 2005)

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard identified in Section 18.32.030. Application for a development permit shall be made on the "Town of Portola Valley, FEMA Development Requirements" forms, dated September 2003 and as may be revised, furnished by the floodplain administrator. The application shall include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. The floodplain administrator may require such other information as may be reasonably necessary to allow for evaluation of any request for conformity with the provisions of this chapter. The floodplain administrator shall be responsible for review of all permit applications for conformity with this chapter.

(Ord. 2005-358, § 1, 2005)

18.32.040 - Required conditions—Conformance to development provisions—Elevation of residential structures above base flood level.

All areas identified as unnumbered A zones are subject to inundation by the one-hundred-year flood; however, the water surface elevation is not given. The unnumbered A zones are subject to all development provisions of this chapter except those provisions related to elevation or floodproofing. Where federal flood insurance study data is not available, base flood elevation data currently available and deemed reliable by the floodplain administrator shall be considered by the town as a basis for elevating residential structures to or above the base flood level, and floodproofing or elevating nonresidential structures to or above base flood level.

(Ord. 2005-358, § 1, 2005)

18.32.050 - Required conditions—Anchoring of new construction and substantial improvements including manufactured homes.

New construction, substantial improvements, prefabricated buildings and other developments shall be designed or anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevations and be securely fastened to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Designs and plans demonstrating compliance with these provisions, including as-built plans, must be certified by either a registered professional engineer or architect to the satisfaction of the floodplain administrator.

(Ord. 2005-358, § 1, 2005)

18.32.055 - Required conditions—Recreational vehicles.

All recreational vehicles placed on sites within Zones A1-30 and intended for temporary occupancy, but only to the extent such occupancy is authorized by Section 18.36.030 E. of this chapter, will be on the site for no longer than a maximum of one year, and be fully licensed and ready for highway use—a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. However, location of a recreational vehicle to be used for temporary occupancy in an A Zone shall only be permitted when it has been demonstrated to the satisfaction of the floodplain administrator that there is no other viable location on the site not within an A Zone.

(Ord. 2005-358, § 1, 2005)

18.32.060 - Required conditions—Residential construction—Elevation of lowest floor.

New construction or substantial improvements of residential structures shall have the lowest floor, including basements, elevated to or above the regulatory base flood elevation. Designs and plans demonstrating compliance with these provisions, including as-built plans, must be certified by either a registered professional engineer or architect to the satisfaction of the floodplain administrator.

(Ord. 2005-358, § 1, 2005)

Fully enclosed areas below the lowest floor subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs must be certified by either a registered professional engineer or architect.

(Ord. 2005-358, § 1, 2005)

18.32.070 - Required conditions—Nonresidential construction—Elevation of lowest floor.

New construction or substantial improvements of nonresidential structures shall have the lowest floor, including basement, elevated to or above the regulatory base flood elevation or, together with attendant utility and sanitary facilities, be designed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Designs and plans demonstrating compliance with these provisions, including as-built plans, must be certified by either a registered professional engineer or architect to the satisfaction of the floodplain administrator.

(Ord. 2005-358, § 1, 2005)

18.32.080 - Required conditions—Proposed new developments.

For subdivision proposals and other proposed new development it shall be demonstrated that:

A.

Such proposals are consistent with the need to minimize flood damage. For all preliminary subdivision proposals all special flood hazard area shall be clearly identified including the elevation of the base flood. Further, all subdivision plans shall provide the elevation of proposed structure(s) and pad(s). If the site is to be filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator;

B.

Public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage;

C.

Adequate drainage is provided so as to reduce exposure to flood hazards; and

D.

For proposals for development of five acres or more, unless the town determines such information is needed for smaller developments, regulatory flood elevations area given.

(Ord. 2005-358, § 1, 2005)

18.32.090 - Required conditions—Water and sanitary sewer systems.

Water and sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters and discharges into floodwaters, and on-site waste disposal systems shall be located so as to avoid impairment or contamination during flooding. Designs and plans demonstrating compliance with these provisions, including as built plans, must be certified by either a registered professional engineer or architect to the satisfaction of the floodplain administrator.

(Ord. 2005-358, § 1, 2005)

Utility and sanitary facilities shall be floodproofed to one foot above the one-hundred-year flood elevation, unless a higher elevation is recommended by the floodplain administrator because of specifically identified local conditions, so that any space below the elevation is water tight with walls substantially impermeable to the passage of water with structural components having the capability of resisting hydrostatic and hydrostatic loads and effects of buoyancy. Designs and plans demonstrating compliance with these provisions, including as built plans, must be certified by either a registered professional engineer or architect to the satisfaction of the floodplain administrator.

(Ord. 2005-358, § 1, 2005)

18.32.110 - Required conditions—Construction materials.

New development and substantial improvements shall:

A.

Use construction materials and utility equipment that are resistant to flood damage as specified in FEMA Technical Bulleting TB 2-93; and

B.

Use construction methods and practices that will minimize flood damage consistent with economic practicability; and

C.

Be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(Ord. 2005-358, § 1, 2005)

No development, including landfill, may be permitted within zones A1—A30 unless the applicant has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the one-hundred-year flood more than one foot on the average cross-section of the reach in which the development or landfill is located.

(Ord. 2005-358, § 1, 2005)

In case any watercourse is allowed to be relocated or altered, the flood-carrying capacity within the altered or relocated portion of any watercourse shall be maintained. The town will notify, in riverine situations, adjacent communities and the Department of Water Resources of the state of California prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the administrator of the Federal Insurance Administration.

(Ord. 2005-358, § 1, 2005)

Applicants shall provide certification by a registered professional engineer or architect that floodproofing plans are adequate to be watertight with walls impermeable to the passage of water, withstand the hydrostatic and hydrodynamic forces associated with the one-hundred-year flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood.

(Ord. 2005-358, § 1, 2005)

18.32.150 - Floodproofing—New residential structures or substantial improvements—Authorization by variance.

Floodproofing of new residential structures, or of substantial improvements to existing residential structures for human habitation may be authorized by variance in accordance with the provisions of this section. All variances applications shall be considered by the board of adjustment and shall be made on the variance application form provided by the floodplain administrator.

A.

Nature of variance. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this floodplain regulations would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. The variance provisions, however, are established with the understanding that protection from flood hazards is the compelling objective, and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or other requirements in the flood ordinance are deemed to be rare. Therefore, the variance provisions in this section are intentionally very detailed and contain multiple provisions that must be met before a variance can be properly authorized. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

B.

Factors to be considered by the board of adjustment. In acting upon requests for variances, the board of adjustment shall consider all technical evaluations, all relevant factors, and standards specified in other sections of this chapter, and the following:

Danger that materials may be swept onto other lands to the injury of others;

2.

Danger to life and property due to flooding or erosion damage;

3.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing owner or occupants and future owners or occupants of the property;

4.

Importance of the services provided by the proposed facility to the community;

5.

Necessity to the facility of a waterfront location, where applicable;

6.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7.

Compatibility of the proposed use with existing and anticipated development;

8.

Relationship of the proposed use to the general plan and floodplain management program for that area;

9.

Safety of access to the property in time of flood for ordinary and emergency vehicles;

10.

Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

11.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

C.

Conditions for granting of a variance by board of adjustment. The following conditions shall govern granting of variances:

1.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures and provisions for flood hazard reduction in this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

2.

Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3.

Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance.

4.

Variances shall only be issued upon a showing of good and sufficient cause, determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance or cause fraud or victimization of the public, or conflict with other existing Town regulations.

5.

Upon consideration of the factors of Section 18.32.150 B and the purposes of this chapter, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of, and preserve the integrity of this chapter.

D.

Notice of action on variance. Any applicant to whom a variance has been granted shall be given written notice by the floodplain administrator that: 1. the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twentyfive dollars for one hundred dollars of insurance coverage, and 2. such construction below the base flood level increases risks to life and property. Further, a copy of the notice shall be recorded by the floodplain administrator in the Office of the San Mateo County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The costs for such notice and recording of the notice shall be paid by the applicant to whom the variance has been granted.

E.

Variance terms defined. In addition to the other definitions contained in Section 18.32.020 of this chapter, the following words and their meanings pertain to the foregoing variance provisions:

1.

"Fraud and victimization" means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the board of adjustment will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during such periods of time to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased potential for flood damages may bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

2.

"Hardship" means the exceptional hardship that would result from a failure to grant the requested variance. To grant a variance, the board of adjustment must determine that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, or personal preferences, likewise cannot, as a rule, quality as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

3.

"Public safety and nuisance" means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons.

(Ord. 2005-358, § 1, 2005)

18.32.160. - Development permit review, action on permit, notification of other agencies, certification and maintenance of records, map determinations, remedial actions.

The floodplain administrator shall review all development permits to determine that required conditions of this chapter have been satisfied, all other required state and federal permits have been obtained, the site is reasonably safe from flooding, and the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

A.

Notification of other agencies. For any alteration or relocation of a watercourse the floodplain administrator shall notify adjacent communities and the California Department of Water Resources prior to alteration or

relocation and shall submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency. The notification shall including data assuring that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

B.

Documentation of floodplain development. The floodplain administrator shall obtain and maintain for public inspection and make available as needed all certifications required by this chapter and all development permit application data required by Section 18.32.035.

C.

Map determinations. The floodplain administrator shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. Any person contesting the location of the boundary may appeal the interpretation of the floodplain administrator as provided in Chapter 18.66 of this title.

D.

Remedial action. The floodplain administrator shall take action to remedy any violations of this chapter.

(Ord. 2005-358, § 1, 2005)

CHAPTER 18.34 - ADMINISTRATION

The planning commission shall prescribe the form in which applications are made for zoning permits, certificates of occupancy, conditional use permits and amendments. The board of adjustment shall prescribe the form in which applications are made for appeals and variances. In addition to any other information required in connection with any application for variance, authorization of conditional use, or for reclassification of any property, there shall be submitted with each application a map showing the boundaries of the subject parcel. Each respective agency may cause blank forms to be prepared and provided for such purposes and may prescribe the type of information to be provided in the application or to be attached to the application by the applicant. No application shall be accepted unless it is complete and complies with such requirements. Acceptance of an application does not constitute any indication of approval.

(Ord. 1967-80 § 1 (6901.1), 1967)

18.34.020 - Signatures on application of persons other than owners.

If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to an application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue, but they

shall in no case infringe upon the free exercise of the powers vested in the town as represented by the planning commission, the board of adjustment, or the council, as the case may be.

(Ord. 1967-80 § 1 (6901.2), 1967)

Applications filed pursuant to this title shall be numbered in the order of their filing, and shall become a part of the permanent official records of the agency to which application is made, and there shall be attached thereto and permanently filed therewith copies of all notices and actions with certificates or affidavits of posting, mailing or publications pertaining thereto.

(Ord. 1967-80 § 1 (6901.3), 1967)

The council shall, by resolution, establish the amounts of fees for applications and permits required or authorized by this title, and may from time to time modify the resolution. Before accepting for filing any application mentioned in this title, the secretary of the planning commission or board of adjustment shall charge and collect, or cause to be charged and collected, a fee in the amount so fixed.

(Ord. 1967-80 § 1 (6901.4 (A)), 1967)

The council shall, by resolution, establish the amount of fees for transcripts of public hearings to be charged when such a transcript is requested, and may from time to time modify the resolution. The secretary of the planning commission or board of adjustment shall charge and collect, or cause to be charged and collected, a fee in the amount so fixed for a transcript of a public hearing held by the planning commission or board of adjustment and the town clerk shall charge and collect, or cause to be charged and collected, a fee in the amount so fixed for a transcript of a public hearing held by the council.

(Ord. 1967-80 § 1 (6901.4 (B)), 1967)

The council shall by resolution establish the amounts of deposits for services to be required to accompany all applications under the zoning ordinance, and may from time to time modify the resolution. The deposits required shall be the amounts deemed sufficient to cover the normal estimated cost of any town staff reports or consultant or consultants' services that may be required by the terms of this title to process the application. Before accepting for filing any application mentioned in this title, the secretary of the planning commission or board of adjustment shall charge and collect, or cause to be charged and collected, the required deposit. Any actual cost that is more than the estimated cost shall be paid by the applicant prior to the effective date of any permit, variance, appeal or amendment and any collected estimated cost that is more than the actual cost shall be returned to the applicant. No permit, variance, appeal or amendment shall become effective until outstanding costs have been paid by the applicant.

(Ord. 1967-80 § 1 (6901.4 (C)), 1967)

Any fees required under this title may be waived by the council for:

A.

Any public body, district or agency of federal, state, county or municipal government; or

B.

Any applicant for a conditional use permit for an existing use, when a use permit issued by the county was in effect on the date the ordinance codified in this section became effective, provided that such is permitted as a conditional use under this title;

C.

Any residential development project with ten or more units in which at least fifty percent of the dwelling units will be price-restricted to be affordable to households with incomes at moderate incomes or below, as defined by the California Department of Housing and Community Development. A development agreement shall be used to grant any fee waiver under this subsection. The development agreement shall set forth the total number of units in the development project, the number of affordable units to be included, and the level of affordability of the units, as well as the amount of fees to be waived. The development agreement shall be prepared to the satisfaction of the town attorney. The council's determination as to whether and what portion of fees to waive shall be based on the following criteria:

1.

The mix of units by income level;

2.

The extent to which the units are anticipated to serve populations in town with a particular need for affordable housing in the town, such as senior citizens and people who work in town;

3.

The expected financial impact on the town of waiving fees; and

4.

The financial feasibility of the project if some or all of the fees are not waived.

(Ord. 2011-390 § 10, 2011; Ord. 1969-99 § 2 (part), 1969; Ord. 1967-80 § 1 (6901.4 (D)), 1967)

A. The owner of the property for which the application is submitted, or the authorized representative of the owner, unless different requirements are specified under the section of this title dealing with the specific action, shall file the application with the responsible official.

B.

The application shall be made on forms furnished by the responsible official and shall be full and complete, including information needed to assure, as nearly as possible, presentation of all pertinent facts for the permanent record and to assist in determining the validity of the request.

C.

The applicant shall verify the accuracy and completeness of the application before a notary public, the town clerk, or he may verify it with the statement that it is signed "under penalty of perjury." The date of verification shall be noted on the application.

(Ord. 1967-80 § 1 (6901.5), 1967)

In cases where the responsible official considers the reasons and conditions as set forth on the application do not come within the scope of the procedure for the application, the applicant shall be so informed. If the application is thereafter filed and fees paid, the fact that the applicant was so informed shall be noted on the application and the signature of the applicant shall constitute verification of the fact that he was so informed. Acceptance of an application does not constitute any indication of approval.

(Ord. 1967-80 § 1 (6901.6), 1967)

The responsible official shall make or cause to be made, an investigation of the facts bearing on the case to provide information necessary to assure action consistent with the intent of this title and the general plan. A written report of such investigation shall be presented to the body or bodies charged with the responsibility for dealing with the specific action.

(Ord. 1967-80 § 1 (6901.7), 1967)

Upon receipt of a verified application or a notice of appeal from decision of administrative official, the secretary of the board of adjustment shall set a reasonable time and place for the public hearing and the hearing shall be held in accordance with the procedures and requirements set forth in Chapter 18.70.

(Ord. 1967-80 § 1 (6901.8), 1967)

Upon receipt of a complete and verified application the secretary of the planning commission shall set a reasonable time and place for the public hearing and the hearing shall be held in accordance with the procedures and requirements set forth in Chapter 18.76.

(Ord. 1967-80 § 1 (6901.9), 1967)

Upon receipt of a verified application or a notice of appeal, the town clerk shall set a reasonable time and place for the public hearing and the hearing shall be held in accordance with the procedures and requirements set forth in Chapter 18.76.

(Ord. 1967-80 § 1 (6901.10), 1967)

A. Any conditional use permit granted by the town council becomes null and void if not exercised within the time specified under the section of this title dealing with the specific action on such permit, or if no date is specified, within one year from the effective date of the permit. The permit shall not become null and void if:

1.

The use has commenced; or

2.

A building permit has been issued by the building inspector and construction started and diligently pursued toward completion on the site which was the subject of the permit; or

3.

A certificate of occupancy has been issued by the building inspector for the site or the structure which was the subject of the permit.

B.

Any unexercised permit may be renewed for an additional period of one year provided that prior to its expiration an application for the renewal of the permit is filed with the acting agency. The acting agency may grant or deny an application for renewal in the same manner as prescribed for the original application under the section of this title dealing with the specific action.

(Ord. 1967-80 § 1 (6901.11), 1967)

18.34.150 - Unexercised variance—Expiration—Renewal.

A. A variance granted by the board of adjustment or council becomes null and void if not exercised within the time specified under Section 18.68.120, or if no date is specified, within one year following the date on which the variance becomes effective. A variance is exercised when:

1.

The use has commenced; or

2.

A building permit has been issued by the building inspector and construction started and diligently pursued toward completion on the site which was the subject of the variance; or

A certificate of occupancy has been issued by the building inspector for the site or the structure which was the subject of the variance.

B.

Where a single project requires both a variance and an architectural review approval from the ASCC, and those permits are considered and issued together, the variance shall have the same expiration period as the architectural review approval.

C.

An unexercised variance may be renewed for an additional period of one year provided that prior to its expiration an application for renewal of the variance is filed with the board of adjustment. The board of adjustment may grant or deny an application for renewal of a variance.

(Ord. 2012-397, § 2, 2012; Ord. 1967-80 § 1 (6901.12), 1967)

Any permit, certificate or license, if issued in conflict with the provisions of this title, shall be null and void.

(Ord. 1967-80 § 1 (6901.13), 1967)

18.34.170 - Revocation of permit or variance—Grounds, hearing.

A. Grounds. Any variance or conditional use permit previously granted or issued may be revoked, suspended or modified by the acting agency on any one or more of the following grounds:

1.

The approval was based on false information submitted by the applicant;

2.

The use for which a use permit is granted is not being exercised, as defined in Section 18.34.140, within one year of the effective date of the use permit or such other time as specified by the approving body;

3.

The use for which a variance is granted is not being exercised, as defined in Section 18.34.150, within one hundred eighty days of the date on which the variance becomes effective, or such other time as specified by the approving body;

4.

The use for which such approval was granted has ceased to exist or has been suspended for one year or more;

5.

The permit or variance granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation.

B.

Hearing. Prior to revocation, suspension or modification of a variance or use permit the acting agency shall hold a public hearing and give notice of the hearing in the manner prescribed in Chapter 18.76 or Chapter 18.70. After hearing all evidence presented, if not satisfied that the regulation, general provision or condition is being complied with, the acting agency may suspend, revoke or modify the permit or variance or take such action as may be necessary to ensure compliance with the regulation, general provision or conditions unless specified otherwise under the section of this title dealing with the specific action.

(Ord. 2005-359, § 1, 2005; Ord. 1967-80, § 1 (6901.14), 1967)

CHAPTER 18.36 - USES PERMITTED IN ALL DISTRICTS

The following uses and facilities are permitted as principal uses in all districts, and the provisions of this title shall not prevent the construction, installation, maintenance or operation thereof:

A.

Public or private streets serving property in the district in which they are situated and the use of such streets for normal and usual street purposes.

B.

When used for public utility purposes, water or gas pipes, mains or conduits, electric distribution lines, communication lines, sewers or sewer mains and minor incidental appurtenances to any of the above. All electric transmission and/or distribution lines and all communication lines and all appurtenances thereto shall conform to the following:

1.

All new transmission, distribution and service lines for electricity and communication shall be installed underground.

2.

Existing overhead lines and appurtenances thereto may be replaced unless provided for otherwise in subsection B (5) and (6) below, as long as the lines are not enhanced. That is, the lines shall not have additional capacity to serve either the immediate vicinity or more distant areas.

3.

All new equipment appurtenant to transmission, distribution and service lines for electricity and communication shall be installed underground; however, pad-mounted transformers may be permitted if

the planning commission finds there is no adverse visual effect from the public right-of-way, from a neighboring property or from within the property itself.

4.

When any program for improvement of streets is instituted by the town or by any other person having jurisdiction over any street improvements and such improvements require replacement, relocation, construction, reconstruction or alteration of lines, appurtenances thereto or parts thereof, such changes to the electric and communication lines and facilities shall conform to the provisions of this title for new lines and appurtenant equipment.

5.

Existing overhead electric service lines which provide service to an individual property may remain until such time as any of the following occur, at which time the lines shall be placed underground: the location of the service box is moved; the route of the overhead wires from the pole to the structure is changed, or the point where the wires attach to the structure is changed; or whenever a service is increased above a total of one hundred ampheres.

6.

Existing overhead communication service lines shall be placed underground whenever this title requires that existing overhead electric service lines be placed underground.

7.

The undergrounding provisions for cable television transmission, distribution and service lines shall be established in the franchise ordinance adopted by the town.

8.

Undergrounding of existing lines and related facilities on an applicant's property and within adjacent street rights-of-way, utility easements or other public property may be required in connection with zoning amendments, conditional use permits and variances.

9.

The provisions of subsection B 1, 3, 4, 5, 6 and 8 hereof shall not apply in those cases wherein the planning commission determines that underground installation is not feasible or practicable and that there is no reasonable alternative location or design for the installation of underground electric or communication lines or appurtenances thereto. The planning commission may establish policies for the administration of this paragraph. Any person aggrieved by the decision of the planning commission may appeal from the decision to the town council.

(Ord. 1990-256 § 2 (Exh. B) (part), 1990; Ord. 1967-80 § 1 (6300), 1967)

When a conditional use permit is granted therefor as provided in Chapter 18.72, the following uses and facilities are permitted in all districts as conditional uses:

A.

Major operating facilities of public utilities and other major utility installations when operating requirements necessitate a specific location in order to serve best the immediate vicinity or the town as a whole;

B.

Signs as permitted and regulated by Chapter 18.40;

C.

The designation and development of buildings and sites determined to be of historical significance by the planning commission so as to render such buildings and sites available for public enjoyment;

D.

Wireless communications facilities that serve primarily the town and its sphere of influence and that conform to the provisions of Chapter 18.41 of this title.

(Ord. 2011-393, § 5, 2011; Ord. 1997-295 § 2, 1997; Ord. 1987-219 § 1, 1987; Ord. 1986-210 § 1, 1986; Ord. 1982-190 § 1, 1982; Ord. 1969-99 § 3 (part), 1969; Ord. 1967-80 § 1 (6301), 1967)

18.36.030 - Temporary buildings and uses.

The following uses or facilities are permitted in all districts as temporary uses:

A.

A voting place used in connection with a municipal or other public election;

B.

Structures and uses incidental to a construction operation, including temporary dwelling units that comply with subsection E. below, on the same or an adjoining parcel provided that such structures and uses are of a temporary nature and do not exist for a period longer than twelve months. Such time periods may be extended for structures and uses other than temporary dwelling units, by action of the Town Council;

C.

A festival, exhibit or other similar activity when of a noncommercial nature and sponsored by a group residing in the neighborhood, provided the total duration thereof does not exceed fourteen days;

D.

Signs as permitted and regulated by Chapter 18.40.

E.

Motor homes and travel trailers designed for human habitation are permitted as temporary dwelling units on residentially zoned parcels, provided each one complies with the following provisions:

1.

Has less than three hundred twenty square feet of internal living area and measures less than eight feet in width and forty feet in length.

2.

Is occupied by the owners of the principal dwelling who are unable to occupy the principal dwelling while it is being remodeled, because it is not suitable for occupancy.

3.

Is connected to a sanitary sewer or an on-site septic system.

4.

Is connected to an established power supply. A generator power supply is allowed only in an emergency situation (e.g., power outage during a storm).

5.

May be placed in a required setback if the ASCC finds the unit would not impact neighboring properties more than would be the case if it were located in conformance with setbacks and that the location in the setback allows for a more appropriate overall construction staging plan.

6.

Shall conform to a time limit set by the ASCC, but in no case more than one year. The ASCC approval shall indicate the anticipated starting date and the termination date. The actual starting date shall commence immediately when the temporary dwelling unit is brought on the site.

7.

The applicant shall submit a description of the need for the temporary dwelling unit and how the unit would relate to any use of the principal dwelling during the project. This shall include an explanation of how the temporary dwelling unit could impact the timely completion of the construction project.

8.

The applicant shall submit a construction staging plan that shows all aspects of the construction operation including any other temporary facilities such as a construction trailer or office. The plan shall demonstrate that there is adequate space and screening to accommodate the temporary dwelling unit and other normal construction uses and activities without undue burden on the neighborhood.

9.

The applicant shall show compliance with the requirements of this section on plans submitted with the building permit for the remodeling project along with supporting information as required by this section. The ASCC shall approve all temporary dwelling units concurrently with approval of the proposed remodel of the principal dwelling. All requirements shall be met prior to issuance of the building permit.

10.

The applicant shall post security approved by the town attorney in the amount of ten thousand dollars to guarantee removal of the temporary dwelling unit by the earlier of the termination date or ten days after the building official has approved occupancy of the principal dwelling ("removal date"). Additionally, if the temporary dwelling unit is not removed by the removal date, the applicant shall pay the town a fine of two hundred fifty dollars for each day beyond the removal date.

11.

The ASCC shall administer the provisions of this section. Neighbors shall be notified in accordance with Section 18.64.085.

(Ord. 2003-353, §§ 1, 2, 2003; Ord. 1967-80 § 1 (6302), 1967)

A. An accessory use is a related minor use which is either (a) necessary to the operation or enjoyment of a lawful principal use or conditional use, or (b) appropriate, incidental and subordinate to any such use. No use in any district shall be permitted as an accessory use which is not qualified as hereinabove set forth, or which constitutes in effect a conversion of a principal use to one not permitted in that district. This section shall apply to new construction and replacement fixtures. In addition to other uses meeting the qualifications set forth in this section, and subject to the limitations set forth in this title, the following accessory uses are permitted in all districts when located on the same parcel as the principal use:

1.

The installation and operation of necessary facilities and equipment in connection with such schools and other institutions as are permitted in the respective district;

2.

Recreation, refreshment and service buildings in public parks;

3.

Required off-street parking spaces and required off-street loading spaces as regulated by this title;

4.

Fences and walls subject to the height and area regulations of this title;

5.

Hedges, trees, shrubs and other ornamental planting;

Horticulture;

7.

Electric and communication service lines provided that all such lines are placed underground except where exempted in accordance with the procedure set forth in subsection B of Section 18.36.010;

8.

Outdoor Illumination.

i.

Purpose. The purpose of this subsection is to provide clear regulations regarding allowable outdoor lighting. The town's general plan states: "Night lighting visible from the exterior of buildings should be strictly limited to that necessary for security, safety and identification. All night lighting, including signs, should be low intensity and shielded from view from residential areas." This chapter aims to provide regulations for outdoor lighting that will:

a.

Permit the use of outdoor lighting that does not exceed the minimum necessary for night-time safety, utility, security, and enjoyment.

b.

Minimize adverse offsite impacts of lighting such as light trespass and obtrusive light.

c.

Curtail light pollution, reduce skyglow and improve the nighttime environment for astronomy and star gazing in keeping with the dark sky movement.

d.

Help protect the natural environment from the adverse effects of night lighting.

e.

Conserve energy and resources to the greatest extent possible.

ii.

Definitions.

a.

Brightness shall be measured in lumens.

b.

Dark sky compliant fixture or equivalent shall mean a light fixture from which all light emitted directly or indirectly, is projected below a horizontal plane.

c.

Flood lighting shall mean any fixture which lights a large area, as opposed to an individual feature such as a step, path or doorway.

d.

Manual switch shall mean any light requiring a physical action to control, whether by hardwires at the property, phone or computer application, or other technology.

e.

Motion-sensor shall mean any light control which is trigged by motion.

f.

Photo-cell shall mean a light-sensitive control that switches lights on or off depending on the level of outdoor light.

g.

Timer shall mean any device which controls the hours or amount of time that a light fixture is illuminated.

iii.

Applicability. All outdoor lighting installed after the date of effect of this ordinance shall comply with these requirements. This includes, but is not limited to, new lighting, replacement lighting, or any other lighting whether attached to structures, poles, the earth, or any other location. These regulations are meant to apply only to the visible light spectrum.

a.

Exceptions.

1.

Lighting for signs shall be regulated by Chapter 18.40, Signs.

2.

Holiday lighting, including in trees, for up to sixty total days per calendar year.

iv.

Lighting Placement.

a.

Exterior doors shall have one fixture each.

b.

Garage doors may have one or two fixtures, which shall be limited to a total lumen count of one thousand one hundred twenty-five lumens.

c.

Low path, step and wall lights for safety and navigation purposes for pedestrian and other non-vehicular uses.

d.

Lighting for exterior patios and dining areas shall be recessed and shielded from off-site visibility.

v.

Fixture Type. All outdoor lighting fixtures shall be dark sky compliant or equivalent specifically, they shall include the following elements:

a.

Shield directing light downward;

b.

Bulb not protruding below horizontal plane at bottom of shield;

c.

Light spill limited to the object to be illuminated;

d.

Fixtures shall not have ability to swivel or adjust direction, except path lighting, which shall not swivel above a forty-five-degree angel from a vertical line down.

vi.

Lightinq Control. Lighting controls and technologies shall be implemented to the effect that outdoor lights are on only when needed and never during daylight. Controls shall function with dark sky compliant fixtures. Current technologies include manual switches, photo-cells, timers, and motionsensors. Any combination of these technologies may be used, with the following limitations:

a.

Motion-sensor lights shall be triggered only by motion within a property and shall not be activated by motion in adjacent property or rights-of-way.

b.

Photo-cells shall be used only to ensure lighting is off during the day, as opposed to on a night.

c.

Timers shall be included on all motion-sensor lights to ensure that illumination is limited. Timers shall be used only to turn lights off, not on.

d.

Lights shall self-extinguish within two minutes of being illuminated.

vii.

Prohibited Lighting. The following lighting types and systems are prohibited from being installed or used:

a.

Up-lighting;

b.

Lighting for night use of uncovered game courts, including tennis, paddle tennis, basketball, riding rings, and similar outdoor recreation facilities and areas;

c.

Aerial lasers and other focused beams;

d.

Flood lights or lighting;

e.

Searchlights;

f.

Lighting with no on/off switch or ability to be controlled;

g.

Any permanent or temporary lighting in which any single light source exceeds one thousand one hundred twenty-five lumens.

h.

Festoon, cafe, or any other string of exposed blubs.

viii.

Lighting Requiring ASCC Approval. The following light fixtures, placements, or types are generally discouraged and require ASCC approval in order to be installed:

a.

Lighting for landscaping, trees or structures, including entryway features, pillars and posts;

b.

Commercial parking lighting.

9.

Septic tanks and drain fields;

10.

Antennas designed to receive television or microwave signals transmitted from satellite or terrestrial stations. Antennas with diameters exceeding four feet are subject to review by the architectural and site control commission as provided for by paragraph 6 of subsection A of Section 18.64.010.

11.

Tennis courts and paddle tennis courts, provided the sum of the maximum depth of cut and maximum height of fill for such facilities shall not exceed the following:

B.

Accessory Dwelling Units and Junior Accessory Dwelling Units.

1.

Purpose. The purpose of this section is to define accessory dwelling units (ADUs) and Junior Accessory Dwelling Units (JADUs), and describe their development standards, review required, and additional regulations. ADUs and JADUs are allowed in certain situations in order to help achieve the town's goals which include but are not limited to:

a.

Encourage the development of ADUs and JADUs through a ministerial approval process;

b.

Create new housing units while respecting the existing character of the town;

c.

Provide housing that responds to residents' changing needs, household sizes, and increasing housing costs, and provide accessible housing for seniors and persons with disabilities;

d.

Offer environmentally friendly housing choices with less average space per person and smaller associated carbon footprints; and

e.

Promote provision of affordable housing for people who work in town.

2.

Definitions. The following definitions shall govern this section.

a.

Accessory Dwelling Unit, or ADU. An attached or 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 main building to which it is accessory. An accessory dwelling unit also includes:

i.

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

ii.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

iii.

Internal ADU. Created by converting existing or proposed interior space of a single-family or multi-family structure, such as bedrooms, attached garages, basements or attics, or a combination thereof. Converted space can also be within an existing accessory structure.

iv.

External ADU. A unit which requires new construction, either attached to or detached from the main building.

Attached ADU. A unit which is attached to or part of the main building. Attached ADUs include new construction which is attached to the existing building, and a mix of new construction and converted space.

2.

Detached ADUs. A separate building, independent from the main building, built using new construction.

b.

Adjusted Maximum Floor Area, or AMFA. The maximum allowed floor area for a residential parcel, calculated by the town using the parcel's size, slope, mapped ground movement potential, and mapped flooding potential.

c.

Director. Planning and building director, also referred to as the town planner.

d.

Discretionary Review. Review of a project against the General Plan, municipal code, and Design Guidelines. The reviewing body exercises judgment in applying policies to a specific project in context and determining whether the required findings for approval can be made. The reviewing body considers public comment and may impose conditions of approval on the project.

i.

Staff Discretionary Review. A review process wherein the planning and building director shall review certain accessory dwelling unit applications in coordination with one member of the architecture and site control commission (ASCC).

ii.

Architectural and Site Control Commission, or ASCC. A review process wherein the full ASCC reviews projects at a public meeting.

e.

Efficiency Kitchen. A space containing a sink with a maximum waste line diameter of one and one-half inches, a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

f.

Existing Interior Space. For the purposes of internal ADU creation, existing interior space shall be within a building which was permitted by the town and passed its final building inspection.

g.

Guest House. A building separate from the main residence which includes a bedroom and may include a bathroom, but does not include a kitchen.

h.

Junior Accessory Dwelling Unit or JADU. A unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A JADU shall include an efficiency kitchen and may include separate sanitation facilities. A JADU shall have a separate external entrance from the main building. Junior accessory dwelling units do not constitute ADUs under this code.

i.

Main Building. This term is defined in Chapter 18.04 (definitions). For the purposes of this section, it describes the building to which an ADU is accessory. Main buildings can have a residential or nonresidential use, as permitted by this title. This section interchangeably uses the term "primary residence" and "primary dwelling" to refer to residential main buildings.

j.

Ministerial Review. A review process which is objective in nature and involves no personal judgment. The reviewing body confirms that all requirements are satisfied before approving a project, and may not consider public comment or impose conditions of approval.

k.

Multifamily Structure. For the purpose of this section only, a structure with two or more attached dwelling units on a single lot is considered a multifamily structure. A supportive housing project consisting of two or more units is considered a multifamily structure provided the majority of the units have their own kitchen facility. The following are not multifamily structures for the purposes of this section:

1.

Multiple detached single-unit dwellings on the same lot;

2.

A single family dwelling containing a JADU or an interior ADU;

3.

A single family dwelling with (i) a JADU or an interior ADU and (ii) an exterior ADU, either attached or detached.

4.

A single family dwelling with more than one ADU.

l.

Second Address. An address issued by the planning and building department for a permitted accessory dwelling unit on a parcel that has an existing unit with a different address.

m.

Second Unit. See accessory dwelling unit.

3.

Applicability. ADUs and JADUs shall be permitted on all parcels in all zoning districts, where a main building is in existence or is proposed concurrently.

a.

Fire safety exception.

i.

Prohibition. ADUs are prohibited on parcels smaller than one acre whose direct vehicular access is from a road or cul-de-sac which (1) has a single point of ingress/egress and (2) has a width of less than eighteen feet.

ii.

Ingress/egress restriction. ADUs on parcels which are one acre or larger and whose direct vehicular access is from a road or cul-de-sac, which (1) has a single point of ingress/egress and (2) has a width of less than eighteen feet, shall comply with the setback requirements of the underlying zoning district, regardless of ADU size.

iii.

Additional restrictions. Any proposed external ADU, which does not comply with the underlying zoning or local setbacks governing the parcel, shall comply with and submit with the ADU application a completed Town of Portola Valley Fire Safety Checklist adopted by resolution of the town council. The checklist shall contain requirements for ADU construction methods and materials, defensible space and vegetation management. Such checklist requirements shall be additive to other applicable building and safety requirements.

b.

Geologic safety exception.

i.

Prohibition. ADUs are prohibited where construction is not permitted under Resolution No. 2746-2017 (or successive resolution or ordinance) ("Geologic Regulations") which governs construction on or near earthquake faults and traces and areas subject to active downslope movement as shown on the town's Geologic and Ground Movement Potential maps as updated from time to time.

ii.

Additional restrictions. ADUs located in areas Y* and N* shall comply with the town's Geologic Regulations.

4.

Development Standards. All existing development restrictions in the base zoning district shall apply, except as modified by this section. These requirements include but are not limited to coverage, open space, bulk, density, floor area and adjusted maximum floor area, impervious surface, height, setbacks, parking, site development, and outdoor lighting requirements.

a.

Number.

i.

One ADU and one JADU shall be permitted on all parcels smaller than three and one-half acres in size.

ii.

Two ADUs shall be permitted on parcels three and one-half acres or larger in size as follows: one ADU must be detached from the main building and one ADU must be internal. A JADU shall be permitted in lieu of an internal ADU.

b.

State Exemption ADU. As mandated by state law, any parcel zoned residential or mixed-use permitting residential shall be permitted to build one of the following applicable ADUs. The following ADUs shall be subject to ministerial review and are not subject to the town's lot coverage, AMFA, setback, height, or size standards. However, the safety exceptions in subsection 3.a. and 3.b. above shall apply.

i.

New construction. One detached ADU of up to eight hundred square feet, sixteen feet in height, and with four feet side and rear yard setbacks is allowed on residential lots containing one existing or proposed single-family dwelling.

ii.

Conversions/Interior units. One ADU or one JADU is permitted per lot within the existing or proposed space of a single-family dwelling or an existing accessory structure that contains exterior access and setbacks sufficient for fire and safety.

iii.

Multi-family ADUs. Applicant can select one of two options:

Option 1:

Conversion. Up to twenty-five percent of the existing multifamily dwelling units in a multifamily structure may convert any non-livable space to an ADU. Non-livable space includes storage rooms, boiler rooms, or

parking. Under this option, at least one ADU shall be permitted regardless of the number of multifamily units. Thus, for a three unit multifamily structure, one ADU may be developed through conversion of nonlivable space.

Option 2:

Alternatively, up to two detached ADUs may be constructed on a lot that has an existing or proposed multifamily structure, and shall be subject to a height limit of sixteen feet and side and rear yard setbacks of four feet.

c.

Floor Area Limits.

i.

Floor Area. The minimum size of an ADU or JADU shall be defined by the California Building Code. The maximum size shall be:

1.

Eight hundred fifty square feet for external ADUs with up to one bedroom or one thousand square feet for external ADUs with more than one bedroom where the proposed ADU does not comply with the setbacks of the base zoning district and special setbacks applicable to the parcel.

2.

Twelve hundred square feet for external ADUs where the proposed ADU complies with the setbacks of the base zoning district and special setbacks applicable to the parcel, on parcels smaller than three and onehalf acres in size.

3.

Fifteen hundred square feet for external ADUs where the proposed ADU complies with the setbacks of the base zoning district and special setbacks applicable to the parcel on parcels three and one-half acres or larger in size. If such parcel also contains an interior ADU, the maximum floor area limit of the external ADU shall not exceed twelve hundred square feet.

4.

Seventeen hundred square feet for internal ADUs on all parcel sizes.

5.

Five hundred square feet for JADUs on all parcel sizes.

ii.

Percentage. An external ADU shall be additionally limited to fifty percent of the floor area of the existing or concurrently proposed main building, except as necessary to enable an ADU up to eight hundred and fifty

square feet for external ADUs with up to one bedroom or one thousand square feet for external ADUs with more than one bedroom.

iii.

Adjusted Maximum Floor Area (AMFA) and Floor Area Ratio. ADU and JADU floor area shall be limited to the maximums described at subsections 4.c.i.2—5 or the floor area allowed by the base zoning district, whichever is more restrictive.

d.

Floor Area—Calculations.

i.

Basements. Space which meets the definition of a basement (Section 18.04.065), whether under a main residence or an ADU, shall not be included in AMFA calculations. However, floor area maximums at Section 18.36.040.B.4.c and review authority at Section 18.36.040.B.6 shall both apply to basement floor area that is part of an ADU. Basements located under an ADU that do not have internal access to the ADU are discouraged and shall be counted towards AMFA calculations.

ii.

Covered parking provided for ADUs shall be included in site AMFA calculations.

e.

Height. The maximum height for any type of ADU shall be:

i.

Sixteen feet vertical height and sixteen feet maximum height for an external ADU subject to ministerial review where the setbacks are less than those of the base zoning district.

ii.

Eighteen feet vertical height and twenty-four feet maximum height and shall be subject to ministerial review where the setbacks comply with those of the base zoning district. This includes daylight planes, where applicable.

iii.

More than eighteen feet vertical height or twenty-four feet maximum height, where allowed by the base zoning district, and shall be subject to staff discretionary review.

f.

Parking and Driveways.

i.

Parking Requirement. JADUs and internal ADUs shall not require any dedicated parking spaces. External ADUs shall require one dedicated parking space, as follows:

1.

ADU parking may be located in a covered or uncovered space, in tandem with other parking, and/or in setbacks.

2.

Parking space design shall conform to Section 18.60.020, parking, dimensions and access.

3.

On parcels of one acre or larger where an ADU of twelve hundred square feet or less is proposed, ADU parking is not required to be dedicated. The ADU parking space may be shared, or overlap with, one guest parking space, provided the property is compliant with the current parking requirements in this title.

4.

When a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU, or converted to an ADU, the parking spaces for the main unit do not need to be replaced.

ii.

Driveways. All driveways shall conform to Section 15.12.300, except the ASCC may grant an exception to the requirement that properties only have one entrance from the road and approve a second driveway when it is able to make the following findings:

1.

It is not feasible for the ADU to be served by the same driveway that serves the main building, taking into consideration the cost, topography and natural landscape, among other things.

2.

Providing a separate driveway for the ADU will result in less impervious surface for the property than would extending the existing driveway.

3.

It is shown that the proposed driveway:

a.

Does not exit onto a scenic corridor or cross a trail, as mapped by the town; and

b.

Provides for safe movements for all users, as determined by the public works director.

g.

Materials.

i.

Exterior materials shall be in a natural color palette reflective of the local environment.

ii.

Color reflectivity values shall not exceed forty percent, except that trim colors and roofs shall not exceed fifty percent reflectivity.

h.

Landscaping. Landscape plantings shall be selected from the town's list of approved native plants and shall adhere to the town's landscaping guidelines, as described in the design guidelines.

i.

Lighting. All lighting shall comply with Section 18.36.040.A.8, outdoor lighting.

j.

Setbacks.

i.

No setback shall be required for an existing garage that is converted to an accessory dwelling unit. This shall apply to both conforming and legal non-conforming garages. Non-conforming garages may not be expanded unless otherwise permitted by this section or state law.

ii.

Internal ADUs shall have sufficient side and rear setbacks for fire safety.

iii.

A setback of four feet from the side and rear lot lines shall be required for an external ADU of up to eight hundred fifty square feet with up to one bedroom or one thousand square feet with more than one bedroom.

iv.

Any ADU in excess of eight hundred fifty square feet with up to one bedroom or one thousand square feet with more than one bedroom shall comply with the setbacks of the base zoning district.

v.

Regardless of the setbacks permitted by this subsection, all ADUs must comply with applicable health and safety setback requirements governing specific parcels, including but not limited to setbacks required for

fire safety, emergency vehicle access, geology, seismic, creek, topography, and other similar public health and safety considerations.

vi.

ADUs that do not comply with the setbacks of the base zoning district or applicable parcel setbacks, whether through new construction or by conversion of an existing structure, are subject to the following restrictions: 1) on sides of the structure within the required setback(s) there may be no exterior lighting, no egress windows or doors, and no portion of the windows and/or skylights shall be above nine feet in height 2) windows in required setbacks must consist of obscured glass to promote privacy between neighbors; 3) the ADU may not have a second driveway; 4) the ADU may not have any associated

improvements/amenities such as a patio, deck, pool, fire pit, trellis, or sauna; 5) no basement shall be permitted; 6) fire safe landscape screening must be planted and maintained to minimize the visual impact to the neighbors.

vii.

For the purposes of this section, if any of the property boundaries are within or adjacent to an open space, road, trail, utility or similar easement running the length or width of the property boundary, the setback shall be measured from the edge of the easement located on the property.

k.

Second Address. ADUs may be assigned a separate address at the property owner's request, with the exception that any ADU with an approved second driveway shall always be assigned a second address. Applicants requesting an address shall submit an application as part of the building permit submittal. The planning and building director, in consultation with Woodside Fire Protection District, shall review and approve applications.

l.

Utilities. When visible from the public right-of-way, utilities installed to serve an ADU shall be grouped with any existing infrastructure for the main building and screened to the extent feasible, as determined by the planning and building director. In determining feasibility, the planning and building director may consider cost, topography, and the natural landscape.

i.

Utility Undergrounding. Utilities shall be required to be placed underground, as described in Section 18.36.010.B, with the following exceptions for ADUs:

1.

An internal ADU and any associated electrical service increases shall not trigger undergrounding of utilities.

2.

A detached ADU shall always underground utilities between the main house and the ADU, when connecting from the main house.

ii.

Any other instance of new construction for an external ADU shall require undergrounding as stipulated in Section 18.36.010.B relating to utility undergrounding, with the exception that an applicant may apply to the ASCC for relief from these requirements, as well as the undergrounding requirement for detached ADUs at subsection 4.k.i.2, and if the ASCC thereafter finds that undergrounding is not feasible or practicable, or that there is no reasonable alternative location for the related equipment, such undergrounding requirement shall not apply. Significant financial costs, topography, and natural landscape may be included in this consideration.

, as well as the undergrounding requirement for detached ADUs at subsection 4.k.i.2, and if the ASCC thereafter finds that undergrounding is not feasible or practicable, or that there is no reasonable alternative location for the related equipment, such undergrounding requirement shall not apply. Significant financial costs, topography, and natural landscape may be included in this consideration.

m.

Building Codes. ADUs must comply with applicable building code requirements, including fire sprinkler requirements, unless a modification or waiver of the fire sprinkler requirement is approved by the fire marshal. An ADU created by the conversion of existing interior space shall not be required to provide fire sprinklers if sprinklers are not required for the main residence.

5.

Types of Review.

a.

Ministerial Review. Ministerial review shall be completed by the planning and building director or her/his qualified designee under the building permit review process. No public hearings or noticing are required as part of this review; however, the applicant shall provide notice to all adjacent neighbors as part of the application process on a form approved by the director of planning. An ADU or JADU application which qualifies for ministerial review shall be acted upon within sixty days of the date the town receives a completed application. An ADU or JADU application made pursuant to an application for a main building may be delayed until a decision is made on the permit application to create the new main building.

b.

Discretionary Review.

i.

Discretionary review shall be conducted by one of the following review bodies:

1.

The planning and building director shall complete staff discretionary review in consultation with an ASCC member. The director may refer items directly to the ASCC when in her/his opinion the public interest would be better served by having the ASCC conduct the review.

2.

ASCC review is a discretionary review completed by the full ASCC at a noticed meeting.

ii.

Findings for Approval. The review body must be able to make all of the following findings in order to approve an ADU subject to discretionary review:

1.

The structure is designed so as to minimize disturbance to the natural terrain;

2.

Existing vegetation is preserved to the maximum extent possible;

3.

The structure is designed and located to allow adequate light and air for itself and its neighbors;

4.

Landscaping, screening and fencing preserve privacy and mitigate adverse effects on neighboring properties;

5.

Entrances, exits and internal circulation shall be sited to promote traffic safety and ease and convenience of movement;

6.

Night lighting is located and fixtures chosen to promote public safety but minimize effects on adjoining properties;

7.

Planting and site design mitigate the problems of drainage and soil erosion;

8.

Materials and colors are compatible with the rural setting of the town and the surrounding landscape and structures;

9.

Proposed grading minimizes the apparent disturbance to the natural terrain;

10.

The project is consistent with the Portola Valley Design Guidelines;

11.

The physical position, massing, and architectural design of the ADU reflect that it is accessory in nature and holds a subservient position to the main building;

The design of the ADU and its ingress/egress reflect their physical positions on the property, such that units on or adjacent to setbacks are designed to minimize impacts toward adjacent properties.

iii.

Notice. Minimum noticing for ADUs requiring discretionary review shall include:

1.

Noticing to adjacent neighbors by the applicant, as required by the planning and building director in a form consistent with application materials published to the town website.

2.

Noticing as described by Section 18.64.085, ASCC - notification.

c.

An ADU application which is dependent on a septic tank and drain field shall be referred to and require approval of the county health officer in accordance with town policies.

d.

An ADU application which requires soil movement greater than fifty cubic yards or other work requiring a site development permit under Section 15.12.070 shall be referred to the town geologist, the town engineer, and any other review bodies necessary as determined by the planning and building director.

6.

Assignment of Review Responsibilities.

a.

Ministerial Review. State exemption ADUs authorized under Section 18.36.040.B.4.b above and ADUs which do not have any of the conditions listed in Section 18.36.040.B.6.b—d, below, shall be subject to ministerial review. All projects subject to ministerial review shall comply with all code requirements.

b.

Staff Discretionary Review. ADUs which do not have any of the conditions listed in Section 18.36.040.B.6.c., below, and which include any of the following shall be subject to staff discretionary review. However, any state authorized ADU defined in Section 18.36.040.B.4.b shall not be subject to discretionary review.

i.

An internal ADU larger than twelve hundred square feet or fifty percent of the existing building, whichever is less;

ii.

An ADU taller than eighteen feet in vertical height or twenty-four feet in maximum height;

iii.

An ADU with a light well larger than the minimum building code requirement;

iv.

An attached ADU which causes the main residence to exceed eighty-five percent of the adjusted maximum floor area (AMFA), except where the proposed ADU is up to eight hundred fifty square feet for external ADUs with up to one bedroom or one thousand square feet for external ADUs with more than one bedroom.

c.

ASCC Review. ADUs which include any of the following shall be subject to ASCC review. However, any state authorized ADU defined in Section 18.36.040 B.4.b shall not be subject to discretionary review.

i.

A separate driveway for the ADU.

ii.

Location in a non-residential zone.

iii.

Location on a property with historic resources, as identified in the historic resources element of the general plan, as provided for in Chapter 18.31, H-R (Historic Resources) Combining District Regulations..

d.

Geological Hazards. ADUs subject to Section 18.36.040(3)(b) (geologic safety exception) shall be subject to discretionary review consistent with Resolution No. 2746-2017, as may be amended from time to time.

7.

Additional Restrictions. In addition to the development standards described in this section, all ADUs and JADUs shall be subject to the following restrictions:

a.

Sold Separately. ADUs and JADUs shall not be sold separately from the main dwelling.

b.

Owner Occupancy. Where there is an ADU, either the ADU or the main building must be owner occupied. The other unit may be rented. ADUs approved between January 1, 2020 and December 24, 2024 are

excepted from this requirement. Where there is a JADU, either the JADU or the main building must be owner occupied.

c.

Rental Restrictions. On properties where an ADU or JADU is present, any rentals of the ADU, JADU, or main building shall be for a term of thirty days or more.

8.

Administration.

a.

Appeals. A decision by the planning and building director or ASCC on an ADU may be appealed, if the appeal is filed within fifteen days of the decision.

i.

A decision made by the planning and building director is appealable to the ASCC.

ii.

A decision made by the ASCC is appealable to the planning commission.

b.

Implementation. The town council authorizes the planning and building director to establish permit application requirements, forms, and checklists that the director finds necessary or useful for processing any applications governed by this chapter and to adopt administrative guidelines to assist in the implementation of this chapter.

(Ord. 2021-438, § 1, 2021; Ord. 2019-431, § 2, 2019; Ord. 2018-424, § 1, 2018; Ord. 1991-266 §§ 1 (part), 2, 1992: Ord. 1988-242 § 3 (Exh. B) (part), 1988: Ord. 1987-219 § 2, 1987: Ord. 1979-166 § 17, 1979; Ord. 1976-145 § 2, 1976: Ord. 1967-80 § 1 (6303), 1967)