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

(Ord. 2021-443 §5, 2021)

This chapter applies to all new residential development, including primary dwellings, SB 9 dwelling units, an ADU, or a JADU attached to the primary dwelling, that are developed under the provisions of SB 9 in the R-E, R-1, or M-R residential zones.

(Ord. 2021-443 §5, 2021)

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

(b)

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

(c)

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

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

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

(b)

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

(c)

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

(Ord. 2021-443 §5, 2021)

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

(1)

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

(2)

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

(3)

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

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

(b)

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

(1)

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

(2)

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

(3)

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

(4)

Any development or design standards that physically precludes an SB 9 dwelling unit from being eight hundred square feet in floor area shall be waived or modified by the planning and building director upon applicant's submittal of a feasibility study demonstrating that application of such standard does not allow for an eight hundred square foot SB 9 unit. This shall not include standards which would result in adverse impacts to public health or safety or the physical environment.

(5)

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

(Ord. 2021-443 §5, 2021)

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

(b)

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

(c)

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

(d)

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

(1)

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

(2)

Development Restrictions. Any new SB 9 dwelling unit that does not comply with the underlying local zoning setbacks governing the parcel is subject to the following additional restrictions: i) on sides of the structure within the required setback(s) there may be no exterior lighting, no egress windows or doors, and no portion of the windows and/or skylights shall be above nine feet in height ii) windows in required setbacks must consist of obscured glass to promote privacy between neighbors; iii) the SB 9 unit may not have a second driveway; iv) the SB 9 unit may not have any associated improvements/amenities such as a patio, deck, pool, fire pit, trellis, or sauna; v) no basement shall be permitted; vi) fire safe landscape screening must be planted and maintained to minimize the visual impact to the neighbors. These restrictions shall not apply to any new SB 9 dwelling unit which complies with the local zoning setbacks governing the parcel.

(e)

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

(1)

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

(2)

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

(f)

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

(1)

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

(2)

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

(g)

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

(h)

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

(i)

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

(j)

Utilities.

(1)

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

(2)

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

(k)

Rental Restrictions.

(1)

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

(2)

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

(l)

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

(m)

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

(Ord. 2021-443 §5, 2021)

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

(a)

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

(b)

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

(c)

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

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

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

(b)

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

(c)

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

(d)

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

(1)

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

(2)

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

(Ord. 2021-443 §5, 2021)

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

(Ord. 2021-443 §5, 2021)

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

(Ord. 2021-443 §5, 2021)