Sec. 153.985 - Allowable land uses for SB9 lots. — Woodside Zoning Code

(A)

SB9 lots shall only contain uses listed below in Tables R-1 and R-2. The tables set forth in this section indicate, by the symbol "X", the permitted and accessory uses allowed in each district. Uses not listed in the table under any case category, shall not be permitted under this section unless the Planning Director determines that the use is similar to the uses listed in the Tables R-1 and R-2. Any uses not listed in the tables below and determined by the Planning Director not to be a similar use to those listed, shall not be permitted on SB9 lots. In no case shall accessory dwelling units (ADUs) or junior accessory dwelling units (JADUs) be permitted on an SB9 lot. Existing main residences, ADUs, and JADUs that remain on an SB9 lot as part of an SB9 lot split or SB9 housing project are reclassified as SB9 units. Any existing nonconforming uses, including nonconforming uses created by a SB9 housing project, are subject to the SB9 nonconforming standards in Section 153.987.

TABLE R-1: Permitted Uses on SB9 Lots

TABLE R-1: Permitted Uses on SB9 Lots
Permitted Uses	R-1	SR	RR	SCP
SB9 units (including any residential uses typically associated and located within/attached to a residential dwelling, including Home Occupations as defned in § 153.005 and limited by § 153.111)	X	X	X	X
Residential Care Homes	X	X	X	X
Supportive Housing	X	X	X	X

TABLE R-2: Accessory Uses on SB9 Lots

Accessory Uses	R-1	SR	RR	SCP
Keeping of domestic animals for noncommercial purposes, including small, enclosed animal shelters no larger than 100 square feet and no taller than 5 feet that meet required front setbacks, and are at least 10 feet from side and rear property lines (not to count as foor area); and the keeping of not more than three adult dogs. A kennel permit shall be required for the keeping of more than three adult dogs, subject to review and approval as per § 115.14(A)(1) and (2) and (B)—(E) (Stable permit exceptions) of the Code. The limitation on the number of dogs shall not apply to animals less than 6 months old.	X	X	X	X
Electric vehicle charging stations	X	X	X	X
Fences and Walls subject to the Height and location requirements of this chapter	X	X	X	X
Of-road parking	X	X	X	X
Signs subject to the provisions of § § 153.501 through 153.507 of this chapter	X	X	X	X

(B)

Existing permitted and accessory uses, and structures, that occur onsite and are not listed in Tables R-1 and R-2 prior to becoming an SB9 lot, may remain if they continue to comply with Chapter 150 (Building Regulations). Such uses and structures shall be deemed nonconforming and are subject to the nonconforming standards in this section.

(C)

Existing animal accessory uses not listed in Tables R-2 that occur onsite prior to becoming an SB9 lot, may remain subject to the following requirements:

(1)

The number of any type of animals currently living on a property in compliance with Table A-3 (Accessory Uses in Residential Zoning Districts) of this chapter that no longer comply with the property size requirements for animals listed in Table A-3 after an SB9 lot split shall be subject to review and approval per Sections 115.14(A)(1) and (2) and (B)—(E) (Stable permit exceptions) of the Code to remain on the SB9 lot.

(2)

Unoccupied nonconforming barns may be used to house domestic animals permitted in Table R-2, or may be used to house horses, subject to all requirements in Chapter 115 (Stables). No new animal shelters shall be permitted except small structures for domestic animals that comply with the requirements in Table R-2.

(D)

Rental of all units shall be for a term of more than 30 days. Rentals of 30 days or less are prohibited.

(Ord. 2022-624, § 4(Exh. B), effective 2-10-22)

Sec. 153.986 - Objective development standards for SB9 housing projects.

(A)

SB9 units shall comply with all development regulations in Chapters 151 (Site Development) and 153 (Zoning) unless such regulation is modified by this section. In the event there is a conflict between this section and other parts of the Municipal Code, the requirements in this section shall apply. Table S-1 below provides development standards for SB9 units that are up to 800 square feet in floor area on any parcel greater than 1,200 square feet in a single-family residential zone.

TABLE S-1: Development Standards for all SB9 Lots

TABLE S-1: Development Standards for all SB9 Lots
Development Standards	Zoning Districts
	R-1	SR	RR	SCP
Lot Area Size Minimum	None. See Chapter 152, Article XIV for SB9 lot splits
Floor Area Maximum (Square Feet)
SB9 Unit Size	800	800	800	800
TFA1	1,600 (Includes 800 for each SB9 Lots.)
Setbacks Minimum (Feet)
Front	30	50	50	50
Sides	4	4	4	4
Rear	4	4	4	4
Ministerial Setback Encroachments	Ministerial exceptions to setbacks in Section 153.207(C) apply for SB9 housing projects with the following modifcations: 1. The minimum setback is four feet to the side and rear, and the encroachments allowed in Section 153.207(C)(1), are prohibited.

	2. Heating, Ventilation, and Air Conditioning (HVAC) equipment must be at least four feet from side and rear property lines and comply with the required front setback, or a greater setback if required by Chapter 150 (Building Regulations). 3. Section 153.207(C)(6) [Building Corner Wall Exception] is not permitted on SB9 lots.
Height Maximum (Feet)
Plate Height	11	11	11	11
Building	17	17	17	17
Ministerial and Discretionary Height Exceptions listed in Section 153.208(C) and (D)	Not Permitted	on SB9 lots
Parking
Number of spaces	One parking space per unit
Paved Area and Surface Coverage Maximum (Square Feet)	(10% of lot area in square feet + 1,000)(1.2)	50% of lot area or 15,000, whichever is less	50% of lot area or 15,000, whichever is less	50% of lot area or 9,000, whichever is less
Basements (Cubic Yards)	Not Permitted
Design Review Process	Town staf shall review SB9 housing projects for compliance with the objective design standards on fle in the Planning Department with review of a building permit application
Exceptions for the Woodside Glens in this chapter	Not Permitted on SB9 lots
1Unused allowable foor area for any individual SB9 unit may not be used to increase the allowable size any other SB9 unit.

(B)

Exceptions to standards in Chapters 151 and 153 for SB9 Housing Projects. If it is not feasible to comply with all applicable standards for SB9 housing projects when constructing up to two 800-square-foot residential units on a property, the applicant shall provide all necessary information requested by the Town (e.g., a topographic survey, septic feasibility study, etc.) to demonstrate that it is infeasible to construct one or both of the proposed 800-square-foot residential units while complying with all applicable development standards for review by the Town. Once the complete feasibility study is reviewed by the Town, the

Planning Director, and Town Engineer if the exception is subject to Section 151.60, shall determine which of the development standards in Chapters 151 (Site Development) and 153 (Zoning) may be modified to allow for up to two residential units that are no more than 800 square feet and evaluate feasible locations for the residential unit(s) to find the location(s) that create the fewest impacts to environmentally sensitive areas such as stream corridors, wetlands, and steep slopes.

(Ord. 2022-624, § 4(Exh. B), effective 2-10-22)

Sec. 153.987 - Nonconforming structures, uses, and paved area and surface coverage.

(A)

Any existing structures, site improvements, and uses on an SB9 lot that do not conform to the land use and development regulations in this section shall become nonconforming once the lot is converted to an SB9 lot from completion of an SB9 lot split or SB9 housing project. Any nonconforming uses or structures on an SB9 lot are not subject to the regulations in Sections 153.230—153.239 and shall be subject to the regulations within this section.

(B)

A nonconforming use or structure may be continued, except as otherwise provided in this section.

(C)

Maintenance may be performed on a nonconforming structure.

(D)

Nonconforming uses shall not be altered, increased, enlarged, or established.

(E)

Nonconforming structures may be altered if such alteration does not result in a change of use, other than a conversion to an SB9 unit if such conversion complies with the minimum development standards in this section, and complies with the following:

(1)

Demolition or structural alterations of more than 25 percent of the existing structural walls shall not occur unless materials submitted with the permit application include the following:

(a)

An notarized affidavit from the property owner that a residential unit subject to complete or partial demolition or structural alteration has not been occupied by a tenant in the previous three years from the date of application;

(b)

Removal of the nonconforming accessory structure, without replacement;

(c)

Details including modifications to an existing residential unit to comply with the minimum development standards for SB9 units in this section, and all Chapter 150 (Building Regulations); or,

(d)

Details that demonstrate that: any proposed reconstruction of such demolition replaces all exterior structure features (e.g., walls; window and door sizes and locations; roofs, etc.), as it currently exists unless modifications are required by Chapter 150 (Building Regulations) and consistent with this section; the modifications reduce the nonconformity removing, not altering, existing structure features, or the modifications comply with the objective design standards as noted in subsection (2).

(2)

Modifications to the exterior of the structure shall comply with the objective design standards, such as, exterior materials windows, doors, lighting location/fixture types, and, roofing;

(3)

Increases to the existing, or the creation of new, nonconforming attributes are prohibited.

(4)

Increases/expansion to the existing footprint, plate heights, and overall structure height are prohibited.

(5)

Mitigation required for structures in areas listed in Section 153.983, shall not conflict with the other requirements of Section 153.986;

(G)

Nonconforming paved area and surface coverage shall be subject to the following:

(1)

Paved area and surface coverage may be repaired or replaced in the same location.

(2)

Paved area and surface coverage totaling no more than 250 square feet may be relocated within a 12 consecutive month period. The 12 consecutive month period shall begin on the date of receiving a final inspection of the relocated materials.

(3)

Paved area and surface coverage totaling more than 250 square feet may be relocated if: the relocation will result in elimination of the nonconformity; or, the relocation will result in a reduction of 25 percent or more of the paved area and surface coverage which exceeds the maximum permitted paved area and surface coverage for the SB9 lot.

(Ord. 2022-624, § 4(Exh. B), effective 2-10-22)

Sec. 153.988 - Deed restriction requirements.

(A)

Along with the approval of a SB9 housing project, a deed restriction that includes notarized signatures of all property owners shall be recorded on the SB9 lot including the following restrictions:

(1)

The lot shall be subject to SB9 allowable land uses and development standards outlined in the Woodside Municipal Code;

(2)

Rental of all units shall be for a term of more than 30 days. Rentals of 30 days or less are prohibited; and,

(3)

All existing site improvements that become nonconforming to general or SB9 Municipal Code regulations from the SB9 housing project may only be modified subject to SB9 objective development standards outlined in Municipal Code Section 153.980.

(B)

No removal or modification of the recorded deed restriction shall occur without Town approval, or state laws that supersede current deed restriction requirements. Alternatively, SB9 housing projects that were not part of an SB9 lot split could remove the SB9 housing project improvements, remove the deed restriction, and revert back to general site development and zoning development standards.

(Ord. 2022-624, § 4(Exh. B), effective 2-10-22)

Sec. 153.989 - Denial of applications.

(A)

An application for an SB9 housing project shall be ministerially reviewed and approved subject to the requirements in this section unless:

(1)

The Woodside Building Official makes written findings, based upon a preponderance of the evidence, that the proposed SB9 housing project would have a specific, adverse impact, as defined in California Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact;

(2)

The SB9 housing project does not comply with any objective standards outlined in this section; or,

(3)

The SB9 housing project does not comply with objective requirements set forth by other regulatory agencies, such as the Woodside Fire Protection District and San Mateo County Environmental Health.

(Ord. 2022-624, § 4(Exh. B), effective 2-10-22)