Chapter 18.37 — REQUIRED CONDITIONS IN ALL DISTRICTS

Recycling and trash enclosures are required for the following developments: residential buildings with five or more dwelling units; residential developments of five or more dwelling units when solid waste is collected in a central location(s); and commercial, institutional or public facilities. Such enclosures shall meet the following requirements:

A.

The enclosure shall be sufficient to handle all types of materials which the disposal company serving the town accepts for disposal and recycling.

B.

Design, planting and location of the enclosure must be acceptable to the ASCC. The ASCC shall consider the standards and recommendations of the disposal company.

C.

The ASCC shall consider the following criteria when acting to approve a trash enclosure, that is, trash enclosure must: be sufficient to contain receptacles which are of a size and type consistent with the collection policies of the disposal company; be screened from view on all four sides; have a cement floor and apron sufficient in strength for the intended use; protect materials from rain by covering or the use of covered containers; be located where it is functional and convenient for use by the user and the disposal company; and for outdoor installations, have planting on all sides except where access is needed.

(Ord. 1994-279 § 1, 1994)

18.37.020 - Development in public road rights-of-way.

Uses permitted in the rights-of-way of public roads are:

A.

Street paving placed or approved by the town.

B.

Driveways.

C.

Public trails and paths.

D.

Public utilities.

E.

Fire hydrants.

F.

Free-standing mail boxes of a U.S. government approved type and supported by a structure with a crosssection that does not exceed a half of the cross section of the bottom of the mail box. Alternate designs require ASCC approval. Mailboxes may not be located so as to block public trails or paths.

G.

Native grasses, native ground covers and native shrubs or trees from the town's Native Plant List that do not interfere with either existing or planned public trails, paths or streets.

(Ord. 2001-338 § 4 (part), 2001)

CHAPTER 18.38 - DETERMINATION OF USES NOT LISTED

The planning commission shall hear and make determinations on requests for the inclusion as permitted uses in O-A, C-C and A-P districts of uses not specifically listed in the regulations for these districts.

(Ord. 1967-80 § 1 (6917), 1967)

A written request for such a determination shall be filed with the secretary of the planning commission, which shall include a detailed

description of the proposed use, and such other information as may be required.

(Ord. 1967-80 § 1 (6917.1), 1967)

The planning commission shall thereupon make or have made such investigations as are deemed necessary to compare the nature and characteristics of the proposed use with those of uses specifically listed in this title, and to make a determination of its classification.

(Ord. 1967-80 § 1 (6917.2), 1967)

The determination of the planning commission shall be rendered in writing within a reasonable time, but not to exceed sixty days, unless extended with the consent of the applicant, and shall state whether or not the proposed use will be permitted in the district and shall include the findings which establish that such use is or is not in all essentials of the same character as a use listed as permitted in that district. The planning commission shall not authorize the establishment of any use in a district unless it finds that its inclusion will not be detrimental to the general welfare or injurious to other uses therein permitted. Upon decision by the planning commission, the secretary of the planning commission shall forthwith notify the applicant.

(Ord. 1967-80 § 1 (6917.3), 1967)

The determination and all information pertaining thereto shall become a permanent public record. No such determination shall become effective until ten days have elapsed from the date upon which it is rendered. If no appeal is filed, such use shall thereafter become a permitted use in the district and shall have the same status as a permitted use specifically named in the regulations for that class of district.

(Ord. 1967-80 § 1 (6917.4), 1967)

Where it is alleged that the planning commission is in error in its decision or that necessary information has not been fully presented, appeals may be taken to the council in accordance with procedures set forth in Sections 18.78.010 through 18.78.110.

(Ord. 1967-80 § 1 (6917.5), 1967)

CHAPTER 18.39 - CANNABIS LAND USES

Proposition 64 or the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA") took effect on November 9, 2016 and made it legal for persons twenty-one years of age or older to smoke or ingest marijuana or marijuana products; possess, process, transport, purchase, obtain or give away to persons of twenty-one years of age or older 28.5 grams of marijuana or eight grams of concentrated marijuana; and possess, plant, cultivate, harvest, dry or process up to six living marijuana plants for personal use. Senate Bill 94 took effect on June 27, 2017 and blended together the non-medical marijuana regulations in the AUMA and the Medical Cannabis Regulation and Safety Act ("MCRSA") to create the Medicinal and AdultUse Cannabis Regulation and Safety Act ("MAUCRSA"). Pursuant to these laws, local agencies may impose reasonable regulations on indoor cultivation and regulate or ban outdoor cultivation or other cannabis land uses. The purpose of this chapter is to implement reasonable regulations for cannabis land uses that protect the health, safety and welfare of the town.

(Ord. 2018-422, § 1, 2018)

For the purposes of this chapter, the following words and phrases shall have the meanings set forth herein:

A.

"Applicant" means a person who has applied for a permit under this chapter.

B.

"Application" means that form approved by the town planning and building director and provided by the department in accordance with this chapter for the purpose of seeking a permit.

C.

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Cannabis also means the separated resin, whether crude or purified, obtained from cannabis. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, Cannabis does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

D.

"Cannabis products" has the same meaning as in California Health and Safety Code Section 11018.1 as may be amended from time to time.

E.

"Commercial cannabis activity" includes the cultivation, manufacturing, distribution, processing, warehousing, storing, testing, packaging, labeling, transportation, delivery, retail sale of cannabis and cannabis products or cannabis events as provided for in this chapter or under state rule, law, or regulation.

F.

"Cultivation" means any activity involving the planting, growing, fertilizing, irrigating, harvesting, drying, curing, grading, trimming, and/or storing of cannabis whether in or outdoors and the related sale of such cultivated cannabis.

G.

"Customer" means a natural person twenty-one years of age or over or a natural person eighteen years of age or older who possesses a physician's recommendation or a natural person fourteen years of age or older with parental/guardian permission.

H.

"Department" means the town of Portola Valley Planning and Building Department.

I.

"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between permittees.

J.

"Indoor cultivation" means cultivation indoors using exclusively artificial lighting.

K.

"Manufacturing" means compounding, converting, producing, deriving, or preparing, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, cannabis or cannabis products.

L.

"Mixed-light cultivation" means cultivation using light deprivation and/or any combination of natural and supplemental artificial lighting. Greenhouses and similar structures or spaces of sufficient size to permit entry enclosed with a nonporous covering or light deprivation systems are included in this category. This category does not include structures constructed of porous cloth or other porous material(s).

M.

"Outdoor cultivation" means cultivation using no artificial lighting conducted in the ground, in containers outdoors, or in structures constructed of porous material(s).

O.

"Permit" or "cannabis permit" means a permit issued by the town for commercial cannabis activity permitted pursuant to this chapter.

P.

"Permittee" means any applicant issued a permit under this chapter.

Q.

"Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company (LLC), estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

R.

"Premises" means the property specified in the application that is owned by the applicant/permittee where the commercial cannabis activity will be or is conducted. The application shall specify the area of land on the property and/or the structure or structures where commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one permittee.

S.

"Retail sale" means any transaction whereby, for any consideration, cannabis or cannabis products is sold to a customer, and includes the delivery of cannabis or cannabis products.

T.

"Sensitive receptor" means schools providing education to K-12 grades, day care centers, youth centers, public parks, including but not limited to the following: Windmill School (900 Portola Road); Creekside Learning Lab (884 B-1 Portola Road); Christ Church (815 Portola Road); Ormondale School (200 Shawnee Pass); Corte Madera School (4575 Alpine Road); Woodside Priory School (302 Portola Road); Ladera Church (3300 Alpine Road); Town Hall Campus (765 Portola Road); Rossotti Field (3919 Alpine Road); Ford Field (3399 Alpine Road); Alpine Hills Swim & Tennis Club (4139 Alpine Road); Triangle Park (Portola/Alpine Roads).

U.

"State" means the state of California.

V.

"State permit" means a permit to conduct commercial cannabis activity issued by the state.

W.

"Testing" means the testing of cannabis or cannabis products by an authorized laboratory, facility, entity, or person.

X.

"Youth center" shall have the same meaning as defined by California Health and Safety Code Section 11353.1 and shall also include publicly owned facilities and properties that support activities for youth and children.

(Ord. 2018-422, § 1, 2018)

18.39.030 - Prohibited and permitted commercial cannabis activities.

A. Prohibited. Unless expressly authorized by this chapter, no commercial cannabis activities for either medical or personal purposes are allowed in the town of Portola Valley. The intent of this chapter is only to permit cultivation of up to twelve commercial cannabis plants on any single property in any residential zoning district. No permit for commercial cannabis activity shall be issued for any other purpose or in any other zoning district, including but not limited to land zoned O-A or C-C.

B.

Permitted with State and Local Permit. Only the following commercial cannabis activity may occur in the town of Portola Valley pursuant to valid state and town permits:

1.

Commercial Cultivation of Cannabis. Commercial cultivation of up to a maximum of twelve cannabis plants may be conducted subject to a cannabis permit only on residentially zoned lands.

C.

Permitted with State Permit. The following commercial cannabis activities may occur in the town of Portola Valley pursuant to a valid state permit:

1.

Transportation of cannabis on public roads as expressly authorized under California Business and Professions Code Section 26080(b).

2.

Lawful delivery of cannabis to a customer on public roads; however, no physical location for such delivery service shall be permitted within the town of Portola Valley.

(Ord. 2018-422, § 1, 2018)

18.39.040 - Specific non-commercial cannabis activities allowed.

The following are exempt from the permitting requirements of this chapter.

A.

Personal Indoor Cultivation. A natural person twenty-one years of age or older who engages in cannabis cultivation, subject to the cultivation limit in subsection C below, exclusively for personal use inside a private residence or inside a permitted accessory structure to a private residence located upon the grounds of a private residence as authorized by California Health and Safety Code Section 11362.1.

B.

Personal Outdoor Cultivation. A natural person twenty-one years of age or older who engages in cannabis cultivation, subject to the cultivation limit subject to the cultivation limit in subsection C below, exclusively for personal use outside a private residence as authorized by California Health and Safety Code Section 11362.1. Notwithstanding the foregoing, any personal outdoor cultivation shall be in compliance with the following requirements:

1.

Shall not be in ordinary public view from public rights-of-way, publicly owned or maintained trails and public parks;

2.

Shall be at least six hundred feet away from any sensitive receptor. The six hundred feet shall be measured in a straight line from the closest property line of the sensitive receptor to the actual cultivation site; and

3.

The odor from cultivation must not be detectible off the grounds of the private residence or from any place accessible to the public.

C.

Cultivation Limit. For both personal indoor cultivation and personal outdoor cultivation, not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time. No cannabis may be grown within the minimum setback required for the zoning district.

(Ord. 2018-422, § 1, 2018)

18.39.050 - Town commercial cannabis activity permit required.

A. Any person who intends to engage in a permitted commercial cannabis activity in the town shall obtain a cannabis permit in accordance with this chapter for each premises in the town where proposed commercial cannabis activity is to occur. A cannabis permit from the town is not valid and the commercial cannabis activity may not commence unless and until the applicant obtains a valid license from the state for the same commercial cannabis activity permitted by the town. An applicant shall provide a copy of the state license to the department prior to commencing cultivation.

B.

Any cannabis permit issued under this chapter does not provide any protection or immunity for any person from state or federal laws, or from prosecution pursuant to any applicable state or federal laws.

(Ord. 2018-422, § 1, 2018)

A. Each application shall be filed with the town, under penalty of perjury on the form provided and in the manner required by the department.

B.

An application shall not be deemed complete until all required application fees have been paid, and all questions, comments and/or requests for information have been addressed to the satisfaction of the planning and building director.

(Ord. 2018-422, § 1, 2018)

A. Processing of Application. The department will review the application. The department will provide a copy of the application for review and comment to the San Mateo County Sheriff's Department and the Woodside Fire Protection District. The proposed premises may be subject to an inspection by the department, the sheriff's department and fire district prior to the public hearing on the application, which will not be set until the department determines that the application is complete. If the department determines the application is incomplete, the department will provide notice to the applicant, who shall have thirty days to complete all deficiencies. If the applicant fails to complete the deficiencies within the thirty-day period, the application shall be deemed abandoned. The applicant may reapply at any time following an abandoned application. The department will not refund any fees for incomplete or abandoned applications.

B.

Commercial Cannabis Permit Required. A cannabis permit shall be required for commercial cannabis cultivation. The application procedures for the cannabis permit shall be as provided for in Chapter 18.72 of this title. The planning commission may grant a cannabis permit if it makes the following findings:

1.

The proposed activity complies with the findings set forth in [Section] 18.72.130 (conditional use permit findings).

2.

The proposed activity is no more objectionable than the conditionally permitted uses allowed in the underlying residential zone with respect to public safety, security, environmental impacts, level of noise, traffic, odors, glare and other impacts normally associated with other listed uses.

The proposed activity complies with all of the development criteria and operating requirements in Section 18.39.140.

4.

The applicant has an established account in a state-approved track and trace in accordance with Section 18.39.160.

5.

The proposed activity complies with the requirements set forth in this chapter and state law.

C.

Duration of Permit. Each permit shall be granted for a one-year period and shall expire one year after the date of its issuance. Nothing herein is intended to limit the number of times an applicant may apply to renew the cannabis permit issued by the town.

D.

Permit Conditions. In addition to any conditions imposed by the planning commission, all permits shall include statements conveying the following information, displayed prominently on the permit itself:

1.

A warning that permittees, supervisors, employees, and any other persons involved in commercial cannabis activities may be subject to prosecution under state or federal laws; and

2.

An acknowledgment that, by accepting the permit and engaging in a commercial cannabis activity, the permittee has released the town and its officers, insurers, sureties, agents, town council members, attorneys, employees, and representatives from and against any all liability, and will defend and indemnify them, for any monetary damages related to or arising from issuance of the permit, authorizing permittee to engage in an authorized commercial cannabis activity, enforcement of requirements or conditions related to the permit, and/or revocation of the permit.

3.

All cannabis permits shall be valid only while the permittee is in possession of a valid state license for the same cannabis activity authorized by the town issued cannabis permit.

(Ord. 2018-422, § 1, 2018)

A. The planning commission shall deny an application for a commercial cannabis permit for any of the following reasons:

The planning commission is unable to make the findings in Section 18.39.070(B) above.

2.

The applicant made a knowingly false statement of a material fact in the application or knowingly omitted a material fact from the application;

3.

The proposed commercial cannabis activities do not fully comply with the requirements of this chapter or any state law or regulation;

4.

The applicant failed to provide all information required in the application and/or failed to allow a preinspection of the proposed premises;

5.

An applicant is subject to prosecution or has been convicted or sanctioned for an offense or violation set forth under California Business and Professions Code Section 26057(b)(4), (b)(6);

6.

An applicant has been sanctioned by the state or any other licensing authority for unauthorized commercial cannabis activities or has had a state permit or any other permit for commercial cannabis activities suspended or revoked in the three years immediately preceding the date the application is filed; or

7.

Any other valid reason in the planning commission's reasonable discretion.

B.

Notice of the decision to deny an application specifying the reason(s) for the denial shall be provided in writing to the applicant. The applicant may appeal denial of its application to the town council as set forth below in Section 18.39.090. No new application(s) for a permit on premises where an application has been denied shall be accepted for a period of one year from the date of denial.

(Ord. 2018-422, § 1, 2018)

Action of the planning commission in approving or disapproving the grant of a cannabis permit may be appealed to the town council in accordance with Sections 18.78.010 through 18.78.110 or the town council may elect to review the action of the planning commission in accordance with the provisions of Section 18.78.120.

(Ord. 2018-422, § 1, 2018)

A. To renew a permit, a completed permit renewal application on a form approved by the planning and building director and renewal fee shall be received by the department no fewer than sixty calendar days before the expiration of the permit. The permit renewal application shall not be deemed complete until all renewal fees have been paid. Upon receipt of a complete permit renewal application, the department shall notify all adjacent property owners of the submittal at least thirty days prior to the issuance of the renewal.

B.

In the event the permit is not renewed prior to the expiration date, it shall be deemed expired and the permittee must cease all commercial cannabis activity until such time that the permittee is issued a new permit in accordance with this chapter. The permittee will be subject to enforcement actions pursuant to Chapter 1.12, code compliance, for continuing operations after a permit has expired without a renewal.

C.

Permit renewal applications are subject to review and decision by the planning and building director. The planning and building direction, however, has discretion to elevate any permit renewal application to the planning commission for review and decision. The planning and building director shall deny any request for a permit renewal for any of the following reasons:

1.

The permit renewal application is filed fewer than sixty calendar days before expiration of the permit;

2.

The permittee does not fully comply with the requirements of this chapter or any state rule, law, or regulation;

3.

The permittee has failed to provide all information required in the permit renewal application and/or has failed to allow a requested inspection of the premises;

4.

The permittee has any outstanding taxes, fees, or fines owed to the department or to the town;

5.

The permit is suspended or revoked at the time of the request for permit renewal;

6.

The permittee is subject to prosecution or has been convicted or sanctioned for an offense or violation set forth under California Business and Professions Code Section 26057(b)(4), (b)(6);

7.

The permittee has been sanctioned by the state or any other licensing authority for unauthorized commercial cannabis activities or has had a state permit or any other permit, permit, or authorization for commercial cannabis activity suspended or revoked between the time the original permit was issued and the filing of the request for permit renewal; or

8.

The permittee no longer meets the residency requirements of this chapter.

D.

If a request for a permit renewal is denied, a new application may be filed pursuant to this chapter. However, no new application(s) for a permit on premises where an application to renew a permit has been denied shall be accepted for a period of six months from the date of denial.

E.

Notice of the decision to deny or approve a request for a permit renewal specifying the reason(s) for the denial shall be provided in writing to the permittee. The permittee may appeal the denial of a request for a permit renewal to the planning commission.

F.

The planning and building director shall provide an informational item to the planning commission regarding any and all permit renewals prior to the effective date of the renewal. The informational report shall include, but not be limited to, any comments received on the permittee's commercial cannabis activities within the year prior to the renewal application. The planning commission may request that a public hearing be conducted on any permit renewal application. The public hearing shall be conducted de novo pursuant to the criteria set forth in this section. The planning commission's decision shall be appealable to the town council. Any appeal to the town council shall be subject to a de novo public hearing pursuant to the criteria set forth in this section.

(Ord. 2018-422, § 1, 2018)

A. A permit issued under this chapter does not create any interest of value, is not transferable, and automatically terminates upon attempt to transfer ownership of the permit. Any change in the permittee's ownership, control or management requires a new application pursuant to Section 18.39.070. In the event a new permit is not issued by the town prior to transfer of ownership, the permit shall be deemed revoked and any activities on the premises for which the permit was issued must cease all commercial cannabis activity until such time that the new owner is issued a new permit from the department. The permittee and all owners of the premises will be subject to enforcement actions pursuant to Chapter 1.12, code compliance, for continuing operations after a permit has expired without a renewal.

B.

A permit is issued to and covers only the permittee with respect to the premises identified on the permit. The permit does not run with the land.

(Ord. 2018-422, § 1, 2018)

The filing of an initial application and/or an application for renewal of a permit shall be accompanied by payment of such fees as the town council may establish to recover the cost of administration and enforcement of this chapter. Such fees are non-refundable. Applicants and permittees are responsible for the costs of inspections, investigations, and any other activity required pursuant to this chapter. All fees and costs specified by this chapter shall be established by resolution of the town council and may be amended from time to time.

(Ord. 2018-422, § 1, 2018)

All permittees shall comply with any town-imposed commercial cannabis activity taxes that may be enacted.

(Ord. 2018-422, § 1, 2018)

A. A maximum of twelve plants may be grown on the premises for commercial purposes.

B.

Residency and Ownership Requirements. Permittee must have his or her primary domicile in the town of Portola Valley and must own the premises.

1.

If the premises is owned by one or more individuals, at least one of the individuals must satisfy the residency requirements of this section.

2.

If the premises is not owned by an individual, the residency requirement specified in this section shall be met by the permittee's chief executive officer, a member of the permittee's board of directors or a person with an aggregate ownership interest of twenty percent or more in the permittee or other individual associated with the permittee as approved by the planning and building director.

3.

The residency and ownership requirements specified in this section shall be maintained during the term of the permit.

C.

Property Setbacks. Commercial cannabis shall not be grown in the zoning setbacks for the premises.

D.

All premises shall also be located a minimum of six hundred feet from any sensitive receptor. The six hundred-foot distance shall be measured in a straight line from the closest property line of the residentially designated or otherwise protected site to the closest property line of the parcel with the cannabis cultivation.

E.

Surveillance and Security. Commercial cannabis activity shall comply with security requirements acceptable to the department on an individual project basis. The security requirements may include provisions for perimeter fencing plan (compliant with Municipal Code Chapter 18.43, fences), interior and exterior lighting plan, security camera layouts, security team plan, alarm system details, transportation, remote monitoring, electronic track and trace, fire suppression plan, and record keeping.

F.

Ventilation. All premises shall be equipped with odor control filtration and ventilation system(s) to control odors and mold to the reasonable satisfaction of the planning and building director.

G.

Inspections. Premises shall be subject to inspections by, without limitation, the department, the town of Portola Valley, county of San Mateo, the Woodside Fire Protection District, and any or agency, office or similar department thereof. Agents or employees of such agencies shall have unrestricted access to the premises, including, without limitation, all rooms, buildings, structures, facilities, and limited access areas, for the purpose of conducting inspections. If a permittee refuses or interferes with an inspection, the permittee will be subject to enforcement efforts pursuant to Chapter 1.12, code enforcement and the town may order the immediate cessation of all commercial cannabis activities on the premises.

H.

Display of Permit. The current permit, state permit, and an emergency contact phone number shall be maintained on the premises at all times and shall be immediately accessible upon request of any entity conducting an inspection.

I.

No Consumption on Premises. Consumption of commercial cannabis shall not be allowed within one hundred feet of the commercial cultivation area. This provision is not intended to prohibit personal use by the owner or occupant of the premises.

J.

Parking Requirements. Adequate on-site parking and delivery drop off and pick up zones shall be provided. No off-site parking shall be used in conjunction with the commercial cannabis activity.

K.

Notification to Department. A permittee shall provide the department with notice in writing, either by mail or e-mail to the attention of the planning and building director, within twenty-four hours of the following:

1.

A criminal conviction rendered against the permittee;

2.

A civil penalty or judgment rendered against the permittee;

3.

Notice of revocation of a state permit or other local authorization to conduct commercial cannabis activities;

4.

The permittee becomes aware of, or has reason to suspect, a diversion, theft, loss, or any other criminal activity involving its commercial cannabis activities.

L.

Cultivation Types Allowed. The following state permit types, as defined by California Business and Professions Code Section 26061, will be permitted in the town, subject to issuance of a commercial cannabis permit:

1.

"Specialty cottage outdoor" is an outdoor cultivation site with up to twelve mature plants.

2.

"Specialty cottage indoor" is an indoor cultivation site with up to twelve mature plants.

3.

"Specialty cottage mixed-light tier 1 and 2" is a mixed-light cultivation site with up to twelve mature plants.

M.

Number of Permits. The town may issue up to five new permits during the first year of this ordinance. During the second year following the effective date of this ordinance, and each year thereafter, the town may issue up to five new permits provided that there shall be no more than ten issued permits in effect at any one time. There may not be more than one permit issued per premises.

N.

Building Requirements. All structures used for cultivation, including greenhouse or similar structures shall comply with all applicable state or local building and design review regulations, zoning, and land use requirements.

O.

Fire Code Requirements. A permittee shall prepare and implement a fire prevention plan, which shall include, at minimum, emergency vehicle access to the premises vegetation management, and fire break maintenance around all structures. The plan for compliance with this section shall be proposed at the application stage and shall not be approved without the concurrence of the Woodside Fire Protection District Fire Marshall.

P.

Lighting. All lighting visible from the exterior of the cultivation area shall comply with the dark sky lighting requirements. Light shall not escape at a level that is visible from neighboring properties or the public rightof-way.

Q.

Runoff and Stormwater. Runoff containing sediment or other waste or byproducts, including, without limitation, fertilizers and pesticides, shall not be allowed to drain to the storm drain system, waterways, or adjacent lands, and shall additionally comply with all applicable state and federal regulations. A plan for compliance with this section shall be proposed at the application stage and included as a condition of approval.

R.

Wastewater Discharge. Permittees shall submit verification of compliance with the waste discharge requirements of the applicable regional water quality control board, or waiver thereof. All domestic wastewater shall be disposed of in a permanent sanitary sewer or on-site wastewater treatment system (OWTS) with demonstrated adequate capacity. A plan for compliance with this section shall be proposed at the application stage. The plan must, at minimum, identify the amount of wastewater, excess irrigation, and domestic wastewater anticipated, as well as treatment and disposal facilities.

S.

Pest Prevention. All cannabis and cannabis products shall be kept commercially clean in respect to established pests of general distribution so that exposure to such pests is under effective control. Permittees shall comply with all applicable state and federal pesticide laws and regulations, including, without limitation, those enforced by the state department of pesticide regulation. A plan for compliance with this section shall be proposed at the application stage. The plan must, at minimum, include the product name and active ingredient(s) of all pesticides to be applied to cannabis during any stage of plant growth and integrated pest management protocols, including chemical, biological, and cultural methods the permittee anticipates using to control or prevent the introduction of pests on the cultivation site.

T.

Energy Use. Electrical power, including, without limitation, for illumination, heating, cooling, and ventilation, shall be provided by one hundred percent renewable energy source or on-site zero net energy renewable source. A plan for compliance with this section shall be proposed at the application stage.

U.

Noise Limits. Noise generated at the premises shall comply with the town's noise control requirements.

V.

Hazardous Materials. No hazardous materials shall be used in conjunction with the cultivation of cannabis at the premises.

W.

Waste Management. All cannabis waste must be properly stored and secured to prevent access by the public. All garbage and refuse on the cultivation site shall be accumulated or stored in nonabsorbent, watertight, vector-resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight fitting lids. No refuse container shall be filled beyond the capacity to completely close the lid. No garbage and refuse generated in conjunction with the cultivation of cannabis shall be allowed to accumulate for more than seven calendar days, and shall be properly disposed of before the end of the seventh day. All non-cannabis waste, including, without limitation, refuse, garbage, green waste, and recyclables, must be disposed of in accordance with town and state codes, laws and regulations. A plan for compliance with this section shall be proposed at the application stage. The plan must address the storing, handling, and disposing of all waste by-products of cultivation and, at minimum, characterize the anticipated amount and types of waste generated, identify the designated holding area(s) for cannabis waste, and describe the operational measures that are proposed to manage, track/identify, and dispose of cannabis waste in compliance with county and state standards.

X.

Water Usage. Permittees must identify a water supply source adequate to meet all cultivation uses on a sustainable basis for the premises, provide the department with proposed conservation measures, demonstrate that permittee is in compliance with all statutes, regulations, and requirements of the state water resources control board, division of water rights, and allow the department and/or other county departments access to the premises to monitor water usage. Domestic water sources must be from a source permitted by the town. A plan for compliance with this section shall be proposed at the application stage.

Y.

Insurance Requirements. A permittee shall maintain insurance in the amounts and of the types that are acceptable to the town manager or his or her designee. The town of Portola Valley shall be named as additional insured on all city-required insurance policies.

Z.

Indemnity. To the extent permitted by law, the applicant shall indemnify, defend and hold harmless the town, its town council, its officers, attorneys, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the activity subject of the cannabis permit, including (without limitation) reimbursing the town for its actual attorneys' fees and costs incurred in defense of the litigation. The town may, in its sole discretion, elect to defend any such action with attorneys of its own choice.

A. A permittee shall keep and maintain the following records for at least seven years from the date of permit issuance by the town:

1.

Financial records including, without limitation, bank statements, sales invoices, receipts, tax records, and all records required by the California State Board of Equalization, other state of California agencies, the department, or other county departments;

2.

Personnel records, including each employee's full name, social security, or individual tax payer identification number, date of beginning employment, and date of termination of employment if applicable;

3.

Training records, including, without limitation, the content of the training provided and the names of the employees that received the training;

4.

Contracts with other permittees;

5.

Limited-access area logs and copies of current versions of any applicable plans required under this chapter, including, without limitation, security plan, waste disposal plan, water management plan, water conservation plan, access restriction procedures, record keeping policy, odor and ventilation measures, energy usage plan, fire prevention plan, parking plan, and pest management plan; and

6.

State permits, and other local permits or authorizations to conduct commercial cannabis activity.

B.

A permittee shall provide all books and records for review by the department or its designee upon request. Records shall be kept in a manner that allows the department, or its designee, to review the records in either hard copy or electronic form, whichever the department requests. A permittee may contract with a third party to provide custodial or management services of the records; however, such a contract shall not relieve the permittee of its responsibilities under this chapter.

(Ord. 2018-422, § 1, 2018)

A. A permittee must have an established account in a state-approved track and trace system prior to engaging in any commercial cannabis activities. A permittee may use any track and trace program

approved by state agencies and shall comply with all state laws, rules, and regulations relating to track and trace, including, without limitation, system unique identifier (UID) requirements, user requirements, reporting requirements, and inventory requirements.

B.

The permittee is responsible for the accuracy and completeness of all data and information entered into the track and trace system. Data entered into the track and trace system must be accurate. Inaccuracies, if not corrected, may result in enforcement action against the permittee.

C.

The permittee shall designate at least one track and trace system administrator who shall complete initial training prior to accessing the system and participate in ongoing training as required by the department, the state, and/or their respective agents/designees. The designated administrator must maintain an accurate and complete list of any other track and trace system administrators and users and update the list immediately when changes occur.

D.

It is a violation of this chapter for any person to intentionally misrepresent or falsify information entered into the track and trace system. The permittee shall monitor all notifications from the track and trace system and resolve all the issues included in the notification in the time frame specified in the notification. A permittee shall not dismiss a notification from the track and trace system until the permittee resolves the issues identified in the notification.

(Ord. 2018-422, § 1, 2018)

18.39.170 - Revocation or suspension of permit.

A. Any of the following shall be grounds for revocation or suspension of a permit:

1.

Failure to comply with the terms and conditions of the permit.

2.

Any act or omission that violates the requirements of this chapter, the county code, or state rule, law, or regulation.

3.

Any act or omission that results in the denial, revocation, or suspension of the permittee's state permit.

4.

The permit was granted on the basis of false material information, written or oral, provided knowingly or negligently by the permittee.

5.

Conduct of commercial cannabis activities in a manner that constitutes a nuisance, where the permittee has failed to comply with reasonable conditions to abate the nuisance.

6.

The permittee no longer meets the residency requirements of this chapter.

B.

Revocation or suspension proceedings shall be conducted in accordance with Chapter 1.12, code compliance.

(Ord. 2018-422, § 1, 2018)

18.39.180 - Enforcement and penalties.

A. Any activity in violation of this chapter is hereby deemed a per se nuisance.

B.

As part of any code compliance efforts, any permittee found to be in violation of this chapter shall be assessed in addition to the cost of code compliance a penalty in the amount of three times the amount of the permit fee.

C.

The remedies in this chapter are in addition to and do not supersede or limit any and all other remedies provided by law. The remedies provided in this chapter are cumulative and not exclusive.

(Ord. 2018-422, § 1, 2018)

18.39.190 - Implementing regulations.

The planning commission shall have the authority to adopt regulations implementing this chapter.

(Ord. 2018-422, § 1, 2018)

CHAPTER 18.40 - SIGNS

The purposes of this chapter shall be as follows:

A.

To authorize and regulate identification and directional signs accessory to uses permitted by the zoning ordinance;

B.

To maintain and improve the visual qualities of the town;

C.

To minimize hazards to motorists and pedestrians on public roads.

(Ord. 1967-80 § 1 (6304.1), 1967)

All signs shall comply with the regulations of this chapter in addition to such other requirements as may be imposed in connection with the granting of a variance or conditional use permit or as may be required by other ordinances of the town.

(Ord. 1967-80 § 1 (6304), 1967)

18.40.030 - Permitted signs—All districts.

Signs permitted in all districts shall be as follows:

A.

Trespass and warning signs and signals;

B.

Highway and traffic markers and street name signs;

C.

Signs used by public utilities for the safety, welfare, or convenience of the public;

D.

The following public notices:

1.

Official notices issued by any court or public body or officer,

2.

Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice;

E.

One sign of ten square feet maximum size may be placed on each commercial or institutional construction project and shall be removed upon completion of the project;

F.

Construction signs may be placed on residential construction projects provided the total area of signs on any one residential construction project does not exceed ten square feet and provided the signs are removed upon completion or sale of the house.

G.

One real estate sign not exceeding four square feet in area may be placed on each piece of property that is for sale;

H.

Personal name plates not exceeding one square foot in area;

I.

Commemorative symbols, memorial plaques, and historical tablets, placed by historical societies;

J.

Flags, emblems, insignias, and posters of any nation, state, international organization, political subdivision or other governmental agency; and unilluminated, nonverbal religious symbols attached to a building which is a place of religious worship;

K.

Signs designating entrances, exits or conditions of use of parking areas provided no single sign shall exceed eight square feet in area;

L.

Roadside signs for special local events by community or nonprofit organizations limited to periods not exceeding two weeks;

M.

Directional signs for public or semi-public uses.

(Ord. 1967-80 § 1 (6304.2 (A)), 1967)

18.40.040 - Permitted signs—C-C, A-P and O-A districts.

Signs permitted in C-C, A-P and O-A districts shall be as follows:

A.

Each business, profession, or service is allowed on the same parcel with the establishment two permanent identification signs which direct attention exclusively to that business, profession or service and the goods or services offered.

B.

The maximum total size of permanent identification signs shall be one-half square foot of sign area per one lineal foot of the building frontage, or twenty-four square feet maximum for the two signs combined.

C.

Each business may have one additional sign of one square foot maximum size to describe hours of operation.

D.

A sign relating to a group of establishments, as in a shopping center, may be up to fifty percent greater than the allowed area for a single business, profession or service.

E.

A sign shall not face the side line of any adjoining lot in any R district when such sign is within twenty-five feet of the side line.

(Ord. 1976-149 § 3, 1976: Ord. 1967-80 § 1 (6304.2 (B)), 1967)

18.40.041 - Motor vehicle fuel price signs.

The following shall pertain to control of motor vehicle fuel price signs:

A.

The scenic corridor areas comprised of all properties abutting Portola Road, along its entire length, and Alpine Road, along its entire length, are hereby made exempt from the provisions of Section 13531 of the California Business and Professions Code. If, however, fuel price information is included on a sign, then the area for fuel price information may be excluded from the sign area limitations of this chapter; provided, however, that the fuel price information area shall not exceed the minimum standards for such signage provided for in the California Business and Professions Code.

B.

The planning commission shall have the power to establish, as a condition of the use permit for any facility that sells motor fuel to be located in areas identified in subsection A., above, appropriate requirements concerning motor vehicle fuel price signs to be viewed from the adjacent roadway.

C.

All signs containing fuel price information shall be subject to review and approval by the architectural and site control commission either pursuant to a condition of a use permit established by the planning commission or the sign permit requirements of this chapter. In considering any fuel pricing sign proposal, the architectural and site control commission is hereby authorized to reduce the permitted area for other non-fuel price signage below the area limits of this chapter if it finds such a reduction is appropriate to achieve the purposes and objectives of this chapter. The architectural and site control commission is also hereby authorized to require stricter limitations for fuel price sign area if it determines smaller characters

than the minimum provided for in the California Business and Professions Code can reasonably be viewed from the adjacent roadway.

(Ord. 2009-379 § 2, 2009)

A. All signs must be appropriate for a rural environment, must harmonize with their surroundings in design and color, and be continually maintained to ensure an attractive appearance.

B.

No signs shall flash, move or change light intensity.

C.

No freestanding signs shall exceed sixteen feet in height.

D.

No sign attached to a structure shall exceed the height of the peak of the roof.

E.

Every sign shall be constructed and maintained to meet legally required clearances from communication and electrical facilities, including but not limited to clearances specified in General Order 95 of the Public Utilities Commission of the state of California.

F.

All temporary signs, excluding displays inside buildings which are visible from outside, must be placed in specific approved sign display locations. These locations shall have a maximum area of one-half the allowable permanent sign area and must be approved by the architectural and site control commission. All temporary signs must be dated and those remaining longer than two months shall constitute a violation of the provisions of this title.

G.

No sign other than a temporary directional or warning sign shall be placed in the public right-of-way without first securing an encroachment permit.

H.

All signs shall comply with applicable provisions of the building code.

I.

No internally illuminated sign shall exceed one square foot in area.

J.

No free standing sign shall be internally illuminated.

K.

No internally illuminated sign shall be placed perpendicular to a public road from which it is visible.

L.

Illuminated signs shall be illuminated with no more than the minimum intensity necessary to permit the public to discern their information.

M.

No sign shall be illuminated outside the hours of operation of the facility to which it is accessory.

N.

In the meaning of this section, "illuminated" includes reflectorized.

O.

No illuminated overhanging signs visible from outside the premises shall be permitted.

(Ord. 1976-149 § 4, 1976: Ord. 1967-80 § 1 (6304 3), 1967)

18.40.060 - Nonconforming signs—Removal.

A. All temporary nonconforming signs must be removed within two months.

B.

All permanent nonconforming signs must be removed or brought into conformance with this title within two years.

(Ord. 1967-80 § 1 (6304.4), 1967)

18.40.070 - Application for sign permit—Determination—Appeal.

The design and placement of all signs, except those enumerated in subsections A through J of Section 18.40.030, must be submitted to the architectural and site control commission for approval prior to the installation, construction or erection of any such signs. The applicant, or any interested property owner, aggrieved by a determination of the architectural and site control commission, may appeal to the board of adjustment within ten days from the date of such determination in accordance with the provisions of Chapter 18.66.

(Ord. 1967-80 § 1 (6304.5), 1967)

18.40.080 - Violation—Notification—Penalty.

Violators of the provisions of this chapter shall be notified of such violation by the architectural and site control commission, in writing, which notification shall state the time within which any unauthorized or

illegal sign shall be removed, which may be within seven days. In the event such signs are not removed within the time fixed in the written notice, the violator shall be subject to the penalties provided in this title.

(Ord. 1967-80 § 1 (6304.6), 1967)

CHAPTER 18.41 - WIRELESS COMMUNICATION FACILITIES[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. 2019-426, § 1, adopted Jan. 9, 2019, amended Ch. 18.41 in its entirety to read as herein set out. Former Ch. 18.41, §§ 18.41.010—18.41.110 pertained to similar subject matter, and derived from Ord. 2011-393, § 1, adopted in 2011.

The purpose of this chapter is to establish standards, regulations and procedures to ensure that personal wireless communication facilities in Portola Valley are provided to the benefit of the community while limiting, to the maximum extent feasible, the potential for aesthetic and other impacts of such facilities on town residents. These provisions have been enacted to be consistent with the Telecommunications Act of 1996.

(Ord. 2019-426, § 1, 2019)

As used in this chapter and this title, certain terms are defined as set forth herein.

A.

Antenna. "Antenna" is any system of wires, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic signals. Does not include any support structure upon which the antenna is mounted.

B.

Antenna Structure. "Antenna structure" is any structure including a pole, mast, or tower, whether freestanding or mounted on another structure, that supports an antenna or an array of antennas. The height of an antenna structure is measured to the highest point of any antenna mounted thereon, or the antenna structure supporting the antenna, whichever is higher.

C.

Camouflaged Facility. "Camouflaged facility" is a wireless communication facility located or designed so as to be of minimal visibility, such as being incorporated within an architectural feature, for example a steeple or parapet, or disguised as a tree or other natural feature.

D.

Certification. "Certification" is a certificate by an approved radio frequency expert that a facility will be designed, and at all times operated, in full compliance with current United States Government Federal Communication Commission (FCC) guidelines for human exposure to radio frequency emissions.

E.

Co-location. "Co-location" is the use of a wireless communications facility by more than one personal wireless service provider that does not involve any substantial increase in the existing antenna tower or pole or other associated structures.

F.

Distributed Antenna Systems (DAS). "Distributed antenna systems" is a wireless communication facility system, licensed by the FCC, that consists of small antennas mounted on utility poles or buildings, all connected with fiber optic cable, either buried or strung between the utility poles.

G.

Equipment Enclosure. "Equipment enclosure" is a structure or fenced enclosure designed to enclose equipment used in connection with a wireless communications facility.

H.

Personal Wireless Services. "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. The services include cellular services, personal communication services (PCS), specialized mobile radio services and paging services.

I.

Personal Wireless Service Provider (Provider). "Personal wireless service provider" is an entity licensed by the FCC to provide personal wireless services to individuals or institutions.

J.

Radio Frequency Emission Evaluation. "Radio frequency emission evaluation" is the calculation of radiofrequency emission levels utilizing FCC standards.

K.

Radio Frequency Emission. "Radio frequency emission or RF emission" is electromagnetic emissions from wireless communication facilities as regulated by the FCC.

L.

Radio Frequency Expert. "Radio frequency expert" is a person or firm specializing in radio frequency telecommunications technology, including wireless site design, retained by the town at the applicant's sole expense to perform work as provided for in this chapter or as may be requested by the town in consideration of any conditional use permit application for a wireless communication facility.

M.

Significant Gap. "Gap" is a geographic area of the town in which the existing radio frequency signal level for a particular wireless service provider is less than the minimum levels established by the FCC. To be "significant," the wireless service provider applying for a permit under the provisions of this chapter must demonstrate that specific factors are present, supported by substantial evidence, proving that the "gap" is not merely individual dead spots within a greater service area. All applications for permits under this chapter shall include a report defining the gap with specific supporting technical data addressing factors that make the gap significant. This report shall be subject to radio frequency expert review on behalf of the town and the any application shall not be deemed complete until such review has been completed.

N.

Small Wireless Facilities. "Small wireless facilities" are facilities as defined in 47 C.F.R Section 1.6002(l) that meet all of the following conditions:

(1)

The facilities:

(i)

Are mounted on structures fifty feet or less in height including their antennas; or

(ii)

Are mounted on structures no more than ten percent taller than other adjacent structures; or

(iii)

Do not extend existing structures on which they are located to a height of more than fifty feet or by more than ten percent, whichever is greater;

(2)

Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

(3)

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight cubic feet in volume;

(4)

The facilities do not require antenna structure registration under 47 C.F.R. Part 17;

(5)

The facilities are not located on tribal lands; and

(6)

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. section 1.1307(b).

For purposes of this chapter, the planning and building director may elect to treat co-locations, modifications or replacements of wireless transmission equipment at an existing wireless tower or base station as described in Section 6409 of the Spectrum Act as small wireless facilities.

N.

Wireless Communication Facility. "Wireless communication facility" is any device or system for the transmitting and/or receiving of electromagnetic signals, including but not limited to radio waves and microwaves, for cellular technology, personal wireless services, mobile services, paging systems and related technologies. Facilities include antennas, microwave dishes, parabolic antennas and all other types of equipment used in the transmission and reception of such signals; structure for the support of such facilities, associated buildings and cabinets to house support equipment and other accessory improvements. Unless the context indicates otherwise, a wireless communication facility shall include small wireless facilities. A television or radio antenna, when accessory to a principal or conditional use, shall not be considered a wireless communication facility.

O.

Wireless Communication Tower (Tower). "Wireless communication tower" is any structure intended to support one or more antennas used to transmit and/or receive electromagnetic communications signals, including but not limited to poles and camouflaged facilities.

(Ord. 2019-426, § 1, 2019)

18.41.030 - Location.

Wireless communication facilities that serve primarily the town and its spheres of influence are permitted in all zoning districts when a minor wireless permit or conditional use permit is granted pursuant to this chapter.

(Ord. 2019-426, § 1, 2019)

The following facilities shall be exempt from the conditional use permit requirements of this chapter:

A.

Video Receive-Only Antenna. A television antenna, whether ground or building mounted, for the sole use of occupants of the parcel on which such antenna is located, with a height that conforms to the limits of this title.

B.

Satellite Dish Antenna. A receive-only radio or satellite dish antenna, whether ground or building mounted, not exceeding one meter (39.37 inches) in diameter for the sole use of occupants of the parcel on which

such antenna is located.

C.

Citizens Band or Amateur Radio Antenna. A ground or building mounted citizen band or federally licensed amateur radio operator antenna that conforms to the height limits of this title and any building code provisions relative to the antenna support system.

D.

Town Antennas. Receive and/or transmit station antennas and antenna supports owned and operated by the town of Portola Valley. The design and placement of such antennas shall, however, be subject to architectural review pursuant to the provisions of Chapter 18.64 of this title.

E.

Microcells, Picocells, WiFi, and Similar Systems for Individual Private Use. A facility that serves an individual home or business and is limited to an individual residence or business where service is intended to be provided within the boundary of the individual building or property.

F.

Small wireless facilities permitted under Section 18.41.050 of this chapter.

(Ord. 2019-426, § 1, 2019)

18.41.050 - Minor wireless permit required and required findings.

A. Minor Wireless Permit Required. A minor wireless permit shall be required for any small wireless facility. In addition, for small wireless facilities proposed in the right-of-way, a revocable encroachment permit and a building permit shall be required. For small wireless facilities proposed on private property, a building permit shall be required. An application shall not be deemed complete until applicant has complied with the filing requirements for all applicable permits.

B.

Minor Wireless Permit Findings. The director of planning and building shall approve or conditionally approve an application for a minor wireless permit submitted under this chapter when the director finds all of the following:

1.

The proposed small wireless facility complies with all applicable basic requirements, development standards and standard conditions of approval in Section 18.41.080 and all applicable administrative regulations adopted pursuant to [Section] 18.41.080(D); and

2.

The applicant has demonstrated that its proposed small wireless facility will be in compliance with all applicable FCC rules and regulations for human exposure to RF emissions.

3.

For any installations in the right-of-way or in a public utility easement, the applicant shall locate on an existing utility or communications pole. If the applicant proposes to install a new pole, and there is an existing pole within two hundred feet of the proposed new pole, the applicant shall provide a technical, health, safety or economic rationale for not locating on such existing pole.

(Ord. 2019-426, § 1, 2019)

18.41.060 - Conditional use permit required and required findings.

A. Conditional Use Permit Required. A conditional use permit shall be required for any wireless communication facility that does not meet the exemption requirements set forth in Section 18.41.040. The application requirements, review and action procedures for the conditional use permit shall be as provided for in Chapter 18.72 of this title and subject to the additional requirements set forth herein.

B.

Additional Conditional Use Permit Findings. In granting a conditional use permit for a wireless communication facility, the planning commission shall make the following findings in addition to those set forth in Section 18.72.130 of this title:

1.

The placement, construction, or modification of the facility in the proposed location is necessary for the provision of wireless communication services to close a significant gap in coverage in the town.

2.

The proposed site location and facility design have the least potential for adverse impacts and are the least intrusive means to close the service gap when compared to other feasible locations and system designs.

3.

When a proposed wireless communication facility is not co-located with other existing or proposed facilities or a new freestanding pole or tower is proposed, at least one of the following findings shall be made:

a.

Co-location is not reasonably feasible;

b.

Co-location would have greater adverse effects on views, noise, or aesthetics as compared to stand-alone installation;

c.

Co-location would materially and unreasonably impair the quality of service to the existing or to the proposed facility.

(Ord. 2019-426, § 1, 2019)

18.41.070 - Permit approval process, permit life and application requirements.

A. Basic Application Requirements. The basic application submittal requirements and approval process for wireless communication facilities shall be as provided for in Chapter 18.72 of this title. In addition, the following shall pertain to applications for conditional use permits, minor wireless permits or permit amendments for wireless communication facilities.

B.

Application Guidelines. The town council authorizes the director of planning and building and the director of public works to establish other reasonable rules and regulations and update or amend permit application requirements, forms, checklists that the directors find necessary or useful for processing any application governed by this chapter. All such guidelines or applications issued under this authority shall be in writing and shall be made publicly available on the city's website.

C.

Pre-Submittal Conference. Before applying for a CUP or minor wireless permit for a wireless communications facility, the applicant shall schedule and attend a pre-submittal conference with the public works director and/or the planning and building director. The pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, any issues relative to the proposed or existing wireless communication facility, potential concealment issues, coordination with other city departments responsible for application review. The city shall use reasonable efforts to provide the applicant with an appointment within five working days after receiving a written request and any applicable fee or deposit to reimburse the town for its reasonable costs to provide the services rendered in the pre-submittal conference.

D.

Submittal Appointment. All applications under this chapter must be submitted to the city at a prescheduled appointment with the director. Applicants may generally submit one application per appointment but may batch applications for small wireless facilities. The director shall use reasonable efforts to provide the applicant with an appointment within five working days after the director receives a written request and, if applicable, confirms that the applicant complied with the pre-submittal conference requirement. Any

application received without an appointment, whether delivered in-person, by mail or through any other means, will not be considered duly filed unless the applicant received a written exemption from the director at a pre-submittal conference.

E.

Application Duly Filed. An application shall not be deemed duly filed and no time period for reaching a decision regarding the application shall begin to run until the applicant has provided all of the project information and plans required by this title or by forms and checklists established by the planning department and all required application fees and deposits have been paid by the applicant. Further, any required study or report, performed at the request of the town by a radio frequency expert or other expert retained by the town, shall be provided prior to the application being deemed complete and all such studies

or reports shall be at the expense of the applicant and funds shall be deposited in advance to cover the cost of any such study or report.

F.

Permit Life. If a conditional use permit is granted, the minimum permit life shall be ten years unless a shorter life is allowed for under controlling federal or state of California standards and regulations. In particular, use permits for wireless facilities in any utility undergrounding district established by the town shall be limited to an initial life of five years. In any case, the intent is to limit the initial life of the permit to the minimum so that if less intrusive technologies become available they can be considered and, where found appropriate through the use permit process implemented to minimize potential impacts on the community. Minor wireless permits shall have a permit life of one year, unless a longer time period is specified by applicable federal or state law, subject to an annual renewal by the director of building and planning.

G.

Additional Application Requirements for Wireless Communication Facilities. The following additional application information shall be required for all wireless communication facility proposals unless waived by the approving body based on data provided by the applicant or upon recommendation by the planning and building director:

1.

Identification of the proposed provider of the facility, if a different entity from the applicant, and the identification of and contact information for the person to whom communications from the town should be delivered. If the applicant and/or service provider has more than one facility in the town or has or is seeking multiple permits the applicant's contact person shall be someone who has full knowledge of all of the service providers' wireless communication facilities within the town.

2.

Statement signed by the applicant, service provider if different from the applicant, and property owner if different from the applicant. The statement shall confirm that the owner of the proposed facilities and the owner of the property upon which the facilities are to be located, if not the owner of the facilities, both acknowledge responsibility for maintenance and removal of the facilities according to the provisions of set forth herein or any specific conditions of a use permit granted by the town for the facilities.

3.

A map depicting coverage at maximum power and design capacity identifying any significant gaps in coverage. The map shall include all existing and proposed facilities of the service provider within the town and its spheres of influence that have relevance to service in the town and the significant gap analysis. The scale of the map shall be as determined by the planning and building director. This requirement shall not apply to small wireless facilities.

Site plan for the location of the facility showing all existing and proposed features, in compliance with any checklist submittal requirements, and at a level of detail and scale as established by the planning and building director. At a minimum, the site plan shall include all material elements of the proposed facility including equipment, cabinets, cable, antenna, and antenna support layout, as well as camouflage elements (if provided); colors, setbacks, grading, dimensions, and utilities and utility connections. Any work or improvements necessary within the public right-of-way shall clearly be identified.

5.

Plans and elevations, drawn to scale, for the antennas, support structures, equipment enclosure, and/or towers, including plans and elevations of any existing buildings on the site that would be used for the facility.

6.

Description of proposed approach for screening all facilities from public view including plans for installation and maintenance of landscaping, and sample exterior materials and colors. Where applicable, a plan showing existing surrounding landscaping, proposed landscaping, a landscape protection plan for construction, a maintenance plan and irrigation plan.

7.

A narrative description of the service providers existing coverage area and of the proposed coverage area of the specific site that is the subject of the application. Technical information shall be included explaining the reasons that a permit is being sought, the reasons that the subject site is necessary to accomplish the provider's coverage objectives; and the reasons that the proposed site is the most appropriate location under existing circumstances. This narrative and technical data shall include a detailed analysis of the service gap that is to be filled and evaluation of the factors that the applicant finds make the gap significant. Factors to be evaluated shall include, but not be limited to:

(a)

The nature and character of the area to be served, including the number of potential users in the area;

(b)

If the facilities are needed to improve coverage and/or services in an existing service area or to fill a complete void in coverage;

(c)

Drive tests results demonstrating lack of coverage;

(d)

Lack of coverage on well-traveled road;

(e)

Impact of the gap in coverage on public safety.

This requirement shall not apply to small wireless facilities.

8.

Copies of all submittals and showings pertaining to: FCC licensing, a complete initial environmental study on forms provided by the town; FAA notice of construction or alteration; and all data, assumptions, and calculations relating to service coverage and power levels, regardless of whether categorical exemption from routine environmental evaluation under any FCC rule is claimed.

9.

A visual analysis to assess the effects on views and aesthetics from public areas and from private residences, and to address cumulative impacts of the proposed facility and other existing and foreseeable wireless communications facilities, including foreseeable co-location facilities. As required by the planning and building director, the analysis may utilize a photomontage, field mock-up or other techniques. The analysis shall include feasible mitigations for any effects identified. If a proposed tower or structure is visible from a public right-of-way, then the applicant shall submit either a photo simulation of the proposed tower or structure from one or more locations along the public right-of-way, the locations of which shall be indicated on a map of suitable scale.

10.

A report by an approved radio frequency expert estimating the cumulative radio frequency emissions and compliance with FCC OET Bulletin 65 that would result if the proposed facility is approved. The report shall include data on existing levels of radio frequency levels at the site prior to facility development and any additional locations requested by the planning and building director.

11.

An alternative site analysis, submitted by the applicant and subject to independent expert review by the town, that shall at a minimum:

(a)

Identify and indicate on a map viable and technically feasible alternative locations for the facility. Radio frequency plots of the alternative locations shall be provided as part of the alternatives analysis. For each alternative location so identified, the applicant shall describe the type of facility and design measures that could be used at that location so as to minimize negative visual, noise and aesthetic impacts.

(b)

Evaluate the potential for co-location with existing wireless communications facilities as an alternative to the proposed facility.

(c)

Compare, across the same set of evaluation criteria and to similar levels of description and detail, the relative merits of the proposed wireless communications facility site with those of each of the identified technically feasible alternative locations and facility designs, and all technically feasible inter-carrier

roaming agreements. Such comparison analysis shall rank each of the alternatives (i.e., the proposed location/facility and each of the technically feasible location/design alternatives) in terms of impacts (i.e., from least to most impacts on visual, noise and aesthetic concerns), and shall support such ranking with appropriate analysis.

(d)

Include photo-simulations of each of the alternatives (i.e., the proposed location/facility and each of the technically feasible location/design alternatives).

This requirement shall not apply to small wireless facilities.

H.

Specific Submittal Requirements for Towers. All applications for new tower construction, or significant modification of an existing tower shall include:

1.

An analysis of alternative technologies to the tower system for providing service to fill the identified gap. The analysis shall demonstrate that the tower is the least intrusive means to fill the significant gap, within the FCC limitations placed on the service provider and that within the reasonably foreseeable future, alternative technologies will not be commercially available to fill the identified gap. This requirement shall not apply to small wireless facilities.

2.

A professional structural engineer's certification of the tower structure's capacity to safely sustain all projected loads as well as such structure's compliance with the Telecommunication Industry Association Structural Standard for Antenna Supporting Structures and Antennas and all federal, state and local laws, rules, and regulations. The analysis shall specifically address the tower's ability to withstand the maximum anticipated wind loads and the "maximum credible earthquake" for the site as determined by the town geologist.

3.

A description of available space on the tower, providing illustrations of the wireless communications facilities that will be mounted on the structure now or in the future as shown on the project plans.

I.

Technical Review. The planning and building director shall employ, on behalf of the town, an approved radio frequency expert to review the application submittal and provide determinations and recommendations on such issues as project design, radio frequency coverage, significant gap analysis, compliance with radio frequency emissions standards, the identification of alternative locations and technologies. The costs of said review and any administrative costs, to be determined by the planning and building director, shall be deposited with the town in advance by the applicant. Any unexpended deposited funds shall be promptly returned to the applicant after the conclusion of the final appeal period for action taken by the planning commission, or after an appeal to the town council, or upon withdrawal of the application by the applicant.

The applicant shall promptly reimburse the town for such costs paid by town that exceed the deposited amount. No applicant shall be issued a permit while still owing the town reimbursement pursuant to this section.

(Ord. 2019-426, § 1, 2019)

A. Basic Requirements. All new or modified wireless communications facilities shall comply with all of the following basic requirements:

1.

California Environmental Quality Act and California Building Standards Code, as the same may be amended.

2.

Applicable FCC rules, regulations, and standards, as the same may be amended.

3.

All providers shall cooperate in the locating of equipment and antennas to accommodate the maximum number of providers at a given site where feasible and aesthetically desirable, as determined by the town. This will facilitate the co-location of wireless communications facilities. The applicant and provider shall agree to allow future co-location of additional antennas and shall not enter into an exclusive lease for the use of the wireless communications facility site.

4.

All equipment shall be situated or sufficiently buffered to minimize interference with the quiet enjoyment, including adverse visual, noise and aesthetic impacts, of adjacent properties.

5.

All equipment, antennas, poles, cables, hardware, and towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual and aesthetic impacts.

6.

Faux tree structures shall include appropriate antenna camouflaging elements, as well as three-dimensional bark cladding from the base to the top of the "trunk" and along all portions of each branch, and branch coverage shall be dense and natural, and no portion of any antennas shall protrude beyond the branches.

7.

All wireless communications facilities shall provide sufficient security measures and anti-climbing measures in the design of the facility to reduce the potential for damage, theft, trespass, and injury.

All wireless communication facilities shall have battery or generator back-up for use in the time of an emergency when normal power sources are not available. The back-up power system shall be capable of running the facility for at least forty-eight hours. This requirement shall not apply to small wireless facilities.

9.

All wireless communication facilities permit applications shall be subject to design review by the architectural and site control commission (ASCC) as provided for in Chapter 18.64 of this title. This requirement shall not apply to small wireless facilities.

B.

Development Standards. The following development standards shall be met by all new wireless communications facilities, including those that are proposed as significant changes to an existing facility:

1.

Height. Antenna and the support structure (tower, pole, etc.) may not exceed a height of fifty feet unless it is determined, based on technical review, that the additional height is necessary to fill the identified gap and/or the added height will allow for co-location of facilities for more than one carrier. Provided, however, that the added height shall only be permitted if aesthetic mitigations, as determined necessary, are included in the design and the approving body finds that the mitigations reduce impacts to acceptable levels.

2.

Setbacks. The base of the tower or antenna support structure shall be at least fifty feet from any adjacent property boundary unless the approving body determines that a closer distance to a boundary would result in less overall aesthetic impacts. This requirement shall not apply to small wireless facilities located in the right-of-way or in a public utility easement.

3.

Residential Properties. In residential zoning districts, antenna and necessary equipment enclosures and support structures shall only be located on properties not residentially developed. Specifically, sites with other utility installations are preferred including sites with water tanks. Residentially zoned properties beyond those currently used only for utilities, e.g., water tanks, pump stations, etc., may be considered only if they are vacant.

4.

Undergrounding Districts. No new pole, however, shall be permitted in an area designated as a utility undergrounding district, unless applicant shows it is infeasible to locate outside the district. If such finding is made, all associated equipment to extent feasible be located underground.

5

Installation in Right-of-Way. Any facility in a public right-of-way shall be subject to encroachment permit requirements of the public works director.

6.

Compliance with Laws. Any wireless communication facilities shall at all times comply with the most current applicable federal and state laws relative to electromagnetic radiation. If, after facility installation, the applicable provisions are modified to be more restrictive, the facility operator shall have one hundred twenty days from the effective date of the change to be in compliance with the more restrictive standards.

7.

Aesthetic Requirements. Wireless communication facilities shall be designed to blend into the environment of the site and the area surrounding the site to the maximum extent feasible. Specifically, the design, scale, form and colors of all aspects of the facility should ensure that the facility does not stand out from its surroundings or otherwise call visual attention to itself. If, for example, a faux tree is to be considered, the tree design and materials should be selected to ensure they integrate into the site and area in a visually unobtrusive manner. Further, additional landscaping shall be provided as necessary to ensure such integration.

a.

Screening and Camouflage. All wireless communications facilities shall be designed, screened and/or camouflaged to the greatest extent possible in one or more of the following ways:

i.

Substantially screened from the view of surrounding properties and the public view or co-located with existing facilities or structures so as not to create substantial visual, noise, or aesthetic impacts;

ii.

Sited within areas with substantial screening by existing vegetation;

iii.

Designed to appear as natural features found in the immediate area, such as trees, so as to be unnoticeable (camouflaged facilities); or

iv.

Screened with additional trees and other native or adapted vegetation which shall be planted and maintained around the wireless communications facility, in the vicinity of the project site, and along access roads, where such vegetation is appropriate and deemed necessary to screen the facilities. Such landscaping, including irrigation, shall be installed and maintained by the permittee and property owner, as long as the permit is in effect.

b.

Equipment Cabinets. Any equipment enclosure shall be designed to be architecturally compatible with existing structures on the site or found in the immediate area. Such equipment shelters shall be limited to

the housing of radio, electronic, and related power equipment. Any fencing shall conform to the provisions of Chapter 18.43 of this title.

c.

Colors. The color of all antennas, cabinets, equipment, and mounting brackets shall be approved by the planning and building director.

d.

Attachment. Antennas and all associated equipment shall be flush mounted on the pole unless such mounting impairs the operation of the facility in which case they should be mounted as close to the pole as possible.

e.

Maximum Equipment Dimensions. No small wireless antenna shall exceed four feet from top of antenna to bottom of antenna or extend more than three feet from the surface of the pole. No above ground equipment enclosure shall exceed a total of four feet in height, six feet in width and six feet in length.

f.

Wires and Conduits. Wires and conduits shall be placed underground and run inside poles where feasible. Wires mounted to the outside of poles shall be covered.

8.

Geologic Map. Siting of any new personal wireless communication facility shall conform to the "utility" provisions of town's geologic map and land movement potential map policies as set forth in town council Resolution 2506-2010, or as it may be amended.

9.

New Facilities. New proposed facilities shall be designed and built, to the extent feasible, to facilitate colocation by providers that might reasonably be expected to desire to be located at the proposed site.

10.

Underground Conduit. All radio frequency data, telephone, fiber optics, and power lines to, from, and within a wireless communications facility, where feasible, shall be installed underground within conduits of size large enough to accommodate at least one additional provider.

11.

Warning Signs. All camouflaged facilities including, but not limited to, "faux trees" that emit radio frequency emissions shall be posted with warning signs to the public as legally required by the FCC on and around antennas and equipment shelters, and at all access points to the property upon which such facility is located. Such signs shall be clearly defined on the conditional use permit application plans.

Third Party Review. Where the planning and building director finds that proposed wireless communications facilities have the potential to create a significant interference with the quiet enjoyment of the surrounding area or neighborhood, including adverse visual, noise and aesthetic impacts, the planning and building director may require an independent, third-party review, at the expense of the applicant, to identify such considerations as potential impacts on the surrounding area or neighborhood and to identify potential alternative solutions, and to identify any lesser intrusive means of providing coverage by the project applicant.

13.

Noise Standards. All facilities shall be designed and operated to conform to the minimum noise standards contained in Chapter 9.10 (Noise Control) of the Portola Valley Municipal Code. Failure to comply with the town's adopted noise standard after written notice and opportunity to cure have been given shall be grounds for the town to conduct a revocation hearing regarding the permit granted pursuant to this section.

14.

Compatibility with Public Infrastructure. Facilities shall not block, obstruct, impair or otherwise interfere with the use of public trails, rights-of-way, culverts, storm drains and other public infrastructure. Placement of facilities near such infrastructure shall take into account such infrastructure's current and future use.

C.

Standard Conditions of Approval. In addition to any other conditions the approving body deems necessary to preserve the public health, safety and welfare, all permits issued pursuant to this chapter shall be subject to the following conditions unless modified by the action of the approving authority:

1.

The permittee shall obtain all other permits and agreements necessary to install and operate the wireless communications facilities in conformance with federal, state, and local laws, rules and regulations.

2.

Wireless communications facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good condition and repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as practicable, and in no instance more than seven days from the time of notification by the town or after discovery by the permittee.

3.

When no longer in service for a continuous period of ninety days, the facility shall be subject to discontinuance of use provisions and procedures set forth in Section 18.41.110B. of this chapter.

4.

The permittee shall reimburse the town on demand for all costs incurred for work the applicant has failed to perform within thirty days upon notice that the work is required to comply with conditions of permit approval.

5.

The town reserves the right of its employees and agents to inspect permitted facilities upon reasonable notice to the permittee during normal business hours. In case of an emergency or risk of imminent harm to persons or property in the vicinity of permitted facilities, the town reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing a public nuisance as necessary to preserve the public health or safety.

6.

The permit issued hereunder shall expire within one year of the effective date of issuance if the applicant fails to commence construction within that period; provided, however the approving body may renew any such permit for up to a single one-year period if a request to renew is received by the town at least sixty calendar days before the approvals lapse.

7.

Permits issued pursuant to this section shall expire at twelve p.m. local time ten years from the effective date of the permit issuance unless otherwise specified in the permit.

8.

Any permit shall be reviewed at the planning and building director's discretion, upon receipt of a written complaint, by the approving body for conformity with the conditions of the permit. The permittee or any future owner of the facilities shall be responsible for any town costs associated with the periodic review of the permit or any other town reviews required by permit conditions.

9.

The permittee or any future owner may request an extension of the ten-year life (or five-year life for permits in undergrounding districts) of the permit if the request is made at least six months before the expiration date. The planning commission shall consider the request at a duly noticed public hearing and shall consider changes in technology that would permit alternative means of providing comparable wireless services with less aesthetic impacts. The commission may require replacement of facilities, if less intrusive service alternatives are available, as a condition of extending the life of the use permit. The commission also may require other permit extension conditions it finds necessary to ensure consistency with the intent and objectives of this chapter.

10.

If the wireless facilities or property on which the facilities are located, are transferred to another owner, the town shall be notified as soon as possible after the transfer has been recorded.

11.

Prior to issuance of a building permit for any wireless facilities or a minor wireless permit for a small wireless facility, the permittee and property owner (if a separate entity) shall enter into an agreement with the town guaranteeing maintenance of the site and facilities, including required landscaping, and removal of the facilities if they are no longer used. This agreement shall be to the satisfaction of the town attorney and

t for any wireless facilities or a minor wireless permit for a small wireless facility, the permittee and property owner (if a separate entity) shall enter into an agreement with the town guaranteeing maintenance of the site and facilities, including required landscaping, and removal of the facilities if they are no longer used. This agreement shall be to the satisfaction of the town attorney and

shall be binding on all future owners of the property and wireless facilities. Further, the agreement shall provide for removal of the facilities at the end of the use permit life unless the permit has been extended by the approval body as provided for herein. Bonds or other sureties shall be provided to cover the guarantees to the satisfaction of town staff.

12.

The landscape maintenance agreement shall specifically provide for timely replacement of any screen planting that has not survived and addition of new landscaping if installed materials are not achieving the screening anticipated with permit approval.

13.

Within forty-five days of the installation of the wireless facilities and thereafter on an annual basis, the permittee shall furnish data to the satisfaction of planning and building director verifying compliance with town noise ordinance standards and all FCC requirements including radio frequency emission standards. The carrier shall submit upon site commissioning, or completion of any approved site modification affecting the radio frequency system, a radio frequency radiation emission test report based on field measurements taken at the site and the immediate surroundings, to demonstrate compliance with FCC standards. Such

radio frequency radiation emission test reports shall also be submitted periodically after town acceptance of the initial report pursuant to any schedule as may be provided for in the specific provisions of the use permit.

14.

In the event radio frequency emissions tests required by the permit indicate non-compliance with FCC adopted standards, the carrier shall immediately inform the town of the non-compliance and the steps needed to bring the facilities into compliance. The carrier shall commence corrective action as soon as town approval has been received and shall notify the town when compliance has been achieved. Unless compliance is achieved within sixty days of town approval, the town may take steps to revoke or modify the conditions of this permit.

15.

The permittee or any future owner of a tower facility shall allow for co-location of up to two additional wireless carriers on the facility, if so required by the planning commission based on the specific site conditions and application analyses.

16.

As new technology becomes available, the permittee shall upgrade the facility as feasible to minimize impacts upon the community, including aesthetic impacts. If the facility is not upgraded, as feasible, within a reasonable amount of time, the town may take steps to revoke or modify the conditional use permit. At the time of each required two-year review, the applicant shall provide a report to the planning commission on the state-of-the art as to wireless service and less intrusive technology that is available. If the information demonstrates that less intrusive technology is readily available or becoming available, and feasible to employ at the site, the report shall set forth a time frame for site conversion. The framework for determining feasibility of conversion shall be as determined by the town attorney.

17.

The permit holder shall notify the town in writing of any work to be completed at the facility at least two weeks prior to the start of work. The written notification shall include the intended start and finish dates of the work, a description of the type of work, and contact information for a person who can provide additional information or answer questions. The carrier shall not make any system modifications that may affect the radio frequency radiation emissions without prior approval from the town. The permittee shall submit a radio frequency emissions study reflecting any proposed changes to the site and consider the radio frequency emissions of all co-located entities. Work needed to bring the facility into compliance with FCC standards for radio frequency emissions shall not require a two-week notification period but shall commence as soon as the town has approved the work.

18.

The permittee shall defend, indemnify and hold harmless the town, its agents and officers and employees from any claim, action, or proceeding related to the town's approval of this use permit.

19.

Within ten days of permit issuance, permittee shall deliver to town an insurance certificate for general commercial liability that names the town of Portola Valley as an additional insured in an amount of at least one million dollars in coverage per occurrence per installation in the public right-of-way. Permittee shall annually renew this coverage and ensure the town is listed as an additional insured.

D.

Additional Administrative Regulations. The planning and building director and/or the public works director shall have the authority to adopt additional regulations implementing this chapter. Any such regulations shall be published on the town's website and publicly available upon request.

(Ord. 2019-426, § 1, 2019)

All wireless communications facilities shall at all times comply with the operation and maintenance standards provided for in and unique conditions of use permit approval and the basic standards, development standards and standard conditions of approval set forth in Sections 18.41.080A., B., and C. of this chapter. Failure to comply shall be considered a violation of conditions of approval subject to enforcement pursuant to provisions of this title, revocation or modification pursuant to Chapter 18.72 of this title, or any other applicable provision of law. Further, subject to these same enforcement provisions, all wireless communications facilities shall at all times comply with the following standards:

A.

Any physical modification of an existing facility permitted pursuant to the provisions of this chapter, shall require the applicant to apply for a conditional use permit or small wireless permit amendment for such modification unless the planning and building director determines that the modification is minor and in substantial compliance with the general framework of the approved permit. If the planning and building

director determines that the proposed modification is minor, and that an amendment to the use permit is not required, the planning and building director may, nonetheless, require additional landscaping or other stipulations in line with the scope of the modifications to ensure the facilities continue to be used consistent with provisions of the approved use permit.

B.

Each owner or operator of a wireless communications facility shall provide signage identifying the name, site number or other unique identifier, and local or toll-free phone number of a party to contact at any time regarding the facility. Such signage shall be placed at a location where it can be readily viewed without entering any fenced or secured area of the facility and shall be subject to review and approval by the ASCC.

C.

Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of eight a.m. and five-thirty p.m. on Monday through Friday, excluding legal holidays. Backup power generators shall only be operated during periods of power outages or for testing. At no time shall equipment noise from any source exceed the standards specified in Chapter 9.10 (noise control) of the Portola Valley Municipal Code.

(Ord. 2019-426, § 1, 2019)

A. Every wireless communications facility shall at any and all times comply with the FCC's Office of Engineering and Technology Bulletin 65, and all other FCC rules. In order to ensure continuing compliance with the conditions of permit approval, all wireless communications facilities shall be reviewed by a town approved radio frequency expert in accord with the schedule and procedures set forth below. All costs of such inspections and expert review shall be borne by the permittee. The permittee shall provide a deposit for such reviews and promptly reimburse the town for the cost of such expert inspection and review that exceeds the deposit amount. The town may require, at the permittee's expense, independent verification of the results of any analysis. If a permittee fails to supply the required reports or fails to correct a violation of any condition of permit approval following notification, the conditional use permit is subject to modification or revocation by the planning commission pursuant to Section 18.72.240 of this title.

1.

Within forty-five days of initial operation, and all modifications thereafter, of a wireless communications facility, the permittee shall submit written certification of compliance with the approved application, any applicable FCC radio-frequency requirements, and all conditions of permit approval to the planning and building director.

2.

For every wireless communication facility site authorized by a conditional use permit or minor wireless permit, once each year the town may retain, at the permittees expense, a town approved radio frequency expert to conduct an unannounced radio frequency emissions evaluation of the wireless communications

facility's compliance with the approved application, any required radio frequency emissions conditions and all conditions of permit approval.

3.

The town may reasonably require inspection of a tower (including all facilities attached to the tower) by a licensed structural engineer following significant storms, seismic events, or other events, which may jeopardize the structural integrity of the towers (or the facilities attached to the towers). Such inspections shall be at the applicant's cost, and the engineer's written report, with original signature, shall be provided to the town within the time specified by the planning and building director.

4.

If the planning and building director at any time finds that there is good cause to believe that a wireless communications facility is not in compliance with applicable FCC radio-frequency standards, the planning and building director may require the provider to submit written certification that the facility is in compliance with such FCC standards, supported by technically adequate documentation.

B.

The provider of any wireless communications facility that was approved by the town before the effective date of this chapter, shall submit within six months from the date of notification, to the planning and building director, written certification that the facility is in compliance with the approved application, any required conditions of permit approval and applicable FCC radio-frequency requirements, to be reviewed by the town's approved radio frequency expert. Permittee shall promptly reimburse the town for the cost of such expert review. If the facility does not comply with the conditions of permit approval or applicable FCC requirements, the provider shall cease operation of the facility until the facility is brought into compliance. In order to assure the objectivity of the analysis, the town may require, at the applicant's expense, independent verification of the results of the analysis.

C.

Any wireless communications facility that was approved by the town prior to the effective date of this section, and continues to operate within the conditions of the approved permit, and which does not comply with this section on the date of its adoption shall be considered a lawful non-conforming use provided that the provider of such facility submits the information required in subsection B. of this section. Upon application for any permit extension or modification, however, the lawful non-conforming use shall be subject to the provisions of this chapter.

D.

Failure to submit the information required in this section will be considered a violation of the zoning ordinance. Any facility found in violation is subject to revocation or modification pursuant to Chapter 18.72 of this title.

E.

Radio frequency emissions evaluations filed by wireless service providers shall be retained by the town and shall be available to the public upon request.

(Ord. 2019-426, § 1, 2019)

• A. Duration of Permits and Approvals.

1.

Actual construction of a wireless communications facility pursuant to an approved conditional use permit or minor wireless permit must be initiated within one year from the date of final approval. If actual construction has not begun within one year from the date of final approval, the permit shall be deemed expired, and all rights granted pursuant to the permit shall be revoked; provided, however the approving body may renew any such permit for up to a single one-year period if a request to renew is received by the town at least sixty calendar days before the approvals lapse.

2.

An approved wireless communications facility must be fully constructed and activated within one year from the date of final approval. If not fully constructed and activated within two years from the date of final approval, the permit shall be deemed expired, and all rights granted pursuant to the permit shall be revoked.

3.

In the event that the planning and building director finds that the applicant has not maintained the facility in compliance with all applicable federal, state or Portola Valley Municipal Code requirements and conditions of approval, the planning and building director may recommend that the planning commission initiate a revocation procedure as provided by Section 18.72.240 of this title.

4.

Costs associated with the process of monitoring compliance, reevaluation of a conditional use permit or minor wireless permit, and extension, revocation or modification of approval shall be borne by the permittee.

B.

Discontinuance of Use. All equipment and improvements associated with a wireless communications facility shall be removed within ninety days of the discontinuation of the use and the site shall be restored to its original, preconstruction condition, or as approved by the planning and building director upon review and recommendation of the ASCC. Written verification of the removal of wireless communications facilities on private property shall be provided to the planning and building director within ninety days of the discontinuation of the use.

If the provider fails to remove the wireless communications facilities from the site as required herein, the property owner shall be responsible for removal. If such facilities are not removed, the site shall be deemed to be a public nuisance and the town may take such action as is it deems appropriate to abate the public nuisance in accordance with provisions of this code and any other applicable provision of law.

2.

Failure to inform the planning and building director of cessation of operations of any existing facility shall constitute a violation of the zoning ordinance and be grounds for:

a.

Civil prosecution;

b.

Revocation or modification of the permit pursuant to Section 18.72.240 of this title; and/or

c.

Removal of the facilities by the town at the property owner's expense, which may result in a lien on the property.

C.

Existing Uses. All equipment and improvements associated with a wireless communications facility permitted as of the date of passage of this chapter that are consistent with the provisions of the conditional use permit for such facility, shall be allowed to continue as they presently exist, but will be considered legal nonconforming uses insofar as they do not comply with standards stated in this section. Maintenance of the facilities consistent with the provisions of the conditional use permit shall be permitted. However, any extension of a conditional use permit life and all alterations or new construction, other than routine and/or required maintenance on existing towers, antennas, buildings, or other facilities shall comply with the requirements of this chapter.

(Ord. 2019-426, § 1, 2019)

CHAPTER 18.42 - ACCESSORY STRUCTURES

Except as provided in Section 18.42.030, detached accessory structures shall conform with the yard, height, and coverage requirements set forth in Chapters 18.42 and 18.48 through 18.60.

(Ord. 1967-80 § 1 (6207.1), 1967)

Entryway features are subject to the following limitations:

A.

In residential zoning districts requiring a parcel area of one acre or more, entryway features consisting of, but not limited to, pillars, posts, gates and appurtenances thereto, including lighting, but excepting mail boxes, shall be set back from the road right-of-way a distance equal to at least one-half of the required front yard.

B.

Free-standing mail boxes are permitted on private property provided they are of a U.S. government approved type and supported by a structure with a cross-section that does not exceed one half of the cross section of the bottom of the mail box. Alternate designs require ASCC approval.

C.

Entryway features that require a building permit are subject to approval by the ASCC.

D.

Entryway features that are remodeled, or are rebuilt following removal or damage to fifty percent or more of the value of the feature, must conform to the requirements for new entryway features.

(Ord. 2001-338 § 1 (part), 2001)

Outdoor lighting for all accessory structures shall conform to Section 18.36.040.A.8, outdoor illumination, of the Portola Valley Municipal Code.

(Ord. 2018-424, § 2, 2018; Ord. 2001-338 § 2 (part), 2001)

A. In R districts, no accessory building shall be located closer to the nearest part of a main building than ten feet.

B.

Accessory structures used for the housing of livestock shall conform with the additional requirements of other ordinances of the town regulating structures for livestock.

(Ord. 1967-80 § 1 (6207.2), 1967)

Ornamental garden structures which do not exceed twelve feet in height may occupy required yard areas provided that, in case of structures exceeding four feet in height, the building coverage does not exceed five percent of the area of the required front yard, ten percent of required side and rear yards, and that on corner lots such structures shall not exceed four feet in height if located within fifty feet of the intersected street lines.

(Ord. 1967-80 § 1 (6207.3), 1967)

Fences may be located within required yard areas subject to the following provisions.

A.

Fences in Residential, Mountainous-Residential (M-R) and Open-Area (O-A) zoning districts are subject to the provisions of Chapter 18.43.

B.

Fences in all zoning districts other than Residential, Mountainous-Residential (M-R) and Open-Area (O-A) zoning districts are subject to the following height limits for the fence and any appurtenances:

1.

When located in any required front yard or required side yard abutting a street right-of-way, the limit is four feet.

2.

When located in any required rear or interior side yard, the limit is six feet.

(Ord. 2008-372 § 1, 2008; Ord. 2005-360 § 2, 2005; Ord. 2001-338 § 3 (part), 2001; Ord. 1988-242 § 2 (Exh. A) (part), 1988; Ord. 1967-80 § 1 (6207.4), 1967)

18.42.050 - Exceptions to requirements—Antennas designed to receive television or microwave signals transmitted from satellite or terrestrial stations.

Antennas designed to receive television or microwave signals transmitted from satellite or terrestrial stations may be located in required side or rear yard areas; provided, that the location is found appropriate and approved by the architectural and site plan review requirements of Chapter 18.64. Further, the ASCC may approve a proposed side or rear yard location only if it makes the following findings:

A.

There is no reasonable alternative location on the site that conforms with required setbacks, is or can be screened so as to not be high visible from important viewing areas on nearby properties, and has at least equivalent access to necessary television or microwave signals;

B.

The siting will not adversely impact emergency access;

C.

The antenna location and structure, including design, height, color, etc., will not be highly visible from important viewing areas on nearby properties;

D.

If existing vegetation, relied upon for antenna screening, is removed, the antenna will not become highly visible from important viewing areas on nearby properties.

(Ord. 1995-282 § 1 Exh. A (part), 1995)

CHAPTER 18.43 - FENCES

The purpose of the fence regulations is to ensure that fences in required yards in residential zoning districts conform to the following principles:

•

Fences should be designed with consideration for the open space tradition of Portola Valley.

•

Fences should be used sparingly in order to preserve a sense of the shared scenic resources of the community.

•

Fences should be designed with respect for the movement of wildlife and the protection of views.

•

Fence designs and materials should blend with the natural environment and maintain the natural and rural ambiance of the town.

The above principles shall be followed by residents, town planning staff and the ASCC when designing or developing fences or considering fence permit applications.

(Ord. 2005-360, § 3, 2005)

18.43.020 - Location.

A. In residential zoning districts fences may be erected in the following locations:

1.

In districts requiring a minimum parcel area of less than one acre, domestic fences or fences consistent with the standards of a horse fence are allowed in required yards, including along property lines.

2.

In districts requiring a minimum parcel area of one acre, domestic fences or horse fences are allowed in required yards, including along property lines, except that a domestic fence in a front yard must be set back at least twenty-five feet from the front property line.

In districts requiring a minimum parcel area of two acres or more, only horse fences are allowed in required yards, including along property lines.

4.

In addition to the above limitations, in districts requiring a minimum parcel area of one acre or more, domestic fences and horse fences in required yards shall be allowed only on slopes of twenty percent or less.

5.

Along riparian corridors, fences shall be set back a minimum of twenty feet from the top of a creek bank. The top of the creek bank shall be determined on a case-by-case basis by Town Planning staff or the ASCC based on physical inspection of site conditions.

6.

Double fencing (where two or more fences are placed parallel to one another often for the purpose of deterring deer or other animals) must be located within the building envelope of a parcel.

(Ord. 2005-360, § 3, 2005)

A. The height of a fence is the vertical distance measured from the surface of the actual adjoining ground to the top of the fence. For the purpose of applying height regulations, the average height of the fence along any unbroken run may be used, provided the height at any point is not more than ten percent greater than that normally permitted.

B.

Fences in residential zoning districts are subject to the following height limits:

1.

Fence heights shall not exceed four feet in front yards, six feet in side and rear yards, and four feet in side yards along road rights-of-way.

2.

Horse fences shall not exceed four feet in height.

3.

Fences adjacent to public trails and paths in districts requiring a minimum parcel area of one acre or more shall not exceed four feet in height.

C.

A fence of normally permitted height under this section shall not be placed on top of fill designed so as to effectively increase the elevation of the top of the fence.

D.

The height of a retaining wall, or a retaining wall with a fence erected on top of it, is measured from the exposed bottom of the wall to the top of the wall/fence.

E.

The height of a fence placed on top of a fill supported by a retaining wall is measured from the top of the natural grade directly below the wall to the top of the fence.

(Ord. 2005-360, § 3, 2005)

A. Fences are subject to the following fence opacity limits:

1.

In districts requiring a minimum parcel area of less than one acre, fences in front yards shall not exceed fifty percent opacity.

2.

In districts requiring a minimum parcel area of one acre, domestic fences in front yards shall not exceed fifty percent opacity.

3.

Fences in side yards adjacent to road rights-of-way shall not exceed fifty percent opacity.

4.

Horse fences shall not exceed fifty percent opacity.

5.

Fences adjacent to public trails and paths in districts requiring a minimum parcel area of one acre or more shall not exceed fifty percent opacity.

6.

Fence members shall not exceed a six inch width when viewed perpendicularly to the plane of the fence for fences subject to an opacity limit.

7.

Retaining walls are exempt from opacity limits.

(Ord. 2005-360, § 3, 2005)

A. The reflectivity value for colors used on fences shall not exceed forty percent, except that naturally weathered wood may exceed such limit.

(Ord. 2005-360, § 3, 2005)

A. Horse fences shall conform to the following standards:

1.

There shall be no more than three horizontal wood members, each not to exceed six inches in width or no more than four horizontal wood or wire members, each wood member not to exceed four and a half inches in width.

2.

The cross sections of posts must not exceed six inches by six inches; such posts shall not exceed four feet in height and shall be spaced no closer than five feet apart.

3.

Six inch by six inch wire mesh may be attached to a horse fence but shall not exceed the height of the horse fence. Nothing else shall be attached to a horse fence that would violate the standards set forth in Section 18.43.060A and/or alter the visual characteristics of the horse fence.

4.

Horse fence opacity shall not exceed fifty percent. See Section 18.43.040.A.4.

5.

Horse fences shall not exceed four feet in height. See Section 18.43.030.B.2.

B.

Gates attached to horse fences are exempted from Section 18.43.060.A.1.—3., but shall conform to height and opacity standards for horse fences and be of a similar design as a horse fence.

C.

Horse fences that are also used as corral and pasture fences, must, in addition, comply with special requirements as set forth in the town stable ordinance

(Ord. 2005-360, § 3, 2005; Ord. 1988-242 Section 2 (Ex. A) (part), 1988; Ord. 1967-80 Section 1 (6207.4), 1967; Ord. 2001-338 Section 3 (part), 2001).

Entryway features, including gates, must adhere to the setback requirements set forth in Section 18.42.016.

(Ord. 2005-360, § 3, 2005)

A. Fence permits are required for construction of all fences built within required yards, except as otherwise specified in this section. Fence permit applications shall be made on a form provided by the town planning staff and shall be accompanied by plans demonstrating the design and materials of the proposed fence, the location of the proposed fence and any associated landscaping. A fee shall be paid to cover the cost of review by town planning staff, or on referral, by the town planner. Prior to approving a fence permit, town planning staff shall give written notice to owners of adjoining properties of the permit application. Prior to acting on a permit, town planning staff shall review the proposed design and location in the field, review the plans for conformance with the zoning ordinance and design guidelines, and consider comments from owner(s) of adjoining properties. Town planning staff may take action on a permit or refer it to the ASCC. Written notification shall be given to owner(s) of adjoining properties at least six days prior to action by town planning staff or the ASCC.

1.

Any town planning staff decision may be appealed within fifteen days of the decision by an applicant or an owner of adjacent property to the ASCC.

2.

Any ASCC decision may be appealed within fifteen days of the decision by the applicant or an owner of adjacent property to the board of adjustment.

B.

Fences within required yards that are no more than two feet in height, and no more than twenty feet in total length shall be exempt from this section but shall meet all other provisions of this chapter except Section 18.43.040 regarding opacity.

C.

The ASCC shall have the authority to review existing fences and fence permit applications under the following conditions:

1.

Upon referral from town planning staff, pursuant to Section 18.43.080A.

2.

When acting on architectural review and site development permits, the ASCC shall consider and may require modifications to existing fencing on a property if the ASCC determines that there is a substantial modification to an existing residence or the site improvements of the property. If, in these situations, the ASCC determines that the existing fencing is not in conformity with current fencing standards, the ASCC may require conformity with the fencing regulations. In requiring conformity, the ASCC shall make the

finding that the modified or replacement fencing will not result in an adverse effect on neighboring properties and reasonably adheres to the purposes of this chapter.

3.

When a fence permit application demonstrates that the proposed fence cannot conform to the regulations given the conditions on the parcel, the ASCC may grant relief from the fence regulations. In making such determination, the ASCC shall as much as reasonably possible ensure the proposed fence achieves the purpose and principles of this chapter set forth in Section 18.43.010.

4.

When a fence permit application is submitted for a proposed fence in the Mountainous-Residential (M-R) or Open-Area (O-A) zoning districts, the ASCC shall, with input from the conservation committee, make a determination of compliance based on the purposes of this chapter and the fence design guidelines adopted by the town council.

D.

When a portion of a fence exceeding twenty-five percent of the total length of fencing within required yards on a property is damaged or voluntarily removed, any replacement fencing of that portion shall conform to the fence regulations pursuant to a fence permit.

E.

A fence permit becomes null and void if not exercised within one year following the date the fence permit is approved, except:

1.

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

(Ord. 2012-397 § 3, 2012; Ord. 2005-360, § 3, 2005)

CHAPTER 18.44 - PLANNED UNIT DEVELOPMENT

Planned unit developments are permitted in order to allow diversification in use and in the relationships of various buildings, structures, and open spaces in building groups and variations in the allowable heights of buildings and structures, while insuring substantial compliance with the provisions of this title. In addition, planned unit developments are intended to achieve a higher quality of development through better adjustment to terrain and greater preservation of natural features than could otherwise be achieved, while still maintaining privacy for individual homesites. It is the intent of this chapter to require that adequate standards related to the public health, safety, and general welfare be observed without imposing undue restrictions on developers attempting to secure the advantages of comprehensive site planning for coordinating residential or commercial development. Where use is made of the planned unit development

process, as provided in this chapter, a zoning permit shall not be issued for the development, or any part thereof, until the development has been approved as herein provided.

(Ord. 1967-80 § 1 (6111), 1967)

The procedures set forth in Sections 18.44.030 through 18.44.090 shall apply to the establishment of a planned unit development in any zoning district wherein it is a permitted use.

(Ord. 1967-80 § 1 (6111.1), 1967)

Application shall be made for a conditional use permit in accordance with Chapter 18.72 and shall be accompanied by the required information.

(Ord. 1967-80 § 1 (6111.2), 1967)

Action on application for a conditional use permit to allow the establishment of a planned unit development shall be as specified in Chapters 18.72 and 18.76. Plans and other information submitted with the

application shall be referred to the town planner, building inspector, town engineer, a member of the architectural and site control commission, and the fire chief, for review. These officials, through the town planner, shall report their findings and recommendations to the planning commission.

(Ord. 1967-80 § 1 (6111.3), 1967)

Planned unit developments in all districts shall comply with the following requirements:

A.

The parcel on which the development is to be located shall be in one ownership and include an area of at least ten acres or be bounded on all sides by streets, public open spaces, boundary lines of less restricted zoning districts, or other conditions which the planning commission finds makes the parcel more desirable to develop as a single unit.

B.

The proposed development shall be designed to produce an environment of stable and desirable character in harmony with the character of the surrounding area.

C.

The arrangement of buildings on the site shall be such as to provide standards of light, air, and privacy at least equivalent to the standards required under this title for lots developed individually. The spacing between main buildings shall be at least equivalent to the spacing which would be required between

buildings similarly developed under the terms of this title on separate parcels, due consideration being given to building height and to the openness normally afforded by intervening streets. In R-1 districts this requirement for space between buildings may be waived if the planning commission finds that reduction or elimination of space between main buildings will result in significant advantages in preserving natural features and adaptation to terrain, and provide standards of light, air and privacy at least equivalent to those otherwise prevailing in the district.

D.

The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed. Vehicular entrances and exits shall be carefully located and designed to minimize traffic hazards. The unit development plan shall provide for safe, convenient internal circulation, pedestrian and vehicular.

E.

A common area which is intended to serve a planned unit development shall be held as one parcel in which the owner of each parcel served by the common area in the planned unit development shall have an undivided interest. An appropriate open space or conservation easement covering the common area and suitable to the town shall be dedicated to the town. Guarantees suitable to the town shall be made to assure the continued maintenance of such common areas. All residential open space preserves shown on the town general plan shall be designated as common areas at the time of development and shall be treated as required by this chapter.

F.

A planned unit development in a P-C district shall conform with the approved general development plan and general development schedule for the P-C district in which located.

G.

A planned unit development in any district other than a P-C district shall conform with all requirements of this title for such district except as otherwise specifically permitted by this chapter. Planned unit developments in districts other than P-C districts shall in addition to other requirements comply with the following:

1.

Yards not less in dimension than required in the combining district in which situated shall be provided along the parcel lines bounding each planned unit development.

(Ord. 1971-113 § 2, 1971; Ord. 1967-80 § 1 (6111.4), 1967)

18.44.060 - Residential planned unit development—Requirements.

A. A residential planned unit development is a development planned and executed as a unit and consisting of single-family dwellings, together with related uses serving only the individual planned unit development.

B.

The development may include a community stable and shall include the provision for park and recreation areas adequate to meet the needs of the anticipated population of the development, and such open areas, wooded conservation areas and residential open space preserves as may be specified in the general plan, or in the approved general development plan and general development schedule for any P-C district.

C.

A planned unit development which involves a division of land into two or more parcels shall comply with the ordinances of the town regulating the division of land.

D.

Buildings and other structures shall be located on the site in accordance with the approved planned unit development plan and thereafter such plan shall govern.

E.

The area of any individual building site shall not be less than permitted by subsection B of Section 18.50.050.

F.

Parking spaces shall be provided consistent with Section 18.60.110 in a garage or carport and adequate parking space for visitors shall be provided in reasonable proximity to each dwelling unit.

G.

The maximum amount of impervious surface on parcels in a planned unit development may be established for the planned unit development.

H.

Affordable Housing. On lots to be developed for housing pursuant to Section 17.20.215, up to four attached or detached affordable dwelling units may be allowed on a parcel, provided, that the combined floor area of these units does not exceed that which would otherwise be permitted were the parcel developed for a single-family residence.

I.

Multifamily Affordable Housing. A residential planned unit development may be developed to provide multifamily affordable housing consistent with Section 2482 of the Housing Element of the General Plan.

J.

Housing in C-C and A-P Districts. In C-C and A-P districts on those parcels identified in either the Nathhorst Triangle Area Plan or the Village Square Area Plan as suitable for housing, detached or attached single-family homes may be permitted. The PUD shall establish the number of dwelling units, floor area, impervious surface, parking, height and setback limits which are compatible with adjoining and nearby existing and permitted uses. The distances between main buildings as provided for in Section 18.44.050 may be modified in the same way as that section permits modifications in R-1 districts. Such permit may

also establish limits on occupancy of such dwellings. A PUD for this purpose may be combined with a commercial or administrative-professional PUD.

K.

The figure of eighty-five percent, which limits the size of a single building on a parcel, as found on line 7 of Table 1A, may be modified as a part of a planned unit development.

(Ord. 1998-312 § 1, 1998; Ord. 1995-285 § 1 Exh. A (part), 1995: Ord. 1992-272 § 1 (part), 1992; Ord. 1991261 §§ 3, 4, 1991; Ord. 1979-166 § 7, 1979; Ord. 1967-80 § (6111.5), 1967)

18.44.070 - Commercial and administrative-professional planned unit developments—Requirements.

A. A commercial or administrative-professional planned unit development is a development planned and executed as a unit and consisting of commercial uses together with related uses.

B.

The development shall make adequate provision for delivery and shipment of materials by truck; standing space for service vehicles; and parking for visitors, clients, customers and employees. In no case shall a lesser number of parking or loading spaces be provided than required by Chapter 18.60.

C.

Noise, dust, odor, smoke and vibration shall be limited or controlled so as not to be detrimental to uses within the development or on adjoining properties.

D.

Buildings and other structures shall be located on the site in accordance with the approved planned unit development thereafter such plan shall govern. Where a commercial or administrative-professional planned unit development is contiguous with a community-commercial or administrative-professional district, the required yard may be reduced below the normal required yard, provided the resulting design between the two properties is found to be consistent in terms of light, air and privacy with the purposes and intent of the districts.

(Ord. 1992-272 § 1 (part), 1992; Ord. 1990-250 § 2 (Exh. A) (part), 1990; Ord. 1967-80 § 1 (6111.6), 1967)

A planned unit development plan and any requirement imposed as a condition of granting a conditional use permit therefor, may be amended or modified on application by the landowner; or proceedings to amend or modify the conditional use permit may be initiated by the planning commission or the council. The procedure for an amendment or modification shall be the same as that for acting on the original application.

(Ord. 1967-80 § 1 (6111.7), 1967)

18.44.090 - Time limit.

Unless an extension of time is granted by the planning commission, a conditional use permit for a planned unit development shall be void if no development has started and there has been no substantial progress within one year from the date the conditional use permit was granted.

(Ord. 1967-80 § 1 (6111.8), 1967)

CHAPTER 18.46 - NONCONFORMING STRUCTURES AND USES[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 2008-374, § 2, adopted May 28, 2008, amended chapter 18.46 in its entirety to read as herein set out. Former chapter 18.46, pertained to similar subject matter and derived from Ord. 1995-285 § 1 Exh. A(part), 1995; Ord. 1994-278 § 1, 1994; Ord. 1991-263 § 8, 1991; Ord. 1988-242 § 2 (Exh. A) (part), 1988; Ord. 1979-166 § 6 (part), 1979; Ord. 1969-99 §§ 1, (part) 3 (part), 1969; Ord. 1967-80 § 1 (6110.1—6110.8), 1967.

18.46.010 - Continuation of existing nonconforming structures and uses.

Except as specified in this title, any legally existing nonconforming structure or nonconforming use, may be continued even though such structure or use may not conform to the provisions of this title for the district in which it is located.

(Ord. 2008-374 § 2, 2008)

18.46.020 - Repairs to nonconforming structure or structure occupied by a nonconforming use.

Such repairs and maintenance work as are required to keep a nonconforming structure or a structure occupied by a nonconforming use in sound condition may be made to such nonconforming structure or structure occupied by a nonconforming use. If a structure or portion thereof is voluntarily or involuntarily demolished as part of repairs or maintenance, Sections 18.46.030 and 18.46.040 govern.

(Ord. 2008-374 § 2, 2008)

18.46.030 - Replacement of involuntarily damaged or destroyed nonconforming structure or structure occupied by a nonconforming use.

A. A nonconforming structure or a structure occupied by a nonconforming use that is involuntarily damaged to less than fifty percent of the structure's current appraised value at the time of damage, may be repaired or reconstructed up to the same height, floor area, building coverage, yard, special building setbacks and impervious surfaces that existed prior to the structure being damaged, provided all other provisions of the zoning regulations are complied with and the extent of the nonconformity is not enlarged.

B.

If damage meets or exceeds fifty percent of a structure's current appraised value at the time of damage, and such structure complied with height and floor area limitations when constructed or was legalized through the provisions of the town's former second unit amnesty program, such structure may be

reconstructed or replaced up to the same height, floor area, building coverage and impervious surfaces that existed prior to the structure being damaged, provided all other provisions of the zoning regulations are complied with, the extent of nonconformity is not enlarged and the design is approved by the architectural and site control commission as provided for in Chapter 18.64. In all other cases, if damage meets or exceeds fifty percent of a structure's appraised value, restoration or reconstruction of such structure shall conform to all other provisions of the zoning regulations in effect at the time of such restoration or reconstruction.

C.

For the purpose of this chapter, involuntary damage is defined as damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or force majeure.

D.

Unless otherwise stated, this provision does not apply to buildings addressed in Section 18.46.050 or 18.46.051.

E.

The current appraised value of a structure shall be prepared by an independent appraiser, retained by the property owner and approved by the town.

(Ord. 2011-390 § 10, 2011; Ord. 2010-387 § 1, 2010; Ord. 2008-374 § 2, 2008)

18.46.040 - Voluntary demolition of nonconforming structure or any portion thereof.

When a nonconforming structure or any portion thereof is voluntarily demolished and the reconstruction meets or exceeds fifty percent of the structure's current appraised value, such structure shall adhere to all current requirements of the zoning regulations. If demolished less than fifty percent of the current appraised value, the provisions of Section 18.46.030A. govern as if it were involuntarily damaged. Notwithstanding the foregoing sentence, a building for human occupancy within an earthquake fault setback is governed by Sections 18.46.051A. through D.

(Ord. 2010-387 § 2, 2010; Ord. 2008-374 § 2, 2008)

18.46.050 - Repair, reconstruction or replacement of involuntarily damaged buildings in earthquake fault setbacks.

A building for human occupancy that does not conform to special building setback lines - EF (earthquake fault) and is damaged by any cause, including but not limited to earthquake, fire or flood, and the damage meets or exceeds fifty percent of the structure's current appraised value as defined by Section 18.46.030 at the time of damage, if rebuilt, shall conform to the following provisions of this section. If damaged less than fifty percent of the current appraised value of the structure, the provisions of Section 18.46.051 govern.

1.

If damage is caused by other than fault rupture, the building shall:

a.

Conform to the required fault setback; or

b.

Be located a minimum of fifty feet from the most recent active fault which has been located by a geologic study undertaken for the property and approved by the town; or

c.

Occupy a site which a geologic study has demonstrated to be clear of the hazard of surface fault rupture for a distance of fifty feet toward the closest mapped fault trace.

2.

If damage is caused by fault rupture, the property owner shall undertake a geologic study to document in detail the character and width of the recently broken rupture zone and the structure shall be rebuilt at least fifty feet from the fault rupture zone.

3.

Buildings are not required to conform to locations specified in subsections 1. and 2. of this section if any of the following circumstances exist and in such case a lesser setback shall be permitted by the planning commission:

a.

Locations conforming with subsections 1. or 2. of this section do not provide a significantly greater amount of safety from fault offset or other geologic hazards than a location within the fault setback; or

b.

There is no location for rebuilding which conforms to the fault setback, required side or rear yards, or such yards as might be modified by approval of a variance; or

c.

Total cost to a property owner to conform to the requirements of subsections 1. or 2. exceeds thirty-five percent of the current appraised value of the structure(s) prior to damage. A property owner, in addition, shall submit financial information comparing the total costs of rebuilding the damaged building(s) in the existing location(s) with the total costs of rebuilding a comparable building(s) in a location conforming with the requirements of this section. Total costs shall include but not be limited to geologic and structural engineering studies, design costs, demolition costs and construction costs. The current value and other financial information shall be prepared by an independent appraiser retained by the property owner and approved by the town council.

4.

In the event a lesser setback is authorized by subdivision 3. a., b. or c. of this section, the amount of setback reduction shall be determined by the planning commission upon submission of such geologic information as the town may require and as advised by the town geologist. The reduction shall be the minimum necessary to allow the rebuilding of a similar building to the one that was damaged. If reconstruction takes place over a fault trace or fault rupture zone, an engineering study shall be submitted by the applicant to determine the risk of collapse from fault rupture and to specify measures to reduce such risk to an acceptable level. Such measures shall be adhered to in building construction. A replacement building shall conform to building code and site development requirements in effect at the time of replacement.

5.

The terms "rebuilt" or "rebuilding," as used in this section do not necessarily mean that a building will be allowed to be rebuilt in the same size and configuration as it existed prior to damage if modifications are necessary to increase safety from earthquake faulting or other geologic hazards.

6.

The provisions of this section do not and shall not be interpreted to preclude rebuilding on a parcel due solely to a lack of compliance with fault setbacks, provided that, a building for human occupancy shall not be built across an active fault trace. The final design for rebuilding requires approval by the town council. In such a case, the best possible geotechnical and structural engineering solution will be required.

(Ord. 2010-387 § 2, 2010; Ord. 2008-374 § 2, 2008)

Editor's note— Ord. 2010-387, § 2, adopted Oct. 27, 2010, changed the title of § 18.46.050 from "Replacement of buildings in earthquake fault setbacks" to "Repair, reconstruction or replacement of involuntarily damaged buildings in earthquake fault setbacks."

18.46.051 - Voluntary repair, alteration and remodeling of buildings in earthquake fault setbacks.

The following provisions relate to buildings for human occupancy in existence prior to the effective date of this provision (October 27, 2010) that do not conform to special building setback lines - EF (earthquake fault) as provided for in Section 18.58.030.

A.

All changes to buildings addressed in [subsections] B. through D. below may not exceed the same height, floor area, building coverage, yard, special building setback other than for earthquake faults, and impervious surface limits that existed prior to change or damage except as otherwise permitted by [subsection] C. below.

B.

Buildings within fault setbacks that cross a fault trace may be repaired, altered and remodeled but not enlarged provided the costs, other than for seismic upgrades, do not exceed fifty percent of the appraised value of the building, and the construction work incorporates seismic strengthening as recommended by

the building inspector and town geologist as being reasonably commensurate with the work subject to the building permit.

C.

Buildings within fault setbacks that do not cross a fault trace may be repaired, altered, remodeled and enlarged by up to four hundred square feet provided the costs, other than for seismic upgrades, do not exceed fifty percent of the appraised value of the building, and the construction work incorporates seismic strengthening as recommended by the building inspector and town geologist as being reasonably commensurate with the work subject to the building permit. Such increase in floor area shall not cause the building to exceed the floor area limits of the zoning ordinance in effect at the time of the application.

D.

Buildings that cross a fault setback may be repaired, altered and remodeled provided the costs, other than for seismic upgrades, do not exceed fifty percent of the appraised value of the building. Also, an addition outside of the setback is permitted provided the existing building and the addition consist of two buildings that are structurally independent or are of appropriate design so that fault movement under the building partially within the fault setback likely will not result in fault-caused damage to the addition as determined

ed fifty percent of the appraised value of the building. Also, an addition outside of the setback is permitted provided the existing building and the addition consist of two buildings that are structurally independent or are of appropriate design so that fault movement under the building partially within the fault setback likely will not result in fault-caused damage to the addition as determined

by the town geologist and building inspector. Changes to the building partially within the setback and the addition should conform to building code standards in effect at the time of the building permit application, and construction work shall incorporate seismic strengthening as recommended by the building inspector and town geologist as being reasonably commensurate with the work subject to the building permit. An addition outside the fault setback shall not cause the existing building and addition to cumulatively exceed the floor area limits in effect at the time of the application.

(Ord. 2010-387 § 4, 2010)

Except for those conditional uses permitted under this title for which a use permit was granted by the town prior to the adoption of the regulations codified in this title, any use existing on August 17, 1967, which is listed as a conditional use in the district wherein located, shall be and remain a nonconforming use until a conditional use permit is obtained as provided in this title.

(Ord. 2008-374 § 2, 2008)

No existing structure occupied by a use not permitted by this title in the district in which such structure is located shall be enlarged, extended, reconstructed, substituted or structurally altered except when required to do so by law or order, unless the use thereof is changed to a use permitted in the district in which such structure is located, except as herein provided. The land area occupied by a nonconforming use on any parcel shall not be increased. No nonconforming use shall be expanded, changed in character, intensified or change its hours of operation except as set forth in Section 18.46.080 below.

(Ord. 2008-374 § 2, 2008)

18.46.080 - Substitution, change or extension of a nonconforming use.

A. When authorized by the planning commission as a conditional use, in accordance with the provision of Chapter 18.72, the substitution of one nonconforming use for another nonconforming use of a similar or less intensive character may be made.

B.

When authorized by the planning commission as a conditional use, in accordance with the provision of Chapter 18.72, the character, intensity and hours of operation of a nonconforming use may be modified.

C.

Whenever a nonconforming use has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.

D.

When authorized by the planning commission as a conditional use, in accordance with the provisions of Chapter 18.72, a nonconforming use may be extended throughout those existing parts of a building which were manifestly designed or arranged for such nonconforming use prior to the date when such use of such building became nonconforming, provided that no structural alterations, except those required by law, are made therein.

(Ord. 2008-374 § 2, 2008)

18.46.090 - Discontinuance due to cessation of a nonconforming use.

A. Structure designed for a nonconforming use. Where the nonconforming use of a structure, which was originally designed for a nonconforming use, has ceased for twelve months or more, such structure shall not thereafter be put to a nonconforming use.

B.

Structure not designed for nonconforming use. Where the nonconforming use of a structure, which was originally designed for a conforming use, has ceased for six months or more, such structure shall not thereafter be put to a nonconforming use.

C.

Nonconforming use of land. Where the nonconforming use of land involving no structures other than minor structures such as fences and signs or buildings less than four hundred square feet in floor area, has ceased for ninety days or more, such land shall not thereafter be put to a nonconforming use.

D.

Cessation for use defined. A use shall be deemed to have ceased when it has been discontinued either temporarily or permanently, whether with the intent to abandon the use or not.

(Ord. 2008-374 § 2, 2008)

CHAPTER 18.48 - PARCEL AREA, OPEN SPACE AND BULK—BASIC REQUIREMENTS

The following tables, Table 1 and Table 2, set forth the basic parcel area, open space and bulk regulations which apply to all districts. These basic regulations are further defined and supplemented by additional requirements and exceptions in subsequent chapters. For convenience, the numbers of these chapters are set forth in column headings in the tables.

TABLE NO. 1

BASIC AREA, OPEN SPACE, BULK AND DENSITY REGULATIONS FOR RESIDENTIAL DENSITY COMBINING DISTRICTS

* See Section 18.54.020 (B)

a) To determine the maximum amount of floor area or impervious surface permitted on a parcel, the figures from Table 1 must be inserted in Tables 1A and 1B to determine the Adjusted Maximum Floor Area and Adjusted Maximum Impervious surface. The Adjusted Maximum Floor Area and Adjusted Maximum Impervious Surface figures then supersede the Maximum Floor Area and Maximum Impervious Surface figures from Table 1.

b) For parcels over 7-1/2 acres and up to 10 acres, the floor area can be increased at the rate of 216 square feet per acre to a maximum of 10,121 square feet, and the impervious surface can be increased at the rate of 794 square feet per acre to a maximum of 21,807 square feet. For parcels 10 acres and larger, floor areas and impervious surfaces may exceed these limitations when a conditional use permit is granted therefor as provided in Chapter 18.72. The resultant floor area and impervious surface figures are to be inserted in Tables 1A and 1B to determine the Adjusted Maximum Floor Area and Adjusted Maximum Impervious Surface.

TABLE 1A

COMPUTATION OF ADJUSTED MAXIMUM FLOOR AREA

(Ord. 2010-387 § 5, 2010; Ord. 2001-338 § 5 (part), 2001)

a When the town engineer finds that a flood hazard map appears inaccurate, the engineer may modify said map for the purposes of the administration of Table 1A and Table 1B of the zoning ordinance and such

modification shall be used in calculating the area utilized in line 4.

;sup\sup;In all combining districts, the 85% limitation shall also include any detached garage or carport required by Title 18 "Zoning" of this Code. See Sections 18.48.020 for exceptions to the 85% limitation.

TABLE 1B

COMPUTATION OF ADJUSTED MAXIMUM IMPERVIOUS SURFACE

a When the town engineer finds that a flood hazard map appears inaccurate, the engineer may modify said map for the purposes of the administration of Table 1A and Table 1B of the zoning ordinance and such modification shall be used in calculating the area utilized in line 4.

TABLE NO. 2

BASIC AREA, OPEN SPACE, BULK AND DENSITY REGULATIONS

FOR SPECIAL AND COMMERCIAL DISTRICTS

(Ord. 2010-387 § 6, 2010; Ord. 1998-312 § 2, 1998; Ord. 1995-285 § 1 Exh. A (part), 1995; Ord. 1989-244 § 1 (Exh. A) (part), 1989; Ord. 1988-242 § 2 (Exh. A) (part), 1988: Ord. 1981-181 § 3, 1981; Ord. 1979-166 § 8, 1979: Ord. 1969-99 § 1 (part), 1969: Ord. 1969-95 § 1, 1969: Ord. 1968-86 § 3, 1968: Ord. 1967-80 § 1 (6200), 1967)

18.48.020 - Maximum adjusted floor area.

The architectural and site control commission may allow the eighty-five percent figure stipulated in Line 7 of Table 1A to be increased up to a maximum of one hundred percent when it can make all of the findings set forth below:

A.

Any one of the following:

1.

The larger building will result in a superior design for the property in terms of grading, tree removal and use of the property than would be possible without the requested increase.

2.

The larger building is appropriate because steep slopes, areas of unstable geology or areas subject to flooding so limit development of the property that in order to develop a reasonable plan for the property it is necessary to concentrate more than eighty-five percent of the floor area in a single building.

3.

The larger building is appropriate because the reduction in permitted floor area caused by steep slopes, unstable geology and/or areas subject to flooding so reduces the floor area permitted for any single building that in order to develop a reasonable plan for the property it is necessary to concentrate more than eighty-five percent of the floor area in a single building.

B.

The building will not impact significant views enjoyed by neighboring properties to any greater extent than would a design for the project without the increased floor area.

C.

The building will not in any substantial way negatively affect neighboring properties to any greater extent than would a design for the project without the increased floor area.

D.

The building will be in keeping with the character and quality of the neighborhood.

(Ord. 1998-312 § 3, 1998; Ord. 1995-285 § 1 Exh. A (part), 1995)

Any single-family residential building or related accessory building existing on October 25, 1995, may be increased one time up to a total of five percent of the existing floor area or one hundred fifty square feet, whichever is smaller, regardless of whether such increase exceeds the floor area limit that applies to the property. This provision shall not be applied to accessory dwelling unit maximums as described in subsections (i.) and (ii.) of Section 18.36.040.A.4.b.

(Ord. 2019-431, § 2, 2019; Ord. 1998-312 § 4, 1998: Ord. 1995-285 § 1 (Exh. A (part)), 1995)

CHAPTER 18.50 - PARCEL AREA

Except as hereinafter provided, every structure in which is conducted a principal use shall be located upon a parcel having an area not less than the minimum required in this chapter for the district in which the parcel is located.

(Ord. 1967-80 § 1 (6201 (part)), 1967)

Parcel area is the total of the area measured in a horizontal plane, within the parcel lines bounding the parcel, exclusive of:

A.

Easements for streets or driveways which are not for the exclusive use of the parcel on which any such easement is located;

B.

Any portion of an individual accessway in excess of five percent of the parcel area required in the district.

(Ord. 1967-80 § 1 (6201 (A)), 1967)

The following are recognized as parcels for the purpose of use and development under provisions of this title even though less in dimension or area than required by this title and may be used by the owner of the parcel or his successor in interest as a building site for a principal use permitted in the district provided that all other regulations for the district are complied with:

A.

Any lot or unit of land established prior to October 6, 1937 which has not been merged by the town;

B.

Any lot in a subdivision established in full compliance with subdivision regulations in force at the time, provided the subdivision map was recorded subsequent to October 6, 1937 and provided the lot has not been merged by the town;

C.

Any unit of land caused by the merger of lots or units of land by Resolution No. 1137-1985 of the town council or as may otherwise be merged by the town council.

(Ord. 1988-229 § 1 Exh. A (part), 1988: Ord. 1979-166 § 9 (part), 1979; Ord. 1967-80 § 1 (6201 (B)), 1967)

For lands included in an S-D combining district, the values set forth in Table 3, as based on the formulae given therein, apply in lieu of the values for minimum parcel areas set forth in Table 1 in Section 18.48.010. Column one, gross area per dwelling unit, shall be used for planned unit development, and column two, required minimum parcel area, shall be used in all other cases. Gross residential area is the total area devoted exclusively to the use of the residents plus all trail easements and roads rights-of-way. Net residential area is the total area devoted exclusively to the use of the residents. Where any lands in a planned unit development are in excess of fifty percent slope, such lands may be assigned a slope of fifty percent and the number of dwelling units permissible on the fifty percent and over lands may be added to the number permissible on the balance of the parcel to obtain the total permissible on the entire parcel. In other than planned unit developments, lands in excess of fifty percent slope may be considered as fifty percent in determining the average slope of the parcel.

TABLE 3—PARCEL AREA REQUIREMENTS FOR

S-D DISTRICTS*

SD-1 Districts*

*The values in this table are derived from the equations:

(1) Gross area = 1 / 0.89-0.01560S (2) Minimum parcel area = 1 / 1.0-0.01770S where S is the average ground slope in percent.

SD-1a Districts*

*The values in this table are derived from the equations:

(1) Gross area = 1 / 0.89-0.0223(S-15) (2) Minimum parcel area = 1 / 1.0-0.0253(S-15) where S is the average ground slope in percent.

SD-2 Districts*

*The values in this table are derived from the equations:

(1) Gross area = 1 / 0.459 - 0.0070S (2) Minimum area parcel = 1 / 0.5 - 0.0077S

where S is the average ground slope in percent.

"SD-2.5 District"*

SD-3 Districts*

*The values in this table are derived from the equations:

• (1) Gross area = 1 / 0.308 - 0.0051S (2) Minimum area parcel = 1 / 0.333 - 0.0055S

where S is the average ground slope in percent.

(Ord. 1995-285 § 1 Exh. A (part), 1995; Ord. 1989-246 § 1 (Exh. A), 1989; Ord. 1981-182 § 2, 1981; Ord. 1981-181 § 4, 1981; Ord. 1979-166 § 9 (part), 1979; Ord. 1969-99 § 1 (part), 1969: Ord. 1967-80 § 1 (6201.1), 1967)

The slope of a parcel shall be measured using the following formula and either the town topographic map, dated August 22, 1968, with a scale of one inch equals two hundred feet, or a topographic map with an accuracy acceptable to the administrative official and a scale in which one inch equals no more than two hundred feet. The formula is:

S = .00229 IL / A

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

A. The number of dwelling units permissible in any planned unit development shall be determined as follows:

1.

In areas within a slope density combining district, the gross residential area shall be divided by the required gross residential area per dwelling unit indicated in Table 3 for the applicable slope category;

In all areas not included in a slope density combining district, the net residential area shall be divided by the minimum parcel area required for the district or combining district in which located.

B.

Where individual parcels or building sites are to be sold or leased within any planned unit development, the net area for individual parcels or building sites shall be as required by Sections 18.50.010 through 18.50.030 except as modified below:

1.

In R-E and M-R districts the planning commission may authorize the net area for individual parcels or building sites to be reduced to twenty thousand square feet if the commission finds that development results in less disturbance to the natural terrain and vegetation and produces a development more in keeping with the objectives of this title and the Portola Valley general plan than could overwise have been obtained.

2.

In R-1 districts the net area may be reduced to not less than one-fourth of that required in the combining district in which the planned unit development is located but not less than four thousand square feet in any case, provided the planning commission makes the findings required in paragraph B (1) of this section.

(Ord. 1979-166 § 10, 1979; Ord. 1971-113 § 3, 1971; Ord. 1967-80 § 1 (6201.2), 1967)

18.50.060 - Planned unit developments—Areas of land movement potential.

Where a planned unit development includes area in categories Pmw, Ms, Pd, Pdf, Md, Psc or Pf as shown on the Ground Movement Potential Map of Portola Valley adopted by council Resolution 2506-2010 and as thereafter amended, the maximum number of parcels permitted shall be determined by either of the two following procedures at the option of the applicant:

A.

The applicant may compute the maximum number of dwelling units permitted by procedures set forth in Sections 18.50.040 and 18.50.050 except that for those lands in one of the land movement potential categories enumerated in this section, the number of dwelling units shall not exceed ten percent of the number permitted by procedures set forth in Sections 18.50.040 and 18.50.050.

B.

The applicant may design a conventional subdivision, one for which a planned unit development is not required, pursuant to the purposes and standards of the subdivision ordinance, to determine the number of lots possible on the property. If the applicant demonstrates to the satisfaction of the planning commission that the purposes and standards of the subdivision ordinance are complied with in the design and that the subdivision could reasonably be expected to be constructed as proposed, the number of lots thus determined shall then be the maximum number permitted in the planned unit development.

of lots possible on the property. If the applicant demonstrates to the satisfaction of the planning commission that the purposes and standards of the subdivision ordinance are complied with in the design and that the subdivision could reasonably be expected to be constructed as proposed, the number of lots thus determined shall then be the maximum number permitted in the planned unit development.

(Ord. 2010-387 § 7, 2010; Ord. 1979-166 § 11 (part), 1979: Ord. 1967-80 § 1 (6201.3), 1967)

CHAPTER 18.52 - YARDS

Except as provided in this chapter, every structure shall be upon a parcel of such dimensions in relation to the structure as to provide for yards as specified in Tables 1 and 2 of Section 18.48.010 or the district in which the parcel is located.

A.

A required front yard is an open space extending along the front parcel line for the full width of the parcel with a depth equal to the least depth of front yard specified for the respective district.

B.

A required rear yard is an open space extending along the rear parcel line for the full width of the parcel with a depth equal to the required least depth of rear yard specified for the respective district.

C.

A required side yard is an open space extending along a side parcel line from the front yard to the rear yard with a width equal to the required least width of side yard specified for the respective district.

D.

The required least depth or width of any yard shall be measured at right angles to the parcel line adjoining except as follows:

1.

Where any future street right-of-way lines have been established by any specific plan for future street opening or widening, the required least depth or width shall be measured from such planned street right-ofway lines;

2.

Where special building setback lines have been established, such lines shall control the placement of structures in lieu of the yards otherwise required in the zoning district;

3.

Where an easement for vehicular access traverses all or a portion of a parcel, the required least depth or width of yard shall be measured from such easement. This provision does not apply to easements intended for occasional maintenance vehicular use such as utility easements.

(Ord. 1979-166 § 12, 1979; Ord. 1967-80 § 1 (6202.1), 1967)

18.52.020 - Requirements—Property abutting half-streets.

A structure shall not be erected or maintained on a parcel which abuts a street having only a portion of its required width dedicated and where no part of such dedication would normally revert to said parcel if the street were vacated, unless the yards provided and maintained in connection with the structure have a width or depth sufficient to complete the road width, plus the width or depth of the yards normally required on the parcel by this ordinance. This section applies to all districts and whether or not yards are normally required.

(Ord. 1967-80 § 1 (6202.2), 1967)

18.52.030 - Permitted buildings exceeding district height limits—Additional requirements.

Where buildings are permitted by Chapter 18.54 to be erected to a height exceeding the height limit for the district in which located, the least width of required side yard and the least depth of required rear yard shall be increased by one foot for each two feet the structure exceeds the height limit for the district.

(Ord. 1967-80 § 1 (6202.3), 1967)

18.52.040 - Exceptions—Exterior line of structure not parallel to parcel line.

Where the wall or exterior line of a structure is not parallel to a parcel line, a portion of the structure may project into the required yard, provided that:

A.

The average depth or width of yard is at least equal to the required least depth or width otherwise required in the district;

B.

The yard is not less in depth or width at any point than eighty percent of the least width or depth otherwise required in the district.

(Ord. 1969-99 § 1 (part), 1969: Ord. 1967-80 § 1 (6202.4 (A)), 1967)

18.52.050 - Exceptions—Exterior line of structure adjacent to parcel line not following continuous unbroken alignment.

Where the wall or exterior line of a structure adjacent to a parcel line does not follow a continuous unbroken alignment, a portion of the structure may project into the required yard provided that:

A.

The average depth or width of yard is at least equal to the required least depth or width otherwise required in the district;

B.

The yard is not less in depth or width at any point than eighty percent of the least width or depth otherwise required in the district.

(Ord. 1969-99 § 1 (part), 1969: Ord. 1967-80 § 1 (6202.4 (B)), 1967)

Accessory structures may occupy required yard areas subject to the provisions of Chapter 18.42.

(Ord. 1967-80 § 1 (6202.4 (C)), 1967)

The following enumerated features may project into required yards as set forth in this section, provided that, in a case of an interior side yard, the projection shall not exceed one-fifth of the required least width of side yard:

A.

Cornices, canopies, eaves or any other similar architectural features may project a distance not exceeding three feet;

B.

An uncovered stair and necessary landings may project a distance not to exceed six feet provided that such stair and landings shall not extend above the entrance floor of the building except for a railing not to exceed three feet in height;

C.

Ramps used to provide handicapped access to a structure may extend into any required yards, including railings and guardrails in conformity with Title 24 standards for handicap access.

(Ord. 2011-390 § 11, 2011; Ord. 1969-99 § 1 (part), 1969: Ord. 1967-80 § 1 (6202.4 (D)), 1967)

On any parcel, which parcel was under one ownership at the time of the adoption of the ordinance codified in this title, and which has an average width of less than seven times the required least width of side yard, the required least width of side yard may be reduced to fifteen percent of the width of such parcel, but in no case shall the width of any such side yard be less than five feet.

(Ord. 1967-80 § 1 (6202.4 (E)), 1967)

On any legally established parcel in existence at the time of the adoption of the ordinance codified in this title, a private garage, attached or detached, may be built to within five feet of the front lot line, but not closer than fifteen feet of the center line of a public or private street, provided such garage shall hold the side yard setbacks that are required for the main building when located in districts with required minimum building sites of twenty thousand square feet or less, provided the planning commission finds that:

A.

It is impractical to construct a private driveway with a grade of twenty percent or less to a garage site conforming to the requirements of this title;

B.

There are adequate guest parking spaces available to the parcel to obviate the need for parking on the driveway apron unless there is at least twenty feet between the street traveled way and the garage.

(Ord. 1967-80 § 1 (6202.4 (F)), 1967)

Exceptions to yard requirements may be permitted as a part of an approved planned unit development or planned community district provided the provisions of subsection C of Section 18.44.050 are met.

(Ord. 1967-80 § 1 (6202.4 (G)), 1967)

When a parcel does not abut on a street or gains access from an individual accessway, and is in a residential zoning district requiring a minimum parcel area of one acre of more, the required front yard shall be determined as follows:

A.

If the neighboring parcel(s) common to the front parcel line does not have a residence, the required front yard shall be the same as specified in Section 18.48.010 for the required rear yard.

B.

If the neighboring parcel(s) common to the front parcel line has a residence, the board of adjustment may grant an exception to reduce the required front yard but in no case to a dimension less than specified in Section 18.48.010 for the required rear yard, pursuant to the following:

1.

The board of adjustment shall consider the exception at a public hearing pursuant to the hearing requirements of Chapter 18.76; and

2.

The board of adjustment shall make a finding that the exception as granted will not be injurious to the neighboring parcel(s) common to the front parcel line.

(Ord. 1973-121 § 1, 1973: Ord. 1967-80 § 1 (6202.4 (H)), 1967)

The planning commission may approve siting a wireless communication facility in a required front, side or rear yard if it makes the following findings:

A.

There is no reasonable alternative location on the site that conforms with required setbacks, is less visually obtrusive, and has at least equivalent access to necessary electromagnetic signals.

B.

The siting will not adversely impact emergency access.

C.

If existing vegetation, relied upon for antenna screening, is removed, the antenna will not become highly visible.

(Ord. 1997-295 § 3, 1997)

CHAPTER 18.54 - BUILDING BULK

Except as otherwise authorized by this chapter, each structure shall comply with the height limit specified in this title for the district in which the structure is located. See Tables 1 and 2 of Section 18.48.010.

(Ord. 1967-80 § 1 (6203.1 (part)), 1967)

A. 1. Building height is the vertical distance at any point from the natural ground level which existed prior to grading for any building, or from the building pad if excavated below natural ground level, whichever elevation is lower, to the highest part of the building directly above.

2.

When a retaining wall is incorporated into a building and earth is backfilled against the retaining wall, the height of the building shall be referenced to the extension of contour lines from the ground along the perimeter of the building. In no case shall the extended contour lines exceed the contour lines established by the natural ground.

3.

Maximum building height is the vertical distance between the lowest point of contact with the finished ground surface to the highest point of the building or its appurtenance.

B.

In combining districts 7.5M, 15M and 20M no portion of a building shall intercept a theoretical plane which starts at the natural ground surface at the property line and increases in height at a ratio of one and onehalf vertical to one horizontal up to a maximum horizontal distance of twenty-four feet from the property line provided, however, that such provision shall in no case prohibit any portion of a building fifteen feet or

less in height as measured from the finished ground surface adjoining the wall of the building nearest said portion of the building.

C.

Fence height measurement is subject to the provisions set forth in Section 18.43.030.A.

D.

Height of other structures shall be determined in the same manner as height of buildings.

(Ord. 2005-360, § 4, 2005; Ord. 1988-242 § 2 (Exh. A) (part), 1988: Ord. 1979-166 § 13 (part), 1979; Ord. 1967-80 § 1 (6203.1 (A)), 1967; )

A. Chimneys, flag poles, and radio and television antennas may exceed the height limits established for the district in which they are located provided they do not exceed a height of fifty feet, unless a greater height is authorized under the terms of a conditional use permit.

B.

Power distribution poles and lines, where permitted in accordance with subsection B of Section 18.36.010, may exceed the height limits established in this title for the district; provided they do not exceed a height of fifty feet, unless a greater height is authorized under the terms of a conditional use permit as provided in Chapter 18.72.

C.

In districts in which a lower height limit is established places of assembly in schools, churches, and other permitted public and semipublic buildings may be erected to a height not exceeding seventy-five feet provided that the rear and side yards shall be increased as specified in Section 18.52.030.

D.

Upon the securing of a conditional use permit as provided in Chapter 18.72, towers or lofts needed for utility or communication purposes or required for operations in conjunction with a permitted principal use, architectural features, such as spires or belfries, flag poles, and similar structures may be constructed and used to a greater height than the limit established for the district in which the structure is located.

E.

Exceptions to height requirements may be permitted as a part of an approved planned unit development or a planned community district.

(Ord. 1997-295 § 4, 1997: Ord. 1967-80 § 1 (6203.1 (B)), 1967)

18.54.040 - Building coverage—Limits—Exceptions.

No building or buildings shall be constructed or enlarged so as to cover a greater percentage of the parcel than the building coverage limit established in this title for the district in which such parcel is located except as authorized below.

A.

Building coverage is the percent of total parcel area covered by all buildings on the parcel. The area covered shall be measured in a horizontal plane and may exclude the features enumerated in Sections 18.52.040 through 18.52.110 to the extent such features are permitted to extend into required yards and courts by those sections. Uncovered decks which are no more than two feet above the average level of the finished ground surface shall not be included in figuring building coverage. Average level of the finished ground surface for the purpose of measuring the height of decks is the average of the highest and lowest points of the ground surface directly below the deck.

B.

Exceptions to coverage limitations may be permitted as a part of a planned unit development of a planned community district.

C.

On legally buildable parcels with a total parcel area less than the minimum parcel area required for the district in which located, the building coverage may be further increased as follows:

Permitted building coverage in percent = coverage limit × factor

with

Factor = 1 + 0.5 ( MPAR-APA / MPAR )

where MPAR = Minimum parcel area required,

APA = actual parcel area,

and 1.25 is the maximum value permitted for the factor.

(Ord. 1969-95 § 2, 1969; Ord. 1967-80 § 1 (6203.2), 1967)

A. For residential uses, the floor area is the total floor area, as measured from exterior walls, for all buildings on a parcel. For nonresidential uses, the floor area ratio is the ratio of total net floor area to the area of the parcel on which it is located. For the purpose of this chapter, net floor area is the area of all floors included within surrounding walls off a building or portions thereof, exclusive of vent shafts, courts and floor area permanently allocated for parking or loading spaces.

B.

The floor area of a basement, whose volume does not exceed that which would be obtained by constructing a basement with a ceiling height not exceeding twelve feet directly under the first floor of the

building above, will not be counted as floor area. Any additional basement floor area will be counted as floor area.

C.

Exceptions to floor area ratio limits may be permitted as part of a planned unit development or a planned community district.

(Ord. 1999-323 § 2, 1999; Ord. 1995-285 § 1 Exh. A (part), 1995; Ord. 1991-263 § 9, 1991; Ord. 1988-242 § 2 (Exh. A) (part), 1988: Ord. 1979-166 § 13 (part), 1979: Ord. 1967-80 § 1 (6203.3), 1967)

18.54.051 - Floor area—Conditional use permit modifications.

When conditional use permits are approved for the uses listed below, the planning commission or town council may allow floor areas in excess of those specified in Section 18.54.050, which uses were in existence as of January 1, 1990, when it finds there is no reasonable way to meet the normal floor area standards and that the use as approved will still in all other ways meet the requirements of Chapter 18.72. The deviation from normal floor area standards shall be only to the extent necessary to render the project reasonable and acceptable by the planning commission or town council. The uses subject to this provision are as follows:

Sections 18.12.030 D 1, 2, 4, 5 and 7 and 18.36.020 A and C.

(Ord. 1990-254 § 1 (Exh. A) (part), 1990)

18.54.052 - Floor area limitations—Commercial and office uses.

A. Commercial and office uses shall not have gross floor areas that exceed the following limitations:

1.

Offices of all types, except medical and dental offices—1,500 square feet

2.

Medical and dental offices—2,000 square feet

3.

Physical therapy and fitness training—3,000 square feet

4.

Consumer services—2,000 square feet

5.

Convenience goods—2,500 square feet

Restaurants—3,000 square feet

7.

Veterinary clinics—3,000 square feet

8.

Automotive repair—4,000 square feet

9.

Hardware—5,000 square feet

10.

Foodstores—12,000 square feet

B.

If the approving authority is presented with clear and convincing evidence that a use will derive in excess of a majority of its clientele from the town and its spheres of influence, floor area limitations may be increased up to twenty percent to accommodate the use.

C.

Commercial and office uses that were approved by the town prior to August 24, 2001, and that exceed the floor area limitations of Section 18.54.052A. may continue to occupy the same floor area in the same location as approved. Any such existing use, however, may be increased beyond the standards of Section 18.54.052A. only pursuant to the provisions of Section 18.54.052B. If the type of approved use changes, the new use shall conform to the standards of Section 18.54.052A.

(Ord. 2001-337 § 3 (part), 2001)

CHAPTER 18.56 - IMPERVIOUS SURFACING AND LANDSCAPING

The maximum area or percent of any parcel of land that may be occupied by impervious surfaces is specified in Tables 1 and 2 of Section 18.48.010. Impervious surfaces are meant to include surfaces that will not allow or will greatly reduce the penetration of water into the ground. Impervious surfaces include the following: concrete, asphalt, bricks, paving stones, swimming pools, roofs, "turf stone," plastic sheeting, compacted gravel and rock areas, corrals and similar surfaces. Impervious surfaces are measured in a horizontal plane. Impervious surfaces may exclude:

A.

Features enumerated in Section 18.52.070 to the extent which such features are permitted to extend into required yards by such section;

B.

Roofs of all buildings, except for overhangs which exceed six feet in width;

C.

That portion of a driveway which is further than one hundred feet from a residence as measured along the driveway;

D.

Impervious surfaces beneath roof overhangs which are counted as impervious surfaces.

(Ord. 1995-285 § 1 Exh. A (part), 1995; Ord. 1989-244 § 1 Exh. A (part), 1989: Ord. 1988-242 § 2 Exh. A (part), 1988: Ord. 1979-166 § 14, 1979: Ord. 1967-80 § 1 (6204), 1967)

18.56.011 - Impervious surfaces—Conditional use permit modifications.

When conditional use permits are approved for the uses listed below, which uses were in existence as of January 1, 1990, the planning commission or town council may allow impervious surfaces in excess of those specified in Section 18.56.010 when it finds there is no reasonable way to meet the normal

impervious surface standards and that the use as approved will still in all other ways meet the requirements of Chapter 18.72. The deviation from normal impervious surface standards shall be only to the extent necessary to render the project reasonable and acceptable by the planning commission or town council. The uses subject to this provision are as follows: Sections 18.12.030 D 1, 2, 4, 5 and 7 and 18.36.020 A and C.

(Ord. 1990-254 § 1 (Exh. A) (part), 1990)

18.56.020 - Required landscaping.

A. Front Yards. In other than residential zoning districts, planting in required front yards shall conform with any roadside planting standards adopted by the conservation committee. At least twenty-five percent of such required front yard shall be landscaped, such area to have a minimum dimension of five feet.

B.

Structures Which Require Conditional Use Permits. Landscaping shall be located in close proximity to structures in order to improve appearance, obscure unattractive features, or effect visual separation from parking lots.

C.

Adjoining Parcels Within C-C and A-P Districts. Landscaping in such districts shall present an overall unified appearance. To this end, landscape design and planting for contiguous properties shall be coordinated, especially where planting beds adjoin.

D.

Parcels with Frontage on Alpine Road and Portola Road. Parcels with frontage on the following roads if planted with trees and/or shrubs, shall be planted with only such trees and shrubs as are on a plan approved by the conservation committee. This provision shall apply to the portion of the parcel within seventy-five feet of the road right-of-way:

1.

Alpine Road in the section from the northern town limits to Portola Road.

2.

Portola Road.

E.

Parcels in C-C and A-P Districts, Parcels in C-C and A-P districts shall have a minimum percent of the parcel as specified below with a natural vegetative cover or in a landscaped condition. Such areas shall not be developed for use by motor vehicles, occupied by buildings or covered by paving:

1.

C-C (community commercial) district - thirty percent;

2.

A-P (administrative-professional) district - forty percent.

(Ord. 1979-166 § 15, 1979: Ord. 1967-80 § 1 (6205), 1967)

CHAPTER 18.58 - SPECIAL SETBACK LINES[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. 2017-419, § 3, adopted May 24, 2017, changed the title of Ch. 18.58 from "Special Building Setback Lines" to read as herein set out.

Special setback lines are intended to regulate the location of structures where special features such as scenic roads, geologically hazardous areas, and floodplains require setback regulations to those otherwise specified in this title.

(Ord. 2017-419 § 4, 2017; Ord. 1973-119 § 3 (part), 1973: Ord. 1967-80 § 1 (6209), 1967)

18.58.020 - Special setback lines—S (scenic).

A. Purpose. Special setback lines—S are established along streets to assure the provision of space for light, air, safety, circulation, and visual amenity, and to permit or require adjustment in the location of

structures to observe unusual physical conditions. Special setback lines shall be adopted and amended in conformance with the requirements of Chapter 18.74 and when adopted shall be set forth on the zoning map.

B.

Requirements. No structure shall be located closer to a street parcel line than the special setback line. In any district where the least depth or least width of yard required for such distance is greater or less than the distance set forth for any special setback line, the distance established by the special setback line shall govern.

C.

Measurement. The location of a special setback line shall be established by measurements in feet measured at right angles from the parcel line of the subject parcel.

D.

Special Building Setback Lines—S Adopted.

1.

Skyline Boulevard—No structure shall be closer than two hundred feet to the right-of-way of Skyline Boulevard, provided, however, that the architectural and site control commission may allow a reduction of the setback to no less than one hundred feet when it finds that in such a location the proposed structure will not be visible from the right-of-way of Skyline Boulevard.

2.

Alpine Road—No structure shall be located closer than seventy-five feet to the right-of-way of Alpine Road in that section of Alpine Road lying between the northerly town limits and Portola Road.

3.

Portola Road—No structure shall be located closer to the right-of-way of Portola Road in that section from the intersection with Alpine Road to the northwesterly town limits than as stipulated below:

a.

In zoning districts requiring a minimum parcel area of one acre or larger, no structure shall be closer to the Portola Road right-of-way than fifty feet; however, where a parcel has a side or rear parcel line contiguous with the Portola Road right-of-way, an accessory structure may come within twenty-five feet of the right-ofway provided the architectural and site control commission finds the structure will not be seen from Portola Road or that existing and/or proposed planting consistent with the character and quality of the Portola Road corridor will largely obscure the structure.

b.

In zoning districts requiring a minimum parcel area less than one acre, a one-story house shall observe a minimum setback of thirty-five feet and any second story addition thereto shall observe a minimum setback

of forty-five feet; alternatively, a two-story house shall observe a minimum setback of forty feet. Structures which are not buildings shall adhere to the same setback requirements. Where a parcel has a side or rear parcel line contiguous with the Portola Road right-of-way, an accessory structure may come within twenty feet of the right-of-way provided the architectural and site control commission finds the structure will not be seen from Portola Road or that existing and/or proposed planting consistent with the character and quality of the Portola Road corridor will largely obscure the structure.

c.

Structures existing as of the date of adoption of the ordinance codified in this subdivision (August 28, 1991), which do not comply with the setback requirements described herein are deemed conforming structures and are not subject to the provisions contained in Chapter 18.46. For such a structure, the threedimensional space it occupies which does not comply with the setbacks stipulated in subsection D.3.a. and b. of this section becomes a building envelope. Remodeling and rebuilding may occur within such a building envelope subject to normal design review requirements provided for in this section. In addition, the architectural and site control commission may allow architectural details to extend up to two feet from any wall surface on no more than ten percent of the building perimeter within the setbacks in subsection D.3.a. and b. of this section when such details will better ensure compatibility with the character and quality of the Portola Road corridor. This provision is not meant to allow any new construction or use in an existing structure deemed conforming under this subsection, without the required permits; all changes shall be subject to review as required in Chapter 18.46.

(Ord. 2017-419 § 5, 2017; Ord. 1991-265 § 1, 1991; Ord. 1973-119 § 3 (part), 1973; Ord. 1967-80 § 1 (6209.1), 1967)

Editor's note— Ord. 2017-419, § 5, adopted May 24, 2017, changed the title of § 18.58.020 from "Special building setback lines—S (scenic)" to read as herein set out.

A. Purpose. Special building setbacks are established along earthquake fault traces to minimize the potential loss of property and life resulting from differential movement along such traces caused by tectonic forces.

B.

Maps. The town geologic map and ground movement potential map, adopted by Resolution 2279-2006, as amended from time to time, provides the basis for required fault setbacks. Two types of setbacks are established. One type is for setbacks along the San Andreas Fault. The other type is for setbacks from fault (other than the San Andreas).

C.

Setbacks from the San Andreas Fault. The town ground movement potential map establishes required building setbacks along the active traces of the San Andreas Fault. The San Andreas Fault is a known hazard for development and it is prudent to preclude construction of buildings for human occupancy within these zones.

1.

Delineation of Earthquake Fault Zones. Earthquake fault zones define the areas along faults in which primary fault rupture may occur. The map, ground movement potential adopted pursuant to town council Resolution 2279-2006, as amended, defines the boundaries of the fault zones and labels them Pf. Where the location of the fault is known and the pattern of ground breakage is parallel to the direction of the trace, the trace is classified as a "known" trace and shown in a solid line. Where the location of the trace is less well known and the pattern of expected ground breakage is parallel to the direction of the trace, the trace is classified as an "inferred" trace and is shown in a dashed line. Where the pattern of ground breakage results in an en-echelon pattern, the trace is identified on the map as an "en-echelon" trace and shown as a series of short lines at an angle to the general alignment of the trace. An "en-echelon" trace consists of relatively short ruptures, on the order of forty feet in length, oriented obliquely to the general fault trend.

2.

Required Setbacks for Buildings for Human Occupancy. The boundaries of the Pf zones constitute the required building setback lines for buildings for human occupancy. Setbacks are based on the following measurements taken at a right angle from the fault trace. Where the location of the trace is "known", the boundary of the zone is set back from the trace fifty feet from the center line of the trace. Where the location of the trace is "inferred", the boundary of the zone is set back one hundred feet from the center line of the trace. Where the trace is characterized as an "en-echelon" trace, the boundary of the zone is set back one hundred feet from the center line of the trace.

3.

Buildings not intended for Human Occupancy. The following buildings not intended for human occupancy are allowed within fault setbacks:

a.

Buildings that do not exceed one hundred twenty square feet and are used as a tool shed, an ornamental garden structure, an animal shade structure, an agricultural building or for a similar nature and use.

b.

Other non-habitable buildings not exceeding a floor area of one hundred twenty square feet, and are of a similar nature and use may be permitted by staff or by the planning commission upon referral by staff.

D.

Setbacks from Faults (other than the San Andreas). The town ground movement potential map shows traces noted as "fault (other than the San Andreas)." While the location and future movement of these faults is less certain than for the San Andreas Fault, it is still prudent to make certain that buildings for human occupancy do not cross such faults.

1.

Construction of new buildings for human occupancy within one hundred feet of such mapped fault traces shall be supported by a site-specific geologic investigation that demonstrates to the satisfaction of the

town geologist that the structure is not underlain by the suspected fault. This investigation must include recommendations for specific geotechnical measures, including appropriate seismic design criteria and minimum setback requirements, to mitigate potential adverse impact from the mapped fault trace and the estimated potential for some degree of displacement along the fault trace alignment.

2.

Construction of new buildings not for human occupancy shall comply with required front, side and rear setbacks.

E.

Modification of Requirements. When geologic studies acceptable to the planning commission demonstrate that delineations of the San Andreas Fault setback zones or the location of faults (other than the San Andreas) are incorrect, the planning commission may approve modifications to the geologic map and/or the ground movement potential map.

(Ord. 2010-387 § 8, 2010; Ord. 1988-227 § 1, 1988; Ord. 1973-119 § 3 (part), 1973; Ord. 1967-80 § 1 (6209.2), 1967)

Editor's note— Ord. 2010-387, § 8, adopted Oct. 27, 2010, changed the title of § 18.58.030 from "Special building setback lines—EF (earthquake fault)" to "Special building setbacks along earthquake faults."

CHAPTER 18.59 - CREEK SETBACKS

A. The overall purpose of this chapter is to improve the quality of creek bank protection measures used on town creeks, discourage practices that pose a risk to property improvements and neighboring properties, and protect the unique scenic qualities and habitat values of the creek environment that sustain wildlife by furnishing habitation, freshwater and migration corridors. It is envisioned that this chapter will benefit creekside property owners, residents of the town and region, and the overall environmental quality of the creeks and adjacent habitats. The measures are intended to help ensure that, over time, changes within creek setbacks will help restore the creeks and creeksides to a healthy natural environment.

B.

The specific purposes of the setbacks are:

1.

To keep new buildings out of range of potential creekbank failure and flooding.

2.

To provide for the review of modifications or replacements of existing structures and impervious surface areas within creek setbacks in order to prevent further encroachment, and to encourage decreasing existing encroachments when modifications or replacements take place.

3.

To restrict new structures in creek setbacks to those deemed necessary for creekbank stabilization projects, utility crossings, roads and driveways.

4.

To retain adequate space adjacent to creek banks for access and work space to replace failing bank protections; to remove obstructions that pose a risk of flooding; and to facilitate bank protection projects utilizing state-of-the art practices, such as grading to achieve more stable bank angles and biotechnical or bioengineered designs.

5.

To retain adequate space adjacent to creekbanks to allow wildlife movement and migration.

6.

To protect creekside vegetation that stabilizes the soil and reduces flow velocities, erosion, sedimentation and creekbank failure.

7.

To protect creekside vegetation as wildlife habitat for those species (song birds, waterfowl, mammals, reptiles, fish, amphibians) dependent on creeks and their flanking native vegetation.

8.

To protect water quality and creekside vegetation for shading and cooling of creek water to provide an environment supportive of trout, other fish, amphibians and invertebrates.

9.

To implement the policies of the general plan that designate creek corridors as sensitive areas providing important aquatic and terrestrial wildlife habitat and that require all new subdivisions and site development proposals to contain setback areas sufficient to buffer wildlife inhabiting the creek corridor from the impact of development.

(Ord. 2007-369 § 1, 2007)

The following creeks are subject to the creek setback provisions in this chapter: Los Trancos Creek, Corte Madera Creek and Sausal Creek.

(Ord. 2007-369 § 1, 2007)

A. For building permits and site development permits, setbacks may be measured from either the top of creek bank or ordinary high water mark (see definitions under Sections 18.59.040 and 18.59.050 below) at

the option of the property owner:

1.

Parcels less than one acre in size - Thirty feet from top of bank, or thirty-five feet from ordinary high water mark.

2.

Parcels of one acre to two and one-half acres—Forty-five feet from top of bank or fifty feet from ordinary high water mark.

3.

Parcels of two and one-half acres or more—Fifty-five feet from top of bank or sixty feet from ordinary high water mark.

B.

For planned unit developments, setbacks may be modified by the planning commission to achieve better consistency with the purposes of this chapter as part of the planned unit development process to increase safety as well as protect the natural environment.

C.

For new subdivisions, parcels shall have a minimum creek setback of fifty-five feet from the top of creek bank, but this setback may be required to be enlarged as part of the subdivision process to increase safety as well as protect the natural environment. Sensitive habitats, floodplains, and eroding creek banks should be included within the setback area.

D.

Persons proposing development along creeks should consult Section 18.32, F-P (Floodplain) Combining District Regulations, contained in the zoning regulations as these provisions affect development in the floodplains along creeks.

(Ord. 2007-369 § 1, 2007)

The "top of creek bank" is where the creek channel sides intercept adjoining higher ground. In cases where the top of creek bank is difficult to discern, the top of creek bank shall be based on a physical inspection by the town geologist or his designee in concert with the property owner.

(Ord. 2007-369 § 1, 2007)

The "ordinary high water mark" is a line on a creek bank that reflects the normal high water mark experienced over time. In the town, the OHWM is usually about three to four feet above the normal base

water flow. The town geologist or his designee will assist a property owner in identifying the OHWM consistent with the Army Corps of Engineers standards.

(Ord. 2007-369 § 1, 2007)

Existing buildings, decks, driveways, impervious surfaces, and other structures that are within a required creek setback may be maintained and repaired as necessary to keep them useable or improve their condition or quality pursuant to any required building/site development permit. Fences are addressed in Section 18.59.090 below.

(Ord. 2007-369 § 1, 2007)

Existing buildings, decks, driveways, impervious surfaces, and other structures that are within a required creek setback may be reconstructed or replaced as provided for in items A. and B. below, provided that in no case shall such construction increase the extent of the encroachment into the setback area. The extent of encroachment takes into account both the total square footage of structures within the setback and their proximity to the creek. Since flexibility in design is desirable for property owners and provides opportunities to reduce impacts on the creek, new construction is not limited to the footprint or location of the preexisting structure but may be relocated in order to provide a design more consistent with the purposes of Section 18.59.010. Such relocations cannot, however, increase the extent of encroachment in the setback. The building permit and/or a site development permit may require measures that are reasonably related to the project in order to prevent creek bank failure and erosion and to mitigate adverse effects on the creek environment. Property owners are encouraged to decrease existing encroachments in creek setbacks when construction or replacement takes place.

A.

Reconstruction and replacement following involuntary damage. Existing buildings, decks, driveways, impervious surfaces, and other structures that are within a required creek setback may be reconstructed or replaced when necessitated by involuntary damage. For purposes of this chapter, involuntary damage is defined as damage by fire, flood, explosion, wind, earthquake, war, riot, or wood destroying pests or other calamity or force majeure. Involuntary damage necessitating reconstruction or replacement shall be confirmed by the town. Reconstruction or replacement beyond that necessitated by involuntary damage shall be treated in accordance with subsection B. below. Fences are addressed in Section 18.59.090 below.

B.

Reconstruction and replacement following voluntary demolition. Existing buildings, decks, driveways, impervious surfaces, and other structures that are within a required creek setback may be reconstructed or replaced following voluntary demolition when such demolition affects less than fifty percent of the floor area of a building, deck, other structure or less than fifty percent of the surface area of a driveway or other impervious surface. If voluntary demolition affects fifty percent or more of the total floor or total surface area, such replacement or reconstruction shall conform to the required creek setback unless there is no

alternate site that is completely or partially outside of the required creek setback. Fences are addressed in Section 18.59.090 below.

(Ord. 2007-369 § 1, 2007)

New, expanded or repaired creek bank stabilization projects are permitted within the creek setback pursuant to a building permit and/or site development permit. Such projects shall be designed to state-ofthe-art practices. Designs using the most up-to-date techniques for protecting banks by employing environmentally sound solutions such as revegetation, bioengineered and biotechnical methods are encouraged. Projects shall minimize the risk of causing physical damage to upstream, downstream or opposing properties. Physical damage includes flooding, creek bank erosion, or creek bank failure. Stabilization projects are to be designed to provide long-term protection and at the same time be consistent with the purposes of Section 18.59.010.

(Ord. 2007-369 § 1, 2007)

Existing fences below the top of bank may not be repaired, reconstructed or replaced other than as an approved creek bank stabilization measure as provided for in Section 18.59.080. Existing fences above the top of bank may be repaired, reconstructed or replaced when in conformance with Chapter 18.43 of the Zoning Ordinance. New fences shall conform to Chapter 18.43 of the Zoning Ordinance. (See Section 18.04.155 for definition of "fence.")

(Ord. 2007-369 § 1, 2007)

Removal of existing non-native vegetation in creek setbacks is encouraged, and new creek stabilizing vegetation is to be selected from the town's list of riparian vegetation, or vegetation shown to be a native species of this watershed. Owners are encouraged to select from the town's list of riparian vegetation, or vegetation shown to be native species of this watershed, for all plantings in the creek setback area.

(Ord. 2007-369 § 1, 2007)

Grading up to five cubic yards and installation of impervious surfaces up to two percent of the setback area are permitted. These limits may be exceeded when consistent with the provisions of this chapter and approved by the planning staff, provided they do not reach the threshold for which a site development permit is required.

(Ord. 2007-369 § 1, 2007)

18.59.120 - Creek crossings.

Road, bridge, and utility crossings are permitted in creek setbacks pursuant to a building/site development permit and shall be designed to minimize adverse impacts on the creek channel, adjoining banks and flooding potential. Footings for support of such crossings must be located outside of the creek channel.

(Ord. 2007-369 § 1, 2007)

Trails and paths are permitted subject to the provisions of the site development ordinance and must be designed to minimize adverse impacts on the natural environment.

(Ord. 2007-369 § 1, 2007)

Discharging or dumping pollutants into a creek, such as yard wastes, animal wastes, chemically treated water, and other pollutants are prohibited by Chapter 8.28 of this Code, Storm Water Management and Discharge Control, regulations mandated by the Federal Clean Water Act.

(Ord. 2007-369 § 1, 2007)

CHAPTER 18.60 - OFF-STREET PARKING

Except as permitted in this chapter, at the time of the erection of any main building or structure, at the time any main building or structure is enlarged or increased in capacity, or at the time a main building or structure is put to a different use, there shall be provided and maintained in all districts, off-street parking spaces for automobiles in accordance with the schedule set forth in Section 18.60.110.

(Ord. 1967-80 § 1 (6210), 1967)

A. Required parking for dwellings. Each parking space in a garage or carport shall be at least ten feet by twenty feet. Guest parking spaces shall meet the requirements set forth in subsection B. of this section. There shall be adequate provision for ingress and egress to all parking spaces. Unobstructed vehicular access shall be provided to each parking space.

B.

Required parking for uses other than dwellings. The minimum dimensions permitted shall be as shown on Table 4.

TABLE 4—PARKING LOT DIMENSIONS

Width of stall .....9'

Length of stall .....18'*

Width of aisle .....25'

*Up to two feet of overhang may be deducted from required stall length if the overhang does not interfere with planting, walks or other site features and is approved by the architectural and site control commission.

The foregoing standards are for ninety-degree parking and an aisle for two-way traffic. Parking at other angles shall provide for similar geometric standards as approved by the town engineer.

(Ord. 1987-223 § 1, 1987; Ord. 1979-166 § 16 (part), 1979; Ord. 1967-80 § 1 (6210.1 (A)), 1967)

Off-street parking facilities shall be located as specified in this section. Where a distance is specified, the distance shall be the walking distance measured from the nearest point of the parking facility to the nearest entrance of the building that the facility is required to serve.

A.

In residential districts, required parking facilities, except required guest parking spaces, shall be in a carport or garage and all spaces shall be located on the same parcel or building site as the buildings they are required to serve unless otherwise authorized by conditional use permit, or otherwise regulated by the optin housing diversification program established by the Portola Valley Housing Element. This requirement does not apply to the R-MF-23 zoning district.

B.

For uses in other districts, parking spaces may be located on separate sites provided they are not over two hundred fifty feet from the buildings they are required to serve.

C.

When the required off-street parking facilities are not situated on the same parcel as the use they are required to serve, there shall be recorded a covenant as required for joint use under paragraph D.3 of Section 18.60.070.

D.

In R-1/7.5M, 15M and 20M zoning districts, where the ASCC finds there is no reasonable location for a second required covered parking space that would have direct unobstructed vehicular access, such required parking space may be uncovered and/or in tandem, provided that in the case of an uncovered space, two hundred square feet shall be considered as floor area for purposes of determining compliance with the floor area limitations on a parcel. On parcels of twenty thousand square feet or less, an uncovered parking space may occupy required yard areas upon approval by the ASCC and after notification to affected neighbors.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; Ord. 1967-80 § 1 (6210.1 (B)), 1967; Ord. 2001-338 § 7 (part), 2001)

18.60.040 - Determination of parking facility requirements—Units of measurement.

A. For the purpose of this section, "floor area" shall mean the gross floor area in the building other than floor space designated and used exclusively for parking and loading spaces, building service and maintenance, or storage of equipment and furnishings belonging to the occupants of the building but not in current use.

B.

When units of measurements determining number of required parking spaces result in requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; Ord. 1967-80 § 1 (6210.1 (C)), 1967)

18.60.050 - Determination of parking facility requirements—Changes in use—Additions and enlargement.

Whenever on any parcel there is a change in use, or increase in floor area, or in the number of employees or other unit of measurement specified in this chapter to indicate the number of required off-street parking spaces and such change or increase creates a need for an increase of more than ten percent in the number of off-street parking spaces, as determined by the tables in this chapter, additional off-street parking spaces shall be provided on the basis of the increased requirements of the new use, or on the basis of the total increase in floor area, or in the number of employees, or in other unit of measurement. The effects of additions, enlargements, and changes in use subsequent to July 18, 1967, shall be cumulative in regard to off-street parking requirements.

(Ord. 1967-80 § 1 (6210.1 (D)), 1967)

18.60.060 - Determination of parking facility requirements—Mixed occupancies and uses not specified.

In the case of a use not specifically mentioned in Section 18.60.110, the requirements for off-street parking facilities for a use which is so mentioned and to which the use is similar, shall apply as determined by the planning commission. In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as specified in Section 18.60.070 for joint use.

(Ord. 1967-80 § 1 (6210.1 (E)), 1967)

The planning commission may, upon application by the owner or lessee of any property, authorize the joint use of parking facilities by the following uses or activities under the conditions specified in this section:

A.

Up to fifty percent of the parking facilities required by this section for a use considered to be primarily a daytime use may be provided by the parking facilities of a church or any auditorium incidental to a public or parochial school or of a use considered to be primarily a nighttime use; up to fifty percent of the parking facilities required by this section for a use considered to be primarily a nighttime use may be provided by

the parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to conditions set forth in subsection D of this section.

B.

Up to one hundred percent of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to conditions set forth in subsection D of this section.

C.

The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, and similar uses. The following uses are typical of nighttime uses: bars, and auditoriums other than those incidental to a public or parochial school or churches.

D.

Conditions required for joint use shall be as follows:

1.

The structure or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another structure or use shall be located within two hundred fifty feet of such parking facility.

2.

The applicant shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed.

3.

If the building, structure, or improvement requiring parking space is in one ownership and the required parking space provided in another ownership, partially or wholly, there shall be a recording in the office of the county recorder, of a covenant by such owner or owners for the benefit of the town in the form first approved by said town that such owner or owners will continue to maintain such parking space so long as the building, structure, or improvement is maintained within the town. The covenant required in this paragraph shall stipulate that the title to and right to use the parcel or parcels upon which the parking space is to be provided will be subservient to the title to the premises upon which the building is to be erected, and that it is warranted that the parcel or parcels are not and will not be made subject to any other covenant or contract for use without prior written consent of the town.

(Ord. 1967-80 § 1 (6210.1 (F)), 1967)

Common parking facilities may be provided in lieu of the individual requirements contained in this chapter, but such facilities shall be approved by the planning commission as to size, shape, and relationship to sites

to be served, provided the total of such off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately, taking into consideration allowable reductions for joint use as set forth in Section 18.60.070. When any such common facility is to occupy a site of five thousand square feet or more, then the parking requirements as specified in this chapter for each of two or more participating buildings or uses may be reduced not more than fifteen percent upon approval of development plans by the planning commission in the manner prescribed for a conditional use permit as set forth in Chapter 18.72, provided such area saved be preserved as open space in addition to other open spaces required by this title. In any case, where common parking facilities are to be provided, there shall be a covenant recorded in a form first approved by the town covering the matters set forth under paragraph D (3) of Section 18.60.070.

(Ord. 1979-166 § 16 (part), 1979: Ord. 1967-80 § 1 (6210.1 (G)), 1967)

The plan of the proposed parking area shall be submitted to the building inspector at the time of the application for the building permit for the structure to which the parking area is accessory. The plans shall clearly indicate the proposed development, including location, size, shape, design, curb, cuts, lighting, landscaping, and other features and appurtenances of the proposed parking lot. All plans shall be reviewed by the town planner prior to approval.

(Ord. 1967-80 § 1 (6210.1 (H)), 1967)

A. Nothing in this title shall be construed as requiring the provision of additional parking spaces for any structure legally existing August 17, 1967, except as provided in Section 18.60.050 or as may be required in the authorization of any conditional use permit or variance.

B.

The provisions of this title which require the provision of off-street parking spaces in connection with the use of property for commercial purposes may be reduced or eliminated by resolution of the council for any parcel of property which is located within any parking district hereafter formed and existing under the provisions of any parking district act approved by the council.

(Ord. 1967-80 § 1 (6210.2), 1967)

Except as otherwise provided in this chapter, the minimum number of off-street parking spaces required shall be as set forth in Table 5. More parking spaces may be required as a condition of any conditional use permit when the planning commission finds that the characteristics of the particular use require more parking. For uses not listed, the number of spaces required shall be stipulated by the planning commission.

TABLE 5

Use Parking Spaces Required

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; Ord. 1979-166 § 16 (part), 1979; Ord. 1967-80 § 1 (6210.4), 1967)

On all parcels, except those used for single-family dwellings, public or private parking facilities having a capacity for three or more vehicles shall be developed and maintained in the following manner:

A.

Surface and Slope of Parking Area. Off-street parking areas shall be paved or otherwise surfaced and maintained so as to eliminate dust or mud and shall be so graded and drained as to dispose of all surface water. In no case shall such drainage be allowed across walks. Maximum slope of parking areas shall be five percent.

B.

Border Barricades, Screening and Landscaping.

1.

Every parking area that is not separated by a fence from any street upon which it abuts shall be provided with a suitable concrete curb or barrier not less than six inches in height. Except for entrance and exit driveways, such curb or barrier shall be continuous and shall be located not less than two feet from such street parcel lines, and such curb or barriers shall be securely installed and properly maintained.

2.

Every parking area abutting property located in one of the R districts shall be separated from such property by a view-obscuring fence or planting screen at least six feet in height measured from the grade of the finished surface of such parking lot closest to the contiguous R district property.

3.

Parking lots shall have a configuration and sufficient planting to accomplish a well-landscaped appearance and shading while avoiding large expanses of paving.

C.

Entrances and Exits. The location and design of all entrances and exits shall be subject to the approval of the town engineer and town traffic committee.

D.

Temporary Landscaping of Extra Spaces. When demonstrated to the satisfaction of the planning commission that not all required parking spaces will be needed for a conditionally permitted use during initial phases of a development, the commission may permit temporary landscaping of such extra spaces provided:

1.

The applicant will be bound to develop such spaces for parking when deemed necessary by the planning commission; and,

2.

That such spaces shall not be counted as satisfying required open space or landscaping provisions of this title.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; Ord. 1979-166 § 16 (part), 1979; Ord. 1976-149 § 1, 1976: Ord. 1967-80 § 1 (6210.5), 1967)

18.60.130 - Parking areas in R, R-MF, and M-U districts.

Every parking area in an R, R-MF, or M-U district shall be governed by the following provisions in addition to those required by Section 18.60.120:

A.

Such parking area shall be incidental to and accessory to a use permitted in the district in which the property is located;

B.

Such parking area shall be so located that its boundary abuts the site of the establishment to which it is accessory unless otherwise permitted by a conditional use permit as provided by Chapter 18.72;

C.

Such parking area shall be used solely for the parking of private passenger vehicles;

D.

Signs as provided for in Chapter 18.40;

E.

When authorized by conditional use permit, as provided by Chapter 18.72, tandem parking, the parking of two vehicles so that one is behind the other, may be permitted; and

F.

Where parking areas provide parking for both residential and non-residential uses, residential parking spaces shall be dedicated to the residential units.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; Ord. 1967-80 § 1 (6210.6), 1967)

A. Short-Term Bicycle Parking. Short-term secure bicycle parking shall be provided to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of four hours or less.

1.

Bicycle Parking Spaces Required. For the following uses, the number of short-term secure bicycle parking spaces shall be ten percent of the parking spaces required in Table 5 of Section 18.60.110, Schedule of required off-street parking spaces, with a minimum of four secure bicycle parking spaces provided per use.

a.

Multi-family dwellings;

b.

All public uses; and

c.

All commercial uses, except automobile/vehicle sales and services.

2.

Location.

a.

Short-term secure bicycle parking shall be located outside of pedestrian walkways, and within one hundred feet of the main entrance to the building it serves.

b.

Short-term secure bicycle parking shall be located outside of the public right-of-way except as allowed through an encroachment permit.

c.

Where the secure bicycle parking area is not visible from the main entrance of the buildings, signs located at the main entrance of the building shall identify the location of bicycle parking.

3.

Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely anchored bicycle rack shall be provided to which a bicycle frame and one wheel (two points of contact) can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such bicycle rack may serve multiple bicycle parking spaces.

Size and Accessibility. Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving other bicycles. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance shall be provided from vehicle parking spaces.

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

CHAPTER 18.62 - ZONING PERMIT AND CERTIFICATE OF OCCUPANCY

No vacant land shall be occupied or used except for public street purposes, public utility distribution or local service lines and minor appurtenances thereto and no structure shall hereafter be erected or structurally altered, nor shall the use of any land or structure be changed until a zoning permit shall have been issued by the town planner, and no building shall be occupied until a certificate of occupancy, if required by Section 18.62.080, shall have been issued by the building inspector.

(Ord. 1967-80 § 1 (6911), 1967)

A. Application shall be made on a form provided by the planning commission secretary at the time application is made for the building permit or if no building permit is required whenever there is any change in the use of any structure or any change of use in any land except for permitted agricultural uses. The applicant shall submit all required data at the time of making application, including the following:

1.

Site plan drawn to scale showing location of all existing and proposed buildings, yards, driveways and parking areas;

2.

For uses for which architectural and site plan review is required, Section 18.64.040 shall govern;

3.

For uses in the F-P zoning district, all information required by Chapter 18.32;

4.

Any other data that may be required by the rules of the planning commission.

B.

Where the application is for change in use of any existing structure or change in use of any land where no structure is involved, the requirement for the submittal of all or part of the above data may be waived by the town planner.

(Ord. 1978-164 § 5, 1978; Ord. 1967-80 § 1 (6911.1), 1967)

When the application for a zoning permit is filed, a fee and service charges established pursuant to Sections 18.34.040 through 18.34.070 shall be paid.

(Ord. 1967-80 § 1 (6911.2), 1967)

The town planner shall check the application and all data submitted therewith to see that all provisions of the zoning ordinance shall be complied with. If the application is for any use for which architectural and site plan review is required, the application shall be referred to the architectural and site control commission in accordance with Chapter 18.64.

(Ord. 1967-80 § 1 (6911.3), 1967)

If the town planner finds, from his investigations and the report, if any required, of the architectural and site control commission, that the proposed use complies with all applicable provisions of this title, he shall issue the permit and maintain a written record of his findings. If the structure or site and proposed use do not comply in all respects with the provisions of the zoning ordinance, the town planner shall deny the application for a zoning permit, setting forth the reasons therefor in writing, and advise the applicant of appeal procedures to the board of adjustment in accordance with Chapters 18.66 and 18.70.

(Ord. 1967-80 § 1 (6911.4), 1967)

The building inspector shall not issue a building permit until the town planner has approved a zoning permit for the structure or structures included in the building permit and has found the building permit and zoning permit to conform one to the other.

(Ord. 1967-80 § 1 (6911.5), 1967)

A. The zoning permit shall lapse and shall become null and void six months following the date on which the zoning permit becomes effective unless:

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 zoning 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 zoning permit application.

B.

A zoning permit may be renewed for an additional period of six months provided that prior to the lapse of the zoning permit an application for renewal of the zoning permit is filed with the town planner. The town planner may grant or deny an application for renewal of a zoning permit. The action on an application for renewal by the town planner may be appealed to the board of adjustment in accordance with Chapters 18.66 and 18.70.

(Ord. 1967-80 § 1 (6911.6), 1967)

Before issuing a certificate of occupancy for a structure or alteration, the building inspector shall determine if the structure or alteration conforms to the zoning permit issued for the structure or alteration. If the structure or alteration is found to conform, he may issue the certificate of occupancy. If the structure or alteration is found not to conform with the zoning permit, he shall not issue the certificate of occupancy, unless it is possible to modify the zoning permit and allow the structure or addition within the provisions of this title taking into consideration any actions by any official or body pursuant thereto. Otherwise, the building inspector shall advise the applicant of appeal procedures to the board of adjustment in accordance with Chapters 18.66 and 18.70. A certificate of occupancy shall be required for all buildings of more than fifty dollars in value.

(Ord. 1967-80 § 1 (6911.7), 1967)

18.62.090 - Referral of zoning permit or certificate of occupancy to officials or agencies—Review and approval—Appeal procedures.

A. The town planner or building inspector, prior to the issuance of the zoning permit or certificate of occupancy, shall, if they deem it necessary, check with the fire chief, health officer, planning commission, the sheriff's office and any other official of the town. For any uses for which architectural and site plan review is required, the application shall be referred to the architectural and site control commission. All officials or agencies so informed shall:

1.

Indicate their approval of the issuance of the permit or certificate on a copy of the permit or certificate; or

2.

Indicate their approval of the permit or certificate on a copy of the permit or certificate, together with the requirements which must be complied with as a condition of occupancy; or

Withhold approval and make a written report to the town planner or building inspector containing reasons for such disapproval; and

4.

Return the permit or certificate and written report to the town planner or building inspector.

B.

Should any town official inform the town planner or building inspector that approval of the permit or certificate is withheld, the town planner or building inspector shall inform the applicant that his permit or certificate is denied, and the reasons therefor. He shall also advise the applicant of appeal procedures to the board of adjustment in accordance with Chapters 18.66 and 18.70.

(Ord. 1967-80 § 1 (6911.8), 1967)

18.62.100 - Zoning permit—Posting.

The zoning permit shall be posted or displayed prominently in the structure or on the site at all times.

(Ord. 1967-80 § 1 (6911.9), 1967)

18.62.110 - Zoning permit—Effective date.

The zoning permit shall become effective immediately after endorsement of the permit by the town planner.

(Ord. 1967-80 § 1 (6911.10), 1967)

18.62.120 - Zoning permit—Validity.

Section 18.34.160 shall govern.

(Ord. 1967-80 § 1 (6911.11), 1967)

18.62.130 - Zoning permit—Revocation.

Section 18.34.180 shall govern.

(Ord. 1967-80 § 1 (6911.12), 1967)

CHAPTER 18.64 - ARCHITECTURAL AND SITE PLAN REVIEW

18.64.010 - Applicability—Purpose.

A. Architectural and site plan review shall be required in connection with matters listed in this section; provisions for the review of other matters by the architectural and site control commission are included in other ordinances of the town:

Applications for building permits for buildings or additions of four hundred square feet or larger or two stories or more;

2.

Applications for building permits for all commercial buildings;

3.

Applications for all building permits for structures on parcels fronting on arterial roads, expressways or freeways as shown on the Portola Valley general plan;

4.

Applications for building permits for antennas with diameters larger than four feet but not exceeding six feet, designed to receive television or microwave signals transmitted from satellite or terrestrial stations;

5.

Applications for building permits for all structures in any area which has been designated as an area of influence in any specific plan adopted pursuant to state law;

6.

Zoning permits for tennis courts and paddle tennis courts;

7.

Applications for conditional use permits except when such permits are for interior alterations only;

8.

Applications for building permits for the restoration or reconstruction of nonconforming buildings as provided for in Section 18.46.030;

9.

Applications for building permits for properties with historic resources as identified in the historic element of the general plan as provided for in Section 18.31.050;

10.

Applications for building permits or zoning permits for recycling and trash enclosures as provided for in Section 18.37.010;

11.

Applications for entryway features as provided for in Section 18.42.016;

Applications for lighting as provided for in Section 18.42.018;

13.

Applications for mail boxes as provided for in Section 18.37.020 F. and Section 18.42.016 B;

14.

Applications for uncovered parking as provided for in Section 18.60.030 D;

15.

Applications for buildings or additions of any size that the town planner determines is appropriate for architectural site plan review in order to accomplish the purposes identified in 18.64.010 B;

16.

Such other matters as shall be referred to the architectural and site control commission by the planning commission.

B.

The purpose of architectural and site plan review and approval is to promote the preservation of the visual character of Portola Valley, the stability of land values and investments, the public safety, and the general welfare by preventing the erection of structures or additions or alterations thereto of unsightly or obnoxious

appearance or which are not properly related to their sites, adjacent uses, and circulation in the vicinity, and by preventing the indiscriminate clearing of property, excessive grading and the destruction of trees and shrubbery.

(Ord. 2015-407 § 1, 2015; Ord. 1994-279 § 2 (part), 1994; Ord. 1994-276 § 4 Exh. A (part), 1994; Ord. 1988242 § 2 Exh. A (part), 1988: Ord. 1987-219 § 3, 1987; Ord. 1986-210 § 2, 1986; Ord. 1981-185 § 1, 1981; Ord. 1967-80 § 1 (6912.1), 1967; Ord. 2001-338 § 8 (part), 2001)

18.64.015 - Application to SB 9 dwelling units.

Applications for design review of SB 9 dwelling units shall be exempt from the architectural and site plan review process in this chapter. Such projects shall instead be acted on by the planning and building director pursuant to the town's SB 9 objective standards checklist and Municipal Code standards.

(Ord. 2021-443 §6, 2021)

18.64.020 - Architectural and site control commission—Constitution.

The architectural and site control commission shall be constituted as provided for in other ordinances of the town.

(Ord. 1967-80 § 1 (6912.2), 1967)

18.64.030 - Review of applications—Referrals from town planner, building inspector, and other officials.

All applications for building permits, zoning permits, and conditional use permits for which architectural and site plan review is required, shall be referred by the official receiving the same to the architectural and site control commission for review and report prior to the issuance of permits therefor by the town.

(Ord. 1967-80 § 1 (6912.3), 1967)

Each application referred to the architectural and site control commission shall be accompanied by the following required information unless waived by the commission, or if required, waived by the planning commission:

A.

Site plan drawn to scale and indicating clearly and with full dimensions the following information, insofar as applicable:

1.

Parcel dimensions;

2.

All existing and proposed buildings and structures: location, size, height and proposed uses;

3.

Yards and open spaces between buildings;

4.

Walls and fences: location, height and materials;

5.

Off-street parking: location, number of spaces and dimensions of parking areas, and internal circulation pattern;

6.

Access: pedestrian, vehicular, equestrian, services, points of ingress and egress, internal circulation;

7.

Signs: location, size and height; type of materials and lighting;

8.

Loading: location, dimensions, number of spaces, and internal circulation;

An exterior lighting plan (on a separate sheet if necessary) which is consistent with the town's lighting regulations and guidelines and which identifies all proposed exterior light fixtures by type, location and intensity of illumination. Further, the method of lighting control shall be specified, e.g. manual switch, tune clock, etc.;

10.

Street dedications and improvements proposed;

11.

Easements for public utility purposes and an indication of whether overhead or underground lines are to be installed;

12.

A planting plan which is consistent with the town's landscaping guidelines and is responsive to the town's desire to encourage those native plants set forth in the town's native plant list; it is anticipated that in some instances existing native vegetation will be adequate and no new planting will be necessary;

13.

Existing grades and proposed finished grades and drainage plan certified by a registered civil engineer or licensed land surveyor;

14.

Recycling and trash enclosures as required by Section 18.37.010;

15.

And such other data as may be required to permit the commission to make its required findings.

B.

Architectural drawings or sketches indicating building floor plans and all the exterior elevations of the buildings or structures under consideration.

C.

When deemed warranted by the architectural and site control commission, a three-dimensional model of a scale and character deemed appropriate by the architectural and site control commission.

D.

The perimeter of all proposed structures shall be clearly staked and labeled on the site at the time of submittal of an application. Said staking shall be maintained during the period the application is under consideration by the town. In addition, the architectural and site control commission may require that the actual bulk of a structure be demonstrated through appropriate means on the site (i.e., balloons, story poles and ridge string).

l be clearly staked and labeled on the site at the time of submittal of an application. Said staking shall be maintained during the period the application is under consideration by the town. In addition, the architectural and site control commission may require that the actual bulk of a structure be demonstrated through appropriate means on the site (i.e., balloons, story poles and ridge string).

(Ord. 1994-279 § 2 (part), 1994; Ord. 1991-266 § 1 (part), 1992; Ord. 1988-242 § 2 (Exh. A) (part), § 3 (Exh. B) (part), 1988; Ord. 1976-166 § 25 (part), 1976; Ord. 1967-80 § 1 (6912.4), 1967)

18.64.045 - Review of applications—Design guidelines.

In preparing applications, applicants should consult the design guidelines adopted by the town. These guidelines include building, site utilization and landscape design concepts the town encourages and a list of trees and plants the town prefers. The design guidelines are consistent with the provisions of Section 18.64.050 and 18.64.060, but are in greater detail. The design guidelines are used by the architectural and site control commission in the review of all applications.

(Ord. 1988-242 § 3 (Exh. B)(part), 1988)

18.64.050 - Review—Guiding principles for external design.

In carrying out the purpose of this title with respect to the external design of structures, the commission shall keep in mind the following principles:

A.

It is not a purpose of this chapter that control of architectural character should be so rigidly enforced that individual initiative is stifled in the design of any particular structure, or substantial additional expense is required; rather, it is the intent of this chapter that any control exercised be the minimum necessary to achieve the overall objectives of this title.

B.

Good architectural character is based upon the suitability of a structure for its purposes; upon the appropriate use of sound materials; and upon the principles of harmony and proportion in the elements of the structure.

C.

Good architectural character is not, in itself, more expensive than poor architectural character, and is not dependent upon the particular style of architecture selected.

D.

The relationship of a structure to its surroundings is of greater importance than the quality of design of the individual structure.

E.

Nonresidential structures shall be compatible with the rural atmosphere of Portola Valley. Small, interesting shapes and groupings are preferred to large, simple, geometric forms of comparable size.

F.

When deemed warranted by the staff or the ASCC, an evaluation shall be made of the compatibility of the proposed project with existing off-site conditions and with potential future off-site conditions to the extent

such conditions can reasonably be anticipated. This evaluation should demonstrate compatibility of the proposed height, bulk and mass with conditions in the area, including anticipated future development of adjoining properties, even if such compatibility requires adhering to standards that are more restrictive than the maximums set forth in this title.

(Ord. 1995-285 § 1 Exh. A (part), 1995: Ord. 1986-210 § 3, 1986: Ord. 1979-166 § 25 (part), 1979; Ord. 1967-80 § 1 (6912.7), 1967)

In addition to reviewing the proposed development in relation to specific requirements and conditions of this title, the architectural and site control commission shall consider such of the following as are applicable to the particular case. This may result in the necessity to reduce floor area, impervious surface or height and may require an increase in setbacks from property lines.

A.

Design of the structure so as to minimize disturbance to the natural terrain;

B.

Maximum possible preservation of existing vegetation;

C.

Design and location of the structure in relation to provision of adequate light and air to itself and its neighbors;

D.

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

E.

Location of entrances and exits and layout of internal circulation in relation to traffic safety and ease and convenience of movement;

F.

Arrangement and intensity of night lighting in relation to public safety and effect on adjoining properties;

G.

Planting and site design as related to problems of drainage and soil erosion;

H.

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

I.

Grading so as to minimize the apparent disturbance to the natural terrain;

J.

With respect to mobile homes certified under the National Mobile Home Construction and Safety Standards Act of 1974, building design may be reviewed only in regard to roof material and color, roof overhang and siding material and color.

(Ord. 1995-285 § 1 Exh. A (part), 1995: Ord. 1986-210 § 4, 1986: Ord. 1981-185 § 2, 1981; Ord. 1979-166 § 25 (part), 1979; Ord. 1967-80 § 1 (6912.8), 1967)

Because the establishment or enlargement of activities and facilities will result in other changes, including an increase in vehicular and other traffic, noise, and activities associated with traffic, the following dedications and improvements are deemed to be necessary and the architectural and site control commission may recommend that they be made and installed so as to prevent congestion and the other hazards that are related to the intensified use of the land:

A.

All streets, both thoroughfares and locals, which are on the front, side or rear property lines of the subject property shall be dedicated to the full width required by the town on the side of the street or highway center line bordering the property. The improvements and dedications may include the following, and appurtenant easements: berms, stabilized shoulder, pedestrian paths, trails, street paving, street trees or other planting, street signs, street lights, and all required utilities, and shall conform to the standards established by the town.

(Ord. 1967-80 § 1 (6912.5), 1967)

18.64.080 - Request for reports or recommendations from town officials.

The architectural and site control commission may request reports and recommendations from the fire chief, town engineer, building inspector, health officer or any other officer of the town regarding matters in their fields of competence or under their jurisdiction and which would be affected by the proposed use or structure.

(Ord. 1967-80 § 1 (6912.6), 1967)

The secretary of the planning commission shall notify owners of properties which adjoin the property described in an application and any homeowners associations whose membership area encompasses the property. Notification shall be sent by mail at least six days prior to the meeting at which the application is to be considered. Alternatively, such notification can be by telephone at least four days prior to the meeting. Failure to comply with these notification requirements shall not nullify the action of the architectural and site control commission.

(Ord. 1988-242 § 3 Exh. B (part), 1988)

The architectural and site control commission shall meet and act on such applications within fifteen days of the time such applications are submitted to the responsible official unless a longer time is agreed to by the applicant. The aforesaid commission shall determine from the reports and data submitted, whether the use and structures will meet the requirements and objectives of this title and shall, upon making a positive finding, recommend approval to the responsible official or body. If from the information submitted, the commission finds that the requirements of this title and the objectives set forth in this title would not be secured, they shall disapprove or recommend approval subject to specified conditions, changes or additions, to the official or body authorized to act on the particular class of permit.

(Ord. 1967-80 § 1 (6912.9), 1967)

Building permits approved by the architectural and site control commission shall become effective sixteen days after approval unless the council elects to review the approval pursuant to Section 18.78.120, or unless the approval is appealed pursuant to Section 18.64.110.

(Ord. 1989-245 § 3 Exh. C (part), 1989)

Architectural and site control commission approvals of building permits shall expire if the permit has not been issued within two years from the date the approval became effective. Applications for extensions beyond this period will not be accepted.

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

18.64.100 - Architectural and site control commission recommendations—Planning commission action.

When the architectural and site control commission has submitted its written recommendations to the planning commission relative to a conditional use permit, further action shall be in accordance with Chapters 18.72 and 18.76.

(Ord. 1967-80 § 1 (6912.11), 1967)

If the applicant, or any other aggrieved party is dissatisfied with the decision of the architectural and site control commission, appeal may be taken to the board of adjustment as provided by Chapter 18.66, provided, however, that such appeal must be filed within fifteen days of the architectural and site control commission decision.

(Ord. 1989-245 § 3 Exh. C (part), 1989: Ord. 1967-80 § 1 (6912.12), 1967)

CHAPTER 18.66 - APPEALS FROM DECISIONS OF ADMINISTRATIVE OFFICIALS AND ARCHITECTURAL AND SITE CONTROL COMMISSION

The board of adjustment shall hear the appeal of any person aggrieved, or any officer, department or board of the town affected by any decision made by any official in the administration or enforcement of this title, including decisions of the architectural and site control commission.

(Ord. 1967-80 § 1 (6921), 1967)

Within fifteen days from the date of the notice of decision which is to be appealed, a written notice of appeal specifying the grounds of appeal must be filed with the official from whom the appeal is made and with the secretary of the board of adjustment.

(Ord. 1989-245 § 3 (Exh. C) (part), 1989: Ord. 1967-80 § 1 (6921.1), 1967)

The notice of appeal shall be made on forms furnished by the secretary of the board of adjustment and shall be full and complete and shall state specifically wherein it is alleged that there is an error in the decision, determination, order or requirement of the official.

(Ord. 1967-80 § 1 (6921.2), 1967)

18.66.040 - Notice of appeal—Official to transmit documents.

When the notice of appeal is filed, the official from whom the appeal is made shall immediately transmit to the secretary of the board of adjustment all of the documents constituting the record upon which the action appealed from was taken.

(Ord. 1967-80 § 1 (6921.3), 1967)

An appeal stops all proceedings of the action being appealed unless the official from whom the appeal is made certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that, by reason of the facts stated in the certificate, a stop would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stopped except by a restraining order which may be granted by the board of adjustment or by a court of record on application, and notice to the official from whom the appeal is made and due cause shown that such restraining order is necessary.

(Ord. 1967-80 § 1 (6921.4), 1967)

18.66.060 - Public hearing.

Section 18.34.110 shall govern.

(Ord. 1967-80 § 1 (6921.5), 1967)

All actions of the Board of Adjustment related to the findings and recommendations shall be in accordance with Section 18.70.080. The board of adjustment shall affirm, change or modify the ruling, decision or determination of the subject matter, or in lieu thereof, make such additional determination as it shall deem proper in the premises, subject to the limitations established by law or ordinance. The decision of the board of adjustment shall specify wherein there was or was not an error of the interpretation of the official from whom the appeal was made, and shall also cite in its findings the specific facts relied upon in making such determination.

(Ord. 1967-80 § 1 (6921.6), 1967) 18.66.080 - Notice of decision. Section 18.70.090 shall govern.

(Ord. 1967-80 § 1 (6921.7), 1967)

18.66.090 - Effective date of decision. Section 18.70.080 shall govern.

(Ord. 1967-80 § 1 (6921.8), 1967)

18.66.100 - Records of appeal hearing. Section 18.70.100 shall govern.

(Ord. 1967-80 § 1 (6921.9), 1967)

18.66.110 - Appeal to council. Sections 18.78.010 through 18.78.110 shall govern.

(Ord. 1967-80 § 1 (6921.10), 1967)

18.66.120 - Review by council. Section 18.78.120 shall govern. (Ord. 1967-80 § 1 (6921.11), 1967) CHAPTER 18.68 - VARIANCES

18.68.010 - Applicability.

Where it is alleged that practical difficulties, unnecessary hardships or results inconsistent with the purposes of this title would result from the strict and literal interpretation of this title and the enforcement thereof, the board of adjustment shall have the authority to investigate and hear applications for variances from the strict application of provisions of this title and thereafter grant in whole, or in part, or deny such applications in the following cases:

A.

To vary any of the requirements of this title in the case of a parcel that is exceptionally narrow, shallow or of unusual shape, or where unusual topographic or other exceptional or extraordinary conditions exist and limit the use of such parcel, but only to the extent necessary to secure a building or structure practicable in construction and arrangement on such parcel;

B.

To permit modifications in any of the requirements of this title where adjacent to a parcel there is a legal nonconforming use, or building that does not conform in other respects to the regulations of this title for the district in which it is situated, but only to the extent necessary to permit the practicable utilization of such parcel.

(Ord. 1967-80 § 1 (6923), 1967)

18.68.020 - Filing of application—Required data.

Application for a variance shall be filed with the secretary of the board of adjustment by the applicant. The applicant shall submit all required data in accordance with Section 18.34.080.

(Ord. 1967-80 § 1 (6923.1), 1967)

18.68.025 - California Environmental Quality Act—Required data.

If after review of the application the town staff determines that an initial study and/or an environmental impact statement is/are required pursuant to the California Environmental Quality Act and the town's local guidelines, the applicant shall furnish such data as required by the town.

(Ord. 1988-229 § 2 (part), 1988)

18.68.030 - Application—Not within scope of required procedure.

Section 18.34.090 shall govern.

(Ord. 1967-80 § 1 (6923.2), 1967)

18.68.040 - Application—Filing fees.

When the application for a variance is filed, a fee established pursuant to Sections 18.34.040 through 18.34.070 shall be paid.

(Ord. 1967-80 § 1 (6923.3), 1967)

18.68.050 - Investigation.

Section 18.34.100 shall govern for the secretary of the board of adjustment.

(Ord. 1967-80 § 1, (6923.4), 1967)

18.68.060 - Public hearing.

Section 18.34.110 shall govern.

(Ord. 1967-80 § 1 (6923.5), 1967)

A. The board of adjustment shall grant the requested variance in whole or in part, if from the facts presented in connection with the application, or at the public hearing, it appears and the board of adjustment specifies in its findings the facts that establish:

1.

There are special circumstances applicable to the property, including, but not limited to, size, shape, topography, location or surroundings that do not apply generally to other properties or uses in the district;

2.

Owing to such special circumstances the literal enforcement of the provisions of this title would deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning;

3.

The variance is subject to such conditions as are necessary to assure the adjustment authorized will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and zone in which such property is situated;

4.

The variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity or in the district in which the property is located;

5.

A variance shall not be granted for a parcel of property which authorizes a use or activity which is not authorized by the zone regulation governing the parcel of property.

6.

That the granting of such variance shall be consistent with this title and the general plan.

B.

If the facts do not establish that all of the six conditions set forth in subsection A. of this section apply to the subject case, the board of adjustment shall deny the requested variance.

(Ord. 2008-371 § 1, 2008)

A. In authorizing the granting of any variance, the board of adjustment may require that the use conform with the site plan, architectural drawings or statements submitted in support of the application or such

modification thereof as it may deem necessary to protect the public health, safety and general welfare and secure the objectives of this title and the general plan. The board may also impose such other conditions as it may deem necessary to achieve these purposes, including, but not limited to, the following:

1. Special yards, open spaces and buffers;

2. Fences and walls;

3. Surfacing of parking areas and specifications therefore;

4. Street dedications and improvements, including provision of service roads or alleys when practical and necessary;

5. Regulation of points of vehicular ingress and egress;

6. Regulation of signs;

7. Landscaping and maintenance thereof;

8. Maintenance of the grounds;

9. Control of noise, vibration, odors and other potentially dangerous or objectionable elements;

10. Limits on time for conduct of certain activities;

11. Time period within which the proposed use shall be developed. See Sections 18.68.120 or 18.68.130;

12. And such other conditions as will make possible the development of the town in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title and the general plan.

B.

The board of adjustment may require reasonable guarantees that such conditions will be complied with.

(Ord. 1967-80 § 1 (6923.7), 1967)

In addition to the requirements set forth in Section 18.70.090, a copy of the resolution shall be filed with the town clerk and one sent to the building inspector by the secretary of the board of adjustment.

(Ord. 1967-80 § 1 (6923.8), 1967)

18.68.100 - Record of public hearing.

Section 18.70.100 shall govern.

(Ord. 1967-80 § 1 (6923.9), 1967)

18.68.110 - Effective date of decision.

Section 18.70.080 shall govern.

(Ord. 1969-99 § 1 (part), 1969: Ord. 1967-80 § 1 (6923.10), 1967)

18.68.120 - Time limit for development.

The board of adjustment may establish a time limit within which the subject property and use shall be developed. The time limits set by the board of adjustment shall be reasonable, based upon the size and nature of the proposed development. The time limit may be extended by the board of adjustment for good cause when the applicant presents proof of unusual conditions not of his own making.

(Ord. 1967-80 § 1 (6923.11), 1967)

18.68.130 - Lapse of variance.

If no time limit is established as provided under Section 28.68.120, Section 18.34.150 shall govern.

(Ord. 1967-80 § 1 (6923.12), 1967)

18.68.140 - Validity of permits, certificates or licenses.

Section 18.34.160 shall govern.

(Ord. 1967-80 § 1 (6923.13), 1967)

18.68.150 - Appeal to council.

Sections 18.78.010 through 18.78.110 shall govern.

(Ord. 1967-80 § 1 (6923.14), 1967)

18.68.160 - Review by council.

Section 18.78.120 shall govern.

(Ord. 1967-80 § 1 (6923.15), 1967)

18.68.170 - Revocation of variance.

Section 18.34.180 shall govern.

(Ord. 1967-80 § 1 (6923.16), 1967)

18.68.180 - New application.

Following the denial or revocation of a variance, no application for a variance for the same or substantially the same exception to this title on the same or substantially the same site shall be filed within one year from the date of denial or revocation of a variance.

(Ord. 1967-80 § 1 (6923.17), 1967)

CHAPTER 18.70 - BOARD OF ADJUSTMENT

The planning commission shall act as the board of adjustment. The procedures and requirements set forth in the following sections shall govern public hearings before the board of adjustment and actions on matters requiring public hearings.

(Ord. 1967-80 § 1 (6929), 1967)

The secretary of the board of adjustment shall set a reasonable time and place for the public hearing which shall be held not less than twenty-one nor more than fifty-five days after the receipt of the application or necessary documents pertaining to or requiring a public hearing unless different time limits are specified under the chapter of this title dealing with the specific action.

(Ord. 1967-80 § 1 (6929.1), 1967)

Public notice of hearing shall set forth the description of the property and the nature of the matter under consideration and the time and place at which the public hearing on the matter will be held. The notice shall bear the following words as the case may be:

A.

Public hearing on the appeal from decision of administrative officials—The words "Notice of Appeal";

B.

Public hearing on a variance—The words "Notice of Application for Variance."

(Ord. 1967-80 § 1 (6929.2), 1967)

18.70.040 - Notice of public hearing—Publication and distribution.

All notices for public hearings before the board of adjustment shall be made in accordance with requirements in Section 18.76.040.

(Ord. 1988-229 § 1 (Exh. A) (part), 1988: Ord. 1967-80 § 1 (6929.3), 1967)

The board of adjustment shall review the application or action and the reports of investigations as well as other evidence pertinent to any action to be taken. The board of adjustment shall hear all persons wishing to be heard relative to the subject matter for the public hearing. The applicant or appellant may appear in his own behalf or be represented by counsel or other duly authorized representative.

(Ord. 1967-80 § 1 (6929.4), 1967)

18.70.060 - Public hearing—Transcript.

Any person interested in an application or appeal may, in advance of the hearing, request the secretary of the board of adjustment to provide for recording all testimony in a stenographic report. Such request shall be in writing and the person making the request shall agree to pay all costs involved in the taking and preparation of the stenographic report. If two or more persons request a stenographic report of the testimony, they shall share the cost equally. Such costs shall be in addition to any other fees. Nothing in this chapter shall prevent any interested person from employing a stenographic reporter of his own, if he so chooses. The board of adjustment may, on its own motion, provide for the recording of testimony in a stenographic report within limits of funds available for such purposes.

(Ord. 1967-80 § 1 (6929.5), 1967)

If, for any reason, testimony on any case set for public hearing cannot be completed on the day set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, the hearing will be continued, and no further notice is required. The secretary of the board of adjustment shall, within twenty-four hours, post a notice of adjournment at or near the meeting place door giving the date and time to which the meeting was adjourned.

(Ord. 1967-80 § 1 (6929.6), 1967)

The board of adjustment shall act within fourteen days after the conclusion of the public hearing. Action shall be by resolution which shall set forth the findings of the board of adjustment and any recommended conditions and any specific findings or recommendations specified under the chapter of this title dealing with the specific action. Any action shall be by a majority of all voting members. The decision of the board of adjustment is final on the fifteenth day at the close of business hours following the date of decision of the board of adjustment, unless the town council elects to review the decision or unless an appeal is filed.

(Ord. 2012-397 § 4, 2012; Ord. 1967-80 § 1 (6929.7), 1967)

Not later than five days following the action of the board of adjustment, the secretary of the board of adjustment shall notify the town clerk of the action taken. Not later than ten days following the rendering of a decision, a copy of the resolution shall be sent by certified mail or registered mail to the applicant at the address as shown on the application filed with the secretary of the board of adjustment, or in the case of an appeal, to the appellant at the address shown on the appeal filed with the secretary of the board of adjustment, and a copy of the resolution shall be forwarded to the official from whom the appeal was made, by the secretary of the board of adjustment. Other copies of the resolution shall be mailed or filed as specified under the chapter of this title dealing with the specific action.

(Ord. 1967-80 § 1 (6929.8), 1967)

18.70.100 - Permanent records of public hearings.

The secretary of the board of adjustment shall make a record of the evidence presented at such public hearing unless a complete transcript is requested under Section 18.70.060. The record or transcript, together with the resolution announcing the findings of the public hearing, shall be maintained as a part of the permanent records of the town.

(Ord. 1967-80 § 1 (6929.9), 1967)

The secretary of the board of adjustment shall transmit the complete record of all cases to the council upon request of the town clerk or council.

(Ord. 1967-80 § 1 (6929.10), 1967)

CHAPTER 18.72 - CONDITIONAL USE PERMITS

A conditional use permit may be authorized by the planning commission for any conditional use listed in this title. The procedures and requirements set forth in this chapter and in Chapter 18.76 shall govern the granting or denying of conditional use permits.

(Ord. 1967-80 § 1 (6935), 1967)

The uses listed as conditional uses are declared to be uses possessing characteristics of such unique and special qualities as to require special review to determine whether or not any such use should be permitted in a specific location which may be proposed.

(Ord. 1973-119 § 4 (part), 1973: Ord. 1967-80 § 1 (6935.1 (part)), 1967)

The purposes of the review are to:

A.

Determine whether the location proposed for the conditional use applied for is properly related to the development of the neighborhood or community as a whole;

B.

Determine whether or not the use proposed in the particular location would be reasonably compatible with the types of uses normally permitted in the surrounding area;

C.

Evaluate whether or not adequate facilities and services required for such use exist or can be provided;

D.

Determine whether the site is or can be made safe from hazards of storm water runoff, soil erosion, earth movement, earthquake, and other geologic hazards;

E.

Stipulate such conditions and requirements as would reasonably assure that the basic purposes of this title and the objectives of the general plan would be served.

(Ord. 1973-119 § 4 (part), 1973: Ord. 1967-80 § 1 (6935.1 (A)), 1967)

Factors to be considered are:

A.

The relationship of the location proposed to:

1.

The service or market area of the use or facility proposed,

2.

Transportation, utilities and other facilities required to serve it,

3.

Uses of other lands in the vicinity,

4.

The suitability of the soils, geology and hydrology for the proposed use;

B.

Probable effects on persons, land uses, and properties adjoining and the general vicinity, including:

1.

Probable inconvenience, economic loss, or hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people,

2.

Probable hazard from explosion, contamination or fire,

3.

Probable inconvenience, damage or nuisance from noise, smoke, odor, dust, vibration, radiation or similar causes;

C.

The compliance of the proposed use with service area or market area requirements established by this title and/or the town general plan.

(Ord. 1979-166 § 26 (part), 1979; Ord. 1973-119 § 4 (part), 1973: Ord. 1967-80 § 1 (6935.1 (B)), 1967)

A. The provisions for required front, rear and side yards and requirement for height and area applicable to the particular district in which any such use is proposed to be located shall prevail unless, in the findings and conditions recited in the resolution dealing with each such matter, specific additional requirements are made with respect thereto.

B.

Specific exceptions may be made in the case of a conditional use permit for the following reasons:

1.

A planned unit development, but only to the extent permitted by Chapter 18.44; or

2.

A wireless communication facility, when the findings set forth in Section 18.52.120 are made.

(Ord. 1997-295 § 5, 1997; Ord. 1967-80 § 1 (6935.2), 1967)

The requirements for provision of off-street parking and loading applicable to the particular use shall prevail, unless in the findings and conditions recited in the resolution dealing with each such matter specific additional requirements are made with respect thereto.

(Ord. 1967-80 § 1 (6935.3), 1967)

Application for a conditional use permit shall be filed with the secretary of the planning commission by the applicant. The applicant shall submit all required data in accordance with Section 18.34.010 and, where applicable, Section 18.64.040. Where an application includes land within the F-P zoning district, all information required by Chapter 18.32 shall be submitted. Where an application includes land with an historic resource as identified in the historic element of the general plan, all information required by Chapter 18.31 shall be submitted. In addition, applications for planned unit developments shall be accompanied by:

A.

Petition. A petition which shall set forth the following:

Names, addresses and extent of interest owned in the parcel proposed for planned unit development;

2.

A legal description of the parcel and a statement of the area contained therein;

3.

A title report verifying the description and vestees;

4.

Title and other data identifying the site plan;

5.

The method whereby the landscaped areas adjacent to building sites and any landscaped open areas are to be established and maintained;

6.

A statement regarding areas proposed to be dedicated to public use and any easements to be established for access, public utilities or to preserve open space;

7.

A declaration that the parcel is to remain under the same ownership and control during development and whether it is to be divided into smaller units after development and the manner and method of the division;

8.

A copy of any proposed deed restrictions and covenants proposed to be recorded;

9.

A copy of any articles of incorporation and by-laws for any property owners association proposed or, should there be none, then a statement of the methods, procedures and/or form of organization to be established to assure continued conformity with the approved development plan and any conditions attached to the approval thereof.

B.

Site Plan. Site plan and other information as required by Section 18.64.040 but showing in addition the following:

1.

Landscaped and open areas, location, extent and a notation indicating whether they are intended for private use, for service to the entire planned unit development, or for general public use;

Proposed streets and highways as shown on any precise plan or as official plan lines; existing and proposed streets, ways, sewers, storm drains, fire hydrants, gas, water, power and telephone, and other public utilities for the unit;

3.

If any future division is contemplated, the boundaries and area to the nearest two percent of each proposed parcel. Should a subdivision of the unit be proposed or undertaken, the regulations of the subdivision ordinance shall apply.

C.

General Development Schedule. The general development schedule shall indicate to the best of applicant's knowledge the approximate date on which construction of the project can be expected to begin, the anticipated rate of development and completion date. The development schedule, if approved by the council, shall become part of the development plan and shall be adhered to by the applicant and his successors in interest.

D.

Other Data. Such other data as may be required to permit the planning commission and the council to make their required findings.

(Ord. 1994-276 § 4 Exh. A (part), 1994; Ord. 1978-164 § 6, 1978; Ord. 1967-80 § 1 (6935.4), 1967)

18.72.075 - California Environmental Quality Act—Required data.

If after review of the application the town staff determines that an initial study and/or an environmental impact statement is/are required pursuant to the California Environmental Quality Act and the town's local guidelines, the applicant shall furnish such data as required by the town.

(Ord. 1988-229 § 2 (part), 1988)

18.72.080 - Applications not within scope of required procedure.

Section 18.34.090 shall govern.

(Ord. 1967-80 § 1 (6935.5), 1967)

When the application for a conditional use permit is filed, a fee established pursuant to Sections 18.34.040 through 18.34.070 shall be paid.

(Ord. 1967-80 § 1 (6935.6), 1967)

18.72.100 - Application—Referral to architectural and site control commission.

If required under Chapter 18.64, after the receipt of a verified application complete with the site plan and architectural drawings or sketches, the secretary of the planning commission shall immediately refer the

application and attachments to the architectural and site control commission for their written recommendations in accordance with Chapter 18.64.

(Ord. 1967-80 § 1 (6935.7), 1967)

Section 18.34.100 shall govern for the secretary of the planning commission.

(Ord. 1967-80 § 1 (6935.8), 1967)

18.72.120 - Planning commission—Public hearing.

Section 18.34.120 and Chapter 18.76 shall govern.

(Ord. 1967-80 § 1 (6935.9), 1967)

18.72.130 - Planning commission—Findings—Action.

A. All actions of the planning commission related to the findings shall be taken in accordance with the requirements of Section 18.76.080. The planning commission may grant a conditional use permit if it finds that:

1.

The proposed use or facility is properly located in relation to the community as a whole and to land uses and transportation and services facilities in the vicinity.

2.

The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping and such other features as may be required by this title or in the opinion of the commission be needed to assure that the proposed use will be reasonably compatible with land uses normally permitted in the surrounding area and will insure the privacy and rural outlook of neighboring residences.

3.

The site for the proposed use will be served by streets and highways of adequate width and pavement type to carry the quantity and kind of traffic generated by the proposed use.

4.

The proposed use will not adversely affect the abutting property or the permitted use thereof.

5.

The site for the proposed use is demonstrated to be reasonably safe from or can be made reasonably safe from hazards of storm water runoff, soil erosion, earth movement, earthquake and other geologic hazards.

The proposed use will be in harmony with the general purpose and intent of this title and the general plan.

7.

When this title or the town general plan specifies that a proposed use shall serve primarily the town and its spheres of influence, the approving authority must find that it is reasonable to conclude, based on the evidence before it, that the proposed use will meet a need in the town and that a majority of the clientele of the proposed use will come from the town and its spheres of influence within the near future, normally no more than two years. In general, in making such finding, the approving authority shall, in addition to other information, explicitly take into consideration all similar uses in the town and its spheres of influence.

8.

For wireless communications facilities, findings in addition to those set forth above shall be made as called for in Section 18.41.060.

B.

If the planning commission is unable to make the findings required above, the planning commission shall disapprove the granting of the conditional use permit. Action of the planning commission in approving or disapproving the granting of the conditional use permit shall be final, except that the matter may be appealed to the council in accordance with Sections 18.78.010 through 18.78.110 or the council may elect to review the action of the planning commission in accordance with the provisions of Section 18.78.120.

ranting of the conditional use permit. Action of the planning commission in approving or disapproving the granting of the conditional use permit shall be final, except that the matter may be appealed to the council in accordance with Sections 18.78.010 through 18.78.110 or the council may elect to review the action of the planning commission in accordance with the provisions of Section 18.78.120.

(Ord. 2011-393 § 4, 2011; Ord. 1998-313 § 2, 1998; Ord. 1997-295 § 6, 1997; Ord. 1980-177 § 3, 1980; Ord. 1979-166 § 26 (part), 1979; Ord. 1973-119 § 4, 1973: Ord. 1967-80 § 1 (6935.10), 1967; Ord. 2001-337 § 4 (part), 2001)

18.72.140 - Granting of conditional use permit—Conditions.

A. In granting any conditional use permit the planning commission may require that the use conform with the site plan, architectural drawings or statements submitted in support of the application or such modification thereof as it may deem necessary to protect the public health, safety and general welfare and secure the objectives of the general plan. The planning commission may also require such other conditions as it may deem necessary to achieve these purposes including but not limited to the following:

1.

Special yards, open spaces and buffers;

2.

Fences and walls;

3.

Surfacing of parking areas and specifications therefor;

Street dedications and improvements, including provision of service roads, when practical and necessary, dedications of utilities easements, trail easements, sites for public use, and to preserve open spaces;

5.

Regulation of points of vehicular ingress and egress;

6.

Regulation of signs;

7.

Landscaping and the maintenance thereof;

8.

Maintenance of grounds;

9.

Control of noise, vibration, odors, and other potentially dangerous or objectionable elements;

Limits on time for conduct of certain activities;

11.

Time period within which the proposed use shall be developed. See Section 18.72.210 or Section 18.72.220;

12.

And such other conditions as will make possible the development of the town in an orderly and efficient manner and in conformity with the interest and purposes set forth in this title and the general plan.

B.

The planning commission may require such guarantees as it deems necessary to insure that such conditions will be complied with.

(Ord. 1967-80 § 1 (6935.11), 1967)

18.72.150 - Notice of decision.

Section 18.76.090 shall govern.

(Ord. 1967-80 § 1 (6935.12), 1967)

18.72.160 - Record of public hearing.

Section 18.76.100 shall govern.

(Ord. 1967-80 § 1 (6935.13), 1967)

The planning commission secretary shall submit the entire file on the case to the council at the request of the town clerk.

(Ord. 1967-80 § 1 (6935.14), 1967)

18.72.180 - Appeal of planning commission action.

The action of the planning commission may be appealed to the council in accordance with Sections 18.78.010 through 18.78.110.

(Ord. 1967-80 § 1 (6935.15), 1967)

18.72.190 - Appeal of planning commission action—Transmittal of documents to town clerk.

Section 18.78.040 shall govern.

(Ord. 1967-80 § 1 (6935.26), 1967)

The council may elect to review the approval by the planning commission pursuant to Section 18.78.120.

(Ord. 1989-245 § 3 (Exh. C) (part), 1989)

18.72.200 - Effective date.

The conditional use permit shall become effective on the fifteenth day at the close of business hours following the date on which the permit is approved unless an appeal is filed.

(Ord. 2012-397 § 5, 2012; Ord. 1967-80 § 1 (6935.20), 1967)

Editor's note— Ord. 2012-397, § 5, adopted June 27, 2012, changed the title of § 18.72.200 from "Issuance of a conditional use permit—Effective date" to "Effective date."

The planning commission may establish a time limit within which the subject property and use shall be developed. The time limits set by the planning commission shall be reasonable, based upon the size and nature of the proposed development. The time limit may be extended by the planning commission for good cause when the applicant presents a proof of an unusual condition not of his own making.

(Ord. 1967-80 § 1 (6935.21), 1967)

18.72.220 - Lapse of a conditional use permit.

If no time limit is established as provided under paragraph A (11) of Section 18.72.140 or Section 18.72.210, Section 18.34.140 shall govern.

(Ord. 1967-80 § 1 (6935.22), 1967)

18.72.230 - Validity of permits, certificates or licenses.

Section 18.34.160 shall govern.

(Ord. 1967-80 § 1 (6935.23), 1967)

18.72.240 - Revocation.

Section 18.34.180 shall govern.

(Ord. 1967-80 § 1 (6935.24), 1967)

Following the denial or revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of such conditional use permit.

(Ord. 1967-80 § 1 (6935.25), 1967)