There are hereby adopted zoning provisions for the Town. This chapter shall be known and cited as the "Zoning Law of the Town of Woodside."

(1975 Code, § 9-2.101) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99)

This chapter is adopted to promote and protect the public health, safety, peace, comfort, convenience, and general welfare. Specifically, this chapter is adopted in order to accomplish the following purposes:

(A)

To guide and regulate current and future growth and development and to protect the established rural and suburban character of the Town in a manner consistent with the General Plan;

(B)

To preserve the Town's primarily single-family character by prohibiting inharmonious influences and intrusions;

(C)

To promote a safe and effective circulation system, including roads and trails, consistent with the Town's residential quality;

(D)

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

(E)

To control and minimize stormwater runoff, soil erosion, and stream and drainage channel siltation;

(F)

To secure safety from fire, earth movement, and other natural and artificial hazards;

(G)

To preserve the rural character of the Town by ensuring adequate open space to prevent excessive population concentrations and congestion;

(H)

To preserve the beauty of the Town's setting and ensure the conservation of its scenic and natural resources; and

(I)

To comply with California Government Code, § 65910 which requires every city and county to adopt an open space zoning ordinance consistent with the open space element of the General Plan.

(1975 Code, § 9-2.102) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

This chapter consists of a zoning map designating certain districts and a set of standards regulating the uses of land, the density of population, the height, bulk, locations, and uses of structures, open spaces and natural resources, the area and dimensions of building sites, and the appearance of certain uses, structures and signs.

(1975 Code, § 9-2.103) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

(A)

The provisions of this chapter in their interpretation and application shall be held to be minimum requirements, except where such provisions are expressly stated to be maximum requirements. The provisions of this chapter are not intended to impair or interfere with any private lawful restriction placed upon property by contract, covenant, or deed. Where this chapter imposes a greater restriction upon a use than imposed or required by such private restriction, the provisions of this chapter shall control.

(B)

No building, structure, or land, including life estates, shall be used, maintained, or occupied, nor shall any building or structure be constructed, maintained, modified, moved, or structurally altered, except in conformity with the provisions of this chapter.

(1975 Code, § 9-2.104) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY DWELLING UNIT (ADU). An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include a kitchen and permanent provisions for living, sleeping, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:

(1)

An efficiency unit, as defined in Cal. Health and Safety Code § 17958.1.

(2)

A manufactured home, as defined in Cal. Health and Safety Code § 18007.

ACCESSORY STRUCTURE OR BUILDING. A detached structure or building, the use of which is subordinate and incidental to the main structure, building, or use on the same parcel.

ACCESS WAY. The portion of a panhandle lot providing access from a street or access route.

ADDITION. An increase in the size, bulk, mass or height of an existing structure or building.

ALTERATION. Any change or addition to a structure or building for which a building permit is required.

ATTIC. The space enclosed within the roof structure of a building. Spaces or rooms on the same floor as living areas are not included in the definition of attic.

BARN. A building used for the housing and care of horses and/or other permitted livestock, and for the storage of feed, hay, other crops and farm or equine equipment, accessory dwelling units in accordance with regulations in Section 153.211, and other uses ancillary to the housing and care of horses and/or other permitted livestock.

BASE FLOOD. A flood having a one percent chance of being equaled or exceeded in any given year.

BASEMENT. The improved or unimproved portions of the building which are fully or partially below grade so that the vertical distance from the ceiling to the grade of the adjoining ground is no more than two feet above grade. Grade shall mean the finished or existing grade, whichever results in the lowest building profile.

BAY WINDOW. Any window projecting from the principal exterior wall surface of a building that is raised at least 12 inches above the finished floor of the story where it is located.

BUILDABLE AREA. The space remaining within a building site after the minimum setback requirements (coverage limitations, setbacks, and the like) and site development and performance standards have been met.

BUILDING. A structure built, designed, or used for the support, shelter, or enclosure of persons, animals, or personal property.

BUILDING COVERAGE. The percentage of the total lot area covered or to be covered by buildings. Building coverage shall be measured on a horizontal plane.

BUILDING FAÇADE. The exterior face of a building.

BUILDING FOR HUMAN OCCUPANCY. An enclosed structure which is designed for and regularly, habitually, or primarily occupied by humans.

BUILDING PERMIT. A permit issued by the Town for the construction, erection, or alteration of a structure or building.

BUILDING SITE. An area capable of supporting a permitted principal use and meeting the required conditions prescribed in the zoning district in which the lot is situated.

CAMPER. Any enclosure designed or used for human occupancy which is or can be placed upon the bed of a truck or the chassis of a similar vehicle.

CARETAKER. Any person who resides on the property and who performs maintenance or repair services on a regular basis.

CARPORT. An accessory structure or portion of a main structure open on two or more sides and designed for the storage of motor vehicles.

CONSTRUCTED EQUESTRIAN RIDING ARENA. An area on a parcel that requires grading for placement of a subsurface or surface material that is included in the definition of paved area and surface coverage that is constructed and used primarily for equestrian riding.

CORRAL. A fenced enclosure used for the regular confinement of livestock.

COVERED DECK, COVERED PATIO, COVERED BALCONY, and COVERED PORCH. An area of exterior space which is connected to a building that has a floor, is usable space, and which is partially enclosed or covered.

DECK. A flat, floored, roofless structure adjoining any main building or accessory building.

DOMESTIC ANIMAL. An animal commonly kept as a household pet.

DORMER. An architectural element that projects from a sloping roof; is recessed at least 12 inches from the exterior wall below; and, does not rise above the overall roof ridge.

DRIP LINE. A line on the surface of the ground occurring directly below the greatest horizontal limit of a tree's canopy of leaves and branches.

DRIVEWAY. A way or route for use by vehicular traffic leading from a parking area or from a house, garage, or other structure to a road.

DWELLING. A structure or building designed, built, or used for human habitation.

DWELLING, MAIN. The principal dwelling located on a lot or parcel when used as the permitted use.

DWELLING, SINGLE-FAMILY. A building designed, built, or used as a dwelling by one family.

EAVES. The unsupported portion of a roof that extends beyond the exterior walls of a building.

EFFICIENCY KITCHEN. A kitchen with a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

EMERGENCY SHELTER. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. (California Health and Safety Code §§ 50801 and 124250). Emergency shelters may also include other interim interventions, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care.

ENTRY FEATURE.Structures within 50 feet (30 feet in R-1 zoning) of the front property line, such as vehicular gates, pedestrian gates, pylons, lighting, wingwalls, mechanical equipment, entry key pads, and call boxes.

EXISTING STRUCTURE.Existing structure for the purposes of defining an allowable space that can be converted to an accessory dwelling unit means within the walls and roofline of any legal structure existing on or after January 1, 2017 that can be made safely habitable under local building codes at the determination of the Building Official, regardless of any noncompliance with zoning standards.

EXOTIC ANIMAL. An animal customarily referred to as "wild" and kept in a public or private zoo, including, but not limited to, tigers, lions, leopards, panthers, bears, pachyderms, rhinoceros, and poisonous reptiles.

EXTERIOR WALL HEIGHT. The measurement from the existing or finish grade, whichever is lower, to the top exterior wall plate.

FAMILY. An individual, or group of two or more persons occupying a dwelling and living together as a single housekeeping unit in which each adult resident has access to all parts of the dwelling.

FAULT. A fracture along which the blocks of earth's crust on either side have moved relative to one another parallel to the fracture. A fault is considered active if it has had surface displacement within Holocene time (about the last 11,000 years). A fault is considered inactive if it has not had surface displacement within Holocene time (about the last 11,000 years).

FAULT INVESTIGATION REPORT. A report authored by a Professional Geologist and/or Certified Engineering Geologist that presents the results of a surficial and/or subsurface geologic investigation intended to locate existing fault traces and evaluate the recency of their activity or intended to satisfactorily establish the absence of faulting at a site. The report shall provide recommendations for appropriate setbacks from fault traces or fault related features. The report shall comply, at minimum, with ordinances and guidelines established by the Town and the state, and be in general conformance with the prevailing standards of professional practice.

FAULT TRACE. The line formed by the intersection between a fault plane and the ground surface; it is graphically portrayed as a line plotted on geological maps.

FAULT TRACE, INFERRED. A fault trace per the adopted Town General Plan, and as identified on the Town Geologic Map, deemed Holocene-active or capable of primary fault rupture, whose existence is probable but not yet proven through field investigation.

FAULT TRACE, KNOWN. A fault trace per the adopted General Plan, deemed Holocene-active or capable of primary fault rupture, specifically located on a site by geologic investigation or as identified on the Official Town Fault Map.

FAULT, UNDETERMINED ACTIVITY. Per the adopted General Plan, a fault that does not have sufficient evidence to determine if it is active or inactive. Faults of undetermined activity should be considered Holocene-active fault traces unless adequately demonstrated otherwise.

FAULT ZONE. Per the adopted General Plan, an area of faulting or an area of related faults that may have some width. For example, the active zone of faulting during the Holocene for the Peninsular San Andreas fault ranges up to ten feet wide, while the San Andreas Rift Zone in Woodside, which includes the active fault zone and inactive faults, is up to about 1,000 feet wide.

FENCE. A structure constructed of posts, rails, wire, and, in some cases, barrier panels, used to define a boundary or as a means of protection, confinement, or visual obstruction.

(1)

OPEN FENCE. A fence constructed in such a way that no more than 20 percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.

(2)

SOLID FENCE. A fence constructed in such a way so that more than 20 percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.

FINAL MAP. A map prepared in accordance with the subdivision procedures of the subdivision provisions and the Subdivision Map Act of the state, which map is designed to be placed on record with the County Recorder. FINAL MAP shall not include a record of survey or parcel map.

FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the Town.

FLOODPLAIN AREA. An area subject to flooding as identified in the Town's Flood Boundary and Floodway Maps and any area subsequently identified to supplement or supersede such maps.

FLOODPROOFED. Watertight construction with walls substantially impermeable and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

FLOOR AREA. The calculated size of a structure as stated in Section 153.206.

FOOTPRINT. The two-dimensional configuration of an existing building's perimeter boundaries as measured on a horizontal plane at ground level.

GARAGE, COMMERCIAL. A building or part thereof, used for the repair, storage, parking, or servicing of motor vehicles on a commercial basis or as a part of a business enterprise.

GARAGE, PRIVATE. An accessory building or portion of a main building, enclosed on three or more sides, designed for the shelter or storage of motor vehicles.

GATE. A movable frame or solid structure which swings, slides, or rolls controlling ingress and egress through an opening in a fence, wall, or vegetation.

(1)

OPEN GATE. A gate constructed of such materials as wood, wrought iron, extruded metal, or other materials where no more than 60 percent of the surface area of the face of the gate when in a closed position obstructs a view through the gate from a position perpendicular to the gate.

(2)

SOLID GATE. A gate constructed entirely of solid opaque material or such material as wood, wrought iron, extruded metal, or other materials where more than 60 percent of the surface area of the face of the gate when in a closed position obstructs a view through the gate from a position perpendicular to the gate.

GEOLOGICALLY HAZARDOUS.

(1)

Land located within the special studies zone established by the Alquist-Priolo Geologic Hazards Act;

(2)

Land within 125 feet of an Inferred and 50 feet of Known active Fault Traces identified on the Official Town Fault Map;

(3)

A portion of certain problem areas identified in the General Plan, Natural Hazards and Safety Element;

(4)

Land identified as having a moderate to high susceptibility to landslides, Basic Data Contribution No. 43, USGS; or

(5)

Land identified as landslide on the official Town Geologic and Geologic Hazards Map.

GIRDLING. A horizontal cut around a tree trunk to a depth of one to four inches that severs a tree's vascular cambium layer.

GLENS, WOODSIDE. Properties within the boundaries shown on Map WG1 of the Woodside Glens Specific Plan Adopted by Town of Woodside June 1, 1993 (Resolution 1993-4895), amended January 26, 1999 (Resolution 1999-6129), within an R-1 Zoning District.

GRADE.

(1)

FINISHED. The final elevation of the ground surface after building construction and grading.

(2)

EXISTING. The elevation of the existing ground surface prior to proposed building construction and grading.

GREEN ENERGY. Energy that is derived from resources which are naturally replenished on a human timescale, such as: sunlight, wind, water, and geothermal temperature variations, or represent a reduction on the dependency and use of fossil fuels.

GUEST. Any person, other than a member of a resident family, who occupies quarters for sleeping purposes and who is not required to pay rent of any kind for such occupancy.

HABITABLE SPACE. An area in a structure, with a ceiling of seven feet or more in height, and designed, built or used for human habitation.

HEIGHT, BUILDING or STRUCTURE. The vertical dimension of a building or any type of structure measured as set forth in Section 153.208(B).

HEIGHT, FENCE and WALL. The vertical distance measured from the surface of the adjoining ground to the top of the fence. For the purpose of applying the fence and wall height regulations, the average height of the fence along any unbroken run, at the option of the landowner, may be used for fence height calculation purposes provided the height at any point along such run is not more than ten percent greater than permitted without calculating such average height.

HOME OCCUPATION.

(1)

The conduct of an art, profession, or business as a gainful occupation entirely within a dwelling which use is clearly incidental to the use of the structure as a residence and which use does not alter the residential character of the dwelling and does not change or adversely affect the residential character of the surrounding neighborhood.

(2)

Typical home occupations include dressmakers, architects, engineers, accountants, attorneys, writers, manufacturers' representatives, artists and artisans, instructors when limited to one pupil at a time, and other occupations when found by the Planning Director to be similar to the occupations listed in this subsection. All home occupations shall be in accordance with the provisions of Section 153.111. HOME OCCUPATION shall not include commercial service enterprises, such as barber shop and beauty shops and massage studios.

HOUSE TRAILER. A portable enclosure, designed, built, or used for human habitation or sleeping on a permanent or temporary basis and capable of being moved or towed upon the highways of the state with or without a special permit.

HUMAN HABITATION. The provision of facilities for living, sleeping, eating, food preparation and storage, bathing and sanitation.

INDEPENDENT LIVING FACILITIES. Any dwelling that has dedicated exterior access. Interior access and light wells accessed by ladder, only, shall not be considered dedicated exterior access.

JUNIOR ACCESSORY DWELLING UNIT. An accessory dwelling unit that is no more than 500 feet in size, is contained entirely within an existing or proposed main dwelling, includes an efficiency kitchen, has a separate exterior entry from the main dwelling, and maintains an interior connection to the main living area of the main dwelling.

KITCHEN. A portion of a dwelling designed and used for food preparation and food storage, and equipped with a sink, a permanent stove/conventional oven that complies with applicable Building Codes, and other appliances such as a refrigerator.

LANDMARK. A site or feature that is so designated by the Woodside Town Council due to the historic value pursuant to a historic preservation ordinance.

LANDSCAPED AREA. The portion of a site containing planting areas, including trees, shrubs, lawns, flower beds, and ground cover, suitable for ornamenting or screening the site or a use on the site.

LANDSCAPE SCREENING. The introduction of plant materials which may be accompanied by features such as walls, fences, or berms and which mitigate the visual impact of large structures from public and private road rights-of-way and if possible from neighboring residents. Landscape screening may provide substantial mitigation of a building but need not constitute complete obstruction.

LATTICEWORK. A construction where less than 50 percent of the surface plane of the structure remains open to the outside.

LIVESTOCK. Any breed of mammal, other than hogs and bulls, which is customarily raised on a ranch or farm.

LOT. An area of land, other than a road, shown as a unit on a recorded subdivision or land division or otherwise legally subdivided.

LOT AREA. The total area measured in a horizontal plane within the lot lines bounding the lot, excluding the following:

(1)

Easements for road rights-of-way which are not for the exclusive use of the lot on which located;

(2)

Any portion of an individual access strip in excess of five percent of the lot area required in the district; and

(3)

Public utility or drainage easements when not located adjacent to property lines.

LOT AREA, NET. The lot area, as defined in WMC Section 153.005, excluding all areas with slopes in excess of 35 percent.

LOT, CORNER. A lot bounded on two or more adjacent sides by roads or other thoroughfares where the angle of intersection or the sum of the angles of intersection does not exceed 135 degrees.

LOT DEPTH. The distance measured in a horizontal plane between the center point of the front lot line and the center point of the rear lot line.

LOT LINE, FRONT. The line separating the lot from the edge of the right-of-way of the adjacent road. The front lot line of an interior lot or a corner lot shall be determined by the Planning Director.

LOT LINE, REAR. The line opposite the front lot line.

LOT LINE, SIDE. Any lot boundary which is not a front or rear lot line. A side lot line separating a lot from another lot or lots shall be an interior side lot line; a side lot line separating a lot from a road shall be an exterior side lot line.

LOT WIDTH. The average horizontal distance between the side lot lines measured at right angles to the line followed to the established lot depth.

MAINTENANCE. Repair work or general upkeep on a structure, including painting, carpentry, glazing, and the reinforcement or replacement of defective parts, including roofs, foundations, structural members, and plant material irrigation and replacement, but shall not include an addition to or the enlargement of the structure.

MANUFACTURED HOUSING (MOBILE HOME). A structure, transportable in one or more sections, built on a permanent foundation, designed to be used as a dwelling, and certified under the provisions of § 18551 of the California Health and Safety Code.

MAXIMUM SIZE OF A MAIN RESIDENCE. The maximum allowable floor area square footage of the main residence on a lot including the floor area of any detached structure within 15 feet of the main residence in all zoning districts, except the R-1 District which shall include any detached structure within eight feet of the main residence. Maximum size of main residence is measured as set forth in Section 153.206(B).

MEMORIAL CEMETERY. A place for the burial of human remains.

MOTOR HOME. A self-propelled vehicle, other than a pickup or similar utility vehicle, upon which is permanently assembled or mounted an enclosure for temporary or permanent human habitation.

NATURAL STATE. Designated portion(s) of a lot that shall remain, with no grading, terrain alternation, keeping of livestock (see WMC Section 115.12, Private Stable Regulations, for further details on keeping of horses), or tilling of natural vegetation (except as may be required for public safety, fire safety, or the development of Town designated trails), pursuant to WMC Section 153.415(B). Previously disturbed areas may be reclaimed through grading and/or native planting, pursuant to WMC Section 153.416.

NATURAL STATE RESTORATION AREA. Previously disturbed portion(s) of a lot, where grading and restoration are allowed as part of the site development permit, to restore a lot or portion thereof, to its natural, pre-development era condition, or to restore a lot following land movement or other disturbance and/or climate related phenomena. Natural state restoration areas may be reclaimed as natural state, pursuant to WMC Section 153.416.

NONCONFORMING LOT. A lot of legal record which does not meet the current requirements of the zoning district in which the lot is located.

NONCONFORMING STRUCTURE OR BUILDING. A structure or building which was lawfully established and maintained, but which does not conform to the current regulations for the zoning district in which such structure or building is located.

NONCONFORMING USE. The use of land, a building or structure which was lawfully established, but which does not conform with the current use regulations for the zoning district in which it is located.

NON-RESIDENTIAL DEVELOPMENT. Property development for uses other than residential, such as commercial and institutional uses.

OFFICIAL TOWN FAULT MAP. The map entitled Fault Zones Map officially accepted by the Town in the natural hazards and safety element of the General Plan.

ONE OWNERSHIP. The ownership of a lot or parcel in any manner whereby such parcel is under single or unified control.

OPEN SPACE LAND. Any lot or area of land or water essentially unimproved and designated in the General Plan for any of the open space uses:

(1)

Open space for public health and safety, including, but not limited to, areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, flood plains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality;

(2)

Open space for outdoor recreation, including but not limited to, areas of outstanding scenic, historical and cultural value; areas particularly suited for park and recreation purposes, including access to lakeshores, beaches, rivers and streams; and areas which serve as links between major recreation and open-space reservations, including utility easements, banks of rivers and streams, trails, and scenic highway corridors;

(3)

Open space for the preservation of natural resources including, but not limited to, areas required for the preservation of plant and animal life, including habitat for fish and wildlife species; areas required for ecologic and other scientific purposes; rivers, streams, bays and estuaries: and coastal beaches, lakeshores, banks of rivers and streams, and watershed lands;

(4)

Open space used for the managed production of resources, including but not limited to, forest lands, rangeland, agricultural lands and areas of economic importance for the production of food or fiber; areas required for recharge of ground water basins; bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries; and areas containing major mineral deposits, including those in short supply.

OPEN SPACE ZONE—OS ZONE. Each and every Open Space Zone, namely:

OSH

Open space for Health and Safety;

OSRL

Open space for Low Intensity Outdoor Recreation;

OSRM

Open space for Medium Intensity Outdoor Recreation;

OSN

Open space for Preservation of Natural Resources; and,

OSM

Open space for Managed Production of Resources.

OUTDOOR DISPLAY. An outdoor arrangement of objects, items, products, or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product, or service.

PANHANDLE LOT. A site with access to a road by means of an access way having not less than 30 feet of frontage and a width of not less than 30 feet. The length of the panhandle shall be measured from the frontage line to the nearest point of intersection with the nearest property line parallel or most nearly parallel to the frontage line.

PARCEL. All contiguous land held in one ownership.

PARKING AREA. A site, or portion of a site, devoted to the off-road parking of motor vehicles, including parking spaces, aisles, access drives, and related landscaped areas.

PASTURE. An area seasonally used for grazing animals.

PAVED AREA AND SURFACE COVERAGE.

(1)

Materials including but not limited to, asphalt, bricks, concrete, decomposed granite, gravel, pavers, plastic, rubber, sand, or similar materials applied to the surface of the ground that alter the natural appearance of a site.

(2)

Features including but not limited to, artificial grass, stairs, decks three feet or less in height, driveways, on grade or below grade equipment pads without a cover/roof, parking areas, patios, spas/hot tubs, swimming pools, tennis courts with any type of surface material, walkways, manmade water features such as decorative pools, fountains, and manmade ponds.

PERFORMANCE STANDARD. A minimum requirement of a use of land needed or required for the protection of the physical environment and social and economic values as expressed in the General Plan. Performance standards shall be based on the measurable effects of an activity.

PLANNING DIRECTOR. The Director of the Planning Department of the Town of Woodside, California, or the designee of the Director.

PLATE. The point at which the exterior wall surface and lower surface of the roof meet.

PRINCIPAL ACCESS DRIVEWAY. A driveway leading to either the structure in which the permitted principal use occurs, or the detached garage that serves the structure in which the permitted principal use occurs, up to the maximum width permitted by Section 151.44. Portions of second driveways with separate access to a public or private road, or additional driveways that split from the principal access driveway, shall not be considered a principal access driveway. If there is more than one driveway approach to the structure in which the permitted principal use occurs, the shortest distance to either the structure in which the permitted principal use occurs, or the detached garage that serves the structure in which the permitted principal use occurs, shall be considered the principal access driveway.

PRIVATE NONCOMMERCIAL CLUBS. A club or organization having nonprofit status and providing services and facilities for members and guests only.

PUBLIC BUILDING. A building such as a school, Town Hall, fire station, museum, library, post office, or police station.

PYLON. A vertical structure, pier, or post flanking an entrance way.

RENT. Any payment in whole or part cash made in exchange for the human habitation or occupation of a building or dwelling unit.

RENTAL UNIT. An accessory detached, attached, or internal accessory living quarters, for rental purposes only, which contains provisions for living, sleeping, eating, cooking and sanitation, located on the same lot or parcel as the principal dwelling unit. Accessory living quarters used to house guests, family members or caretakers are not considered rental units.

RESERVOIR. A pond, lake, basin, or other space, either natural or created in whole or in part by engineered walls or structures, which is used for storage, regulation and control of water for recreation, power, flood control or drinking. Sometimes called impoundment.

RESIDENTIAL CARE HOME. A dwelling unit, or portion thereof, used and licensed by the State of California or the County of San Mateo, for the care of up to six persons, including overnight occupancy or care for extended time periods, and including all uses defined in §§ 5115 and 5116 of the California Welfare and Institutions Code, or successor legislation.

ROAD. Any public or private thoroughfare which affords the principal means of access to abutting properties and shall include all of the following categories of roads:

(1)

ARTERIAL. A road designed for the safe movement of through traffic with intersections at grade but with limited direct access.

(2)

COLLECTOR. A road usually with no limitations placed on access to abutting properties. A collector may function as a feeder and/or connector between arterialroads.

(3)

CUL-DE-SAC. A road designed primarily for access to abutting properties and not for general traffic use, having one outlet for vehicles and not designed for extension at a later date.

(4)

DEAD-END ROAD. Any road having one outlet for vehicular traffic but which may be designed to permit its extension at a later date.

(5)

MINOR RURAL ROAD. A road designed to carry a minimum amount of traffic and utilizing a narrow right-of-way and pavement width for the purpose of retaining to the greatest extent possible the natural terrain and vegetation and to protect the privacy of the abutting properties. MINOR RURAL ROAD may also include culs-de-sac and dead-end roads.

(6)

EXPRESSWAY. A road of general Town or county importance which is a limited access road carrying major traffic through several areas.

(7)

FREEWAY. A divided arterial highway for through traffic, with direct access to abutting property prohibited, and with fully controlled access at connecting streets.

(8)

PRIVATE ROAD RIGHT-OF-WAY. A road, not dedicated to and accepted by the Town as part of its public road system, which is privately owned, and which serves three or more residential parcels for purposes of ingress and egress.

ROAD OF VISIBILITY. The road, whether public or private, from which a proposed structure is most visible or has the greatest visual impact as determined by the Planning Director.

SERVICE STATION. An establishment offering the sale of gasoline, oil, diesel, ethanol, or other fuels, and minor accessories, and minor repair services for the operation of motor vehicles, but not including painting, body work, steam cleaning, or major repairs.

SETBACK. An open space on the same lot as a main structure, unoccupied and unobstructed from the natural ground upward, except as otherwise provided in this title, including a Front setback, sidesetback, rearsetback, or space between structures.

SETBACK, FRONT. An open space extending across the full width of a lot, the depth of which is the horizontal distance between the front property line to the nearest wall of any main building or structure on the lot.

SETBACK, REAR. An open space extending across the full Width of a lot, the depth of which is the horizontal distance between the most rear main building on the lot and the rear lot line.

SETBACK, SIDE. An open space between the side lot line and the nearest building line, extending from the front setback to the rear setback.

SHED ROOF. A single pitch building roof that slopes downward in a single direction with a minimum pitch of 2:12.

SIGN. Any writing, pictorial representation, symbol, trademark, flag, display, or other device and/or structure which is used to advertise, communicate, announce, identify, or direct attention and which is visible from outside a building.

SIGN AREA. The area of a sign which is an integral part of a building, wall, awning, canopy, marquee, or other part of a structure, measured on the shortest line drawn to encompass components of the sign, including all intervening and enclosed open spaces. The area of all other signs shall be the largest area measured by a line encompassing all portions of the sign, including the background and tubing, but excluding the supporting posts and attached lighting. In computing the area of a double-faced freestanding sign, only one face of the sign shall be included provided the two faces are parallel and not more than 18 inches apart at any one point.

SIGNIFICANT TREE. Any living tree that has a trunk circumference, measured 48 inches above mean naturalgrade, greater than the size in inches in the table below. (For Madrone, Blue Oaks, and Buckeye trees only, if multiple trunks have developed by 48 inches above grade, the measure of circumference shall be the sum of the circumferences of all of the trunks. For California Bay Laurel trees, the measurement pertains only to the largest of multiple trunks.)

SLOPE. The steepness of terrain defined as the ratio between the horizontal and vertical distances and expressed in percent, degrees, or a numerical ratio.

SLOPE, GROSS AVERAGE. The average ground slope of the entire lot, as expressed by the formula:

S = (0.00229*I*L)/A

where,

S = Gross average slope in percent

I = Contour interval in feet

L = Combined length of the contour lines in feet; and

A = The gross area in acres of the parcel or lot.

Measurements along contours shall be made at contour intervals not to exceed ten feet, and a horizontal map scale of one inch equals 200 feet or larger.

SLOPE, NET AVERAGE. The average ground slope of the net lot area when all areas with slopes in excess of 35 percent are removed, as expressed by the formula:

S[N] = (0.00229*I*L)/N

where,

S[N] = Net average slope in percent

I = Contour interval in feet

L = Combined length of the contour lines in feet; and

N  = The net area in acres of the parcel or lot when all areas with slopes in excess of 35 percent are removed

Measurements along contours shall be made at contour intervals not to exceed ten feet, and a horizontal map scale of one inch equals 200 feet or larger.

STABLE, PRIVATE. A building, or portion thereof, designed or used for the housing or feeding of livestock for private use and accessory to the principal use allowed on the parcel, subject to all the provisions of Chapter 115 of this Code.

STABLE, PROFESSIONAL. Any establishment regularly providing services or facilities for the keeping or use of horses, other than for private use, as regulated and defined by Sections 115.15 through 115.17 of this Code.

STANDING SPACE. An area of 3½ square feet of floor area used by standing patrons of establishments which sell alcoholic beverages or food.

STORY. The vertical space within a building between the surface of a floor and the surface of the floor next above or, if there is no floor above, the roof, but not including attic or underfloor space.

STREAM CORRIDOR. A horizontal distance of 50 feet, measured from each side of the center line of the stream, or a horizontal distance of 25 feet, measured from the top of the stream or creek bank, whichever is greater. The Planning Commission may establish greater horizontal measurements for specific stream corridors.

STREAM OR CREEK BANK. The point at which the break in slope occurs.

STRUCTURAL ALTERATION. Any change in supporting members of a building, including, but not limited to, bearing walls, columns, beams, girders, floor or ceiling joists, roof rafters, foundations, piles, retaining walls, or similar building components, and shall also include any change in the roof or exterior lines.

STRUCTURE. Anything which is built or constructed and requires a location on the ground, including a building or edifice of any kind and any piece of work artificially built up or composed of parts, including swimming pools, fences, and walls.

STRUCTURE, MAIN. A building or structure housing the principal use of a site or functioning as the principal use.

STUBBING. Removal of the top of the tree or trimming of its branches to a point that the life of the tree is threatened.

SUBDIVIDER. The individual or legal entity which causes land to be subdivided for himself, itself, or others.

SUBDIVISION. The division of any unit of land, or portion thereof, into two or more lots or building sites for the purpose of sale, lease, or financing.

SUPPORTIVE HOUSING. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and when possible, work in the community (Government Code § 65582(g)).

SWIMMING POOL, PRIVATE. Any constructed or prefabricated structure for the containment of water used for swimming or bathing that is 24 inches or more in depth with a filtration system and a control drain and is located on the site of a private residence for the exclusive use of residents of the site and their guests.

TARGET POPULATION.Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people (Government Code § 65582(i)).

TOTAL FLOOR AREA (TFA). The combined floor area of a building or buildings on a lot or building site in square feet. Each residential zoning classification contains a maximum TFA limit. The maximum total floor area limits are defined in Section 153.206(A) and floor area is measured as described in Section 153.206(B). Lot area is defined in Section 153.205(A).

TOWN. The Town of Woodside, California.

TOWN CENTER. The area designated as Town Center in the General Plan.

TRANSITIONAL HOUSING.Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance (Government Code § 65582(j)).

TREE DESTRUCTION. The cutting of significant trees to the ground or to stumps, complete extraction, killing by chemical application, stubbing, girdling, placing fill within the drip line, other actions which threaten the life of the tree, or other willful actions that result in the premature death of the tree.

TRELLIS. A construction of where 50 percent or more of the surface plane of the structure remains open to the outside and over which plants may be trained.

TURNOUT. A fenced area for the confinement of horses.

USE. The purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged or for which either a site or structure is or may be occupied or maintained.

USE, ACCESSORY. The use of a building, or site, or a portion of a building or site, which is incidental to the principal use conducted on or occupying a site.

USE, COMMERCIAL. Businesses that primarily serve the day-to-day needs of the local community. Secondarily, low-intensity, small scale office use is acceptable.

USE, CONDITIONAL. A use of land or structure which is permitted under this chapter only after the applicant secures a use permit.

USE, INSTITUTIONAL, PUBLIC and QUASI-PUBLIC. Educational, governmental, and institutional uses, such as schools, libraries, places of worship, meeting halls, and public parks.

USE, PERMITTED or PRINCIPAL. A primary use of land or structure permitted without the need to secure additional zoning permits.

WALL. An upright structure of wood, stone, brick, or other substance or combination of substances serving to enclose, divide, or support and usually having greater mass than a fence. Wall shall include wing wall which shall mean a wall extending from a pylon to form an entrance way.

WATER SUPPLY LAND. Land devoted to the protection of the water quality as an adjunct to a water supply system.

WET BAR. A countertop equipped with running water and a sink that does not include a permanent stove/conventional oven, but may include appliances such as a refrigerator or a dishwasher.

WINERY. An agricultural processing facility used for:

(1)

The fermenting and processing of fruit juice into wine; or

(2)

The refermenting of still wine into sparkling wine.

WOODSIDE HILLS HOMES ASSOCIATION. Properties within the boundaries shown on Map "Woodside Hills Homes Association" supported by the Woodside Hills Homes Association Articles of Incorporation, originally published in 1951 and amended in 1992.

(1975 Code, § 9-2.105) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1990-430, effective 5-10-90; Am. Ord. 1991-441, effective 3-12-91; Am. Ord. 1991-451, effective 1-9-92; Am. Ord. 1997-486, effective 6-26-97; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2005-525, effective 5-12-05; Am. Ord. 2006-534, effective 1-11-07; Am. Ord. 2007-535, effective 3-29-07; Am. Ord. 2012-553, effective 8-23-12; Am. Ord. 2012-554, effective 8-23-12; Am. Ord. 2012-557, effective 12-27-12; Am. Ord. 2012-558, effective 1-10-13; Am. Ord. 2013-559, effective 3-14-13; Am. Ord. 2014-563, effective 2-13-14; Am. Ord. 2015-566, effective 6-11-15; Am. Ord. 2017-582, effective 2-23-17; Am. Ord. 2017-584, effective 4-13-17; Am. Ord. 2017-585, effective 4-27-17; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2018-596, § 2(Exh. A, §§ I, III), effective 10-26-18; Am. Ord. 2020-604, § 2(Exh. A), effective 2-27-20; Am. Ord. 2020-608, § 2(Exh. A), effective 4-23-20; Am. Ord. 2020-610, § 3, effective 8-13-20; Am. Ord. 2020-612, § 2(Exh. A), effective 10-22-20; Am. Ord. 2021-616, § 2(Exh. A, § I), effective 3-11-21; Am. Ord. 2022-623, § 2(Exh. A), effective 2-10-22; Ord. No. 2024-639, § 2 (Exh. A), effective 10-24-24; Ord. No. 2025-643, § 2 (Exh. A), effective 2-13-25; Ord. No. 2025-647, § 2 (Exh. A), effective 5-8-25)

The following zoning districts into which the Town is divided are established in order to provide a range of adequate housing opportunities, and commercial services to meet day-to-day needs, and a high degree of environmental quality for all economic segments of the community and are designated as follows:

(1975 Code, § 9-2.106) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1988-376, effective 12-8-88; Am. Ord. 1989-394, effective 10-12-89; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2015-565, effective 2-26-15; Ord. No. 2024-639, § 2 (Exh. A), 10-24-24; Ord. No. 2024-640, § 2 (Exh. A), effective 10-24-24; 2025-646, § 2 (Exh. A), effective 3-27-25)

(A)

The SCP District applies to certain lands designated in the General Plan diagram and text as "problem areas" and other land with similar characteristics as designated by the Planning Commission where more than one significant problem exists. The Special Conservation Planning (SCP) Districts are special rural residential classifications where the minimum lot size is either five acres, 7½ acres, or ten acres, and where minimum lot size for newly created lots shall increase as the average slope of the lot increases for lots over 15 percent average slope where the provisions of Section 153.414 of this chapter apply. The purpose of the SCP District is to provide for reduced human densities for lands containing characteristics such as, but not limited to, steep hillsides, geological hazards, difficult road access, or soil or water problems, and to implement the policies of the General Plan. Below are guidelines for SCP District classification.

(1)

Findings.

(a)

In 1988, the Town Council adopted a revised Woodside General Plan. Said General Plan set forth certain policies for evaluating lot densities, goals for development, defining environmentally sensitive areas and the constraints found therein.

(b)

Also in 1988 and 1989, the Town staff did a detailed study of the various constraints as identified in General Plan Policy 2111. A constraints map of the Town was prepared (herein the "Map"). The most constrained areas were compared with other zoning districts to determine whether their zoning designation reflected the level of constraints shown for the property. It was determined that areas with greater constraints were zoned with a similar density to areas less constrained.

(c)

A broader range of districts for environmentally sensitive areas were created for the SCP Zoning District as set forth in division (A)(1) above, which districts were created to allow residential density to be varied in the SCP District according to environmental constraints.

(d)

In order to provide greater consistency with the General Plan, and to provide guidelines for application of the SCP Zoning classifications the following regulations shall apply:

(2)

Constraints/definitions. Environmental constraints have been identified in the Town. The Town's Constraints Map, dated April, 1988, on file with the Town Clerk, is incorporated herein by reference. The constraints which have been identified are relevant to the public health, safety and welfare of the residents of the Town. The constraints and their definitions are as follows:

(3)

Application of constraints. In order to control the density of development on more constrained property, and protect the health, safety and welfare of persons and property, the following zoning classifications shall be applied in the SCP District consistent with the greater number of identified constraints:

(4)

Further reduction of lot density. In addition to the minimum lot sizes in the SCP Zoning District, lot density may be further reduced at the time of any subdivision of such property pursuant to the applicable rules and regulations of the Town in effect at the time of subdivision.

(5)

Identification of constraints. Identification of constraints affecting a parcel shall be determined by the Planning Director, with the assistance of Town staff. The Planning Director shall make such determination in accordance with the following procedure:

(a)

Ascertain the constraints affecting the parcel;

(b)

Ascertain the percentage of the parcel subject to one constraint, then two constraints, and then to each respective multiple of constraints thereafter, up to a maximum of six constraints.

(c)

A parcel shall be identified as having a total number of constraints, for classification purposes, equal to the number of constraints shown for 50 percent or more of the parcel's area, counting backwards from the areas subject to the greatest number of constraints.

For example: A parcel of 600 acres is identified as having 15 percent (90 acres) with constraints, 20 percent (120 acres) with constraints, 60 percent (360 acres) with constraints, five percent (30 acres) with constraints and zero percent with (five or six) constraints. Counting backwards from the higher number of constraints 50 percent of the property is reached with three constraints. This property would be assigned to the SCP 7.5 District Classification.

(d)

In addition, a parcel shall be classified as if 50 percent of its property were subject to one additional constraint where the total parcel is subject to four or more constraints.

For example: In the 600-acre parcel above, there are constraints applicable to the property. Instead of being classified with constraints, as are applicable to 50 percent of its area, it would be classified with constituents due to the greater number (four or more) of constraints that apply overall to the property. It would be classified therefore in the SCP-10 District Classification.

(B)

The RR District is a rural residential classification where the minimum three-acre lot size requirement, for newly created lots, shall increase as the average slope of the ground increases where the provisions of Section 153.414 apply. The purpose of the RR District is to preserve the Town's primarily rural single-family character.

(C)

The SR District is a suburban residential classification where the minimum one-acre lot size requirement, for newly created lots, shall increase as the average slope of a lot increases where the provisions of Section 153.414 of this chapter apply. The purpose of the SR District is to provide suburban residential opportunities within the Town's predominately rural setting.

(D)

The R-1 District is a residential classification where the minimum 20,000 square feet lot size requirements, for newly created lots, shall increase as the average slope of a lot increases where the provisions of Section 153.414 of this chapter apply. Note: Newly created lots in the R-1 District shall comply with the slope density requirements for the SR District in Section 153.414.

(E)

The MF District is a multi-family residential classification that, pursuant to Government Code Sections 65583.2(h) and (i), permits development without discretionary action and requires a minimum of 20 residential units per acre and a maximum of 25 units per acre when at least 20 percent of the units are affordable to lower income households. Developments of up to 20 units per acre will also be allowed if at least 60 percent of units are affordable to lower income households and the remaining units are affordable for moderate income households and at least 16 units total are provided.

(F)

The MF-20 District is a multi-family residential classification intended to accommodate residential housing and allows up to 20 residential units per acre.

(G)

The MFRZ District is a multi-family residential classification that allows development of up to 20 residential units per acre on portions of the San Mateo Community College-Cañada College Campus identified on the Town zoning map.

(H)

The Multi-Family Residential Development Overlay Zone (MFOZ) is an overlay district applied to the San Mateo Community College-Cañada College Campus parcels. The overlay zone allows multi-family residential development of up to 20 units per acre on portions of the Cañada College campus parcel zoned as MFRZ. Multi-family housing may only be proposed on any portion of the campus with a zoning amendment to establish an MFRZ on the specific area zoned for MFRZ. Any portion of the campus with an MFRZ designation shall be subject to the objective design standards established for the Cañada College Campus.

(I)

The CC District is a commercial classification designating uses which have the probability of primarily serving the frequent recurring day-to-day needs of the local community.

(J)

The Open Space Zone Districts, OSH, OSN, OSRL, OSRM and OSM, have no minimum lot size. The purpose of the OSH, OSN, OSRL, OSRM and OSM Districts are to implement the polices of the open space element of the General Plan, principally to conserve open space for the preservation of natural resources, outdoor recreation and the public health and safety. The provisions of Section 153.414 of this chapter shall not apply to lots in the OSH, OSN, OSRL, OSRM and OSM Districts.

(K)

(1)

Definition of Planned Community Commercial District. A Planned Community Commercial District is intended to govern and accommodate various types of commercial development, as may be allowed in a Community Commercial District ("CCD"), while allowing greater flexibility in design and planning consistent with the General Plan. Any commercial development that is a subject of an application for enactment of a PCCD under the ordinance codified in this section is hereinafter referred to as a "Project." A PCCD is further intended to obtain substantial public benefit and to provide for maximum review of any proposed project by the Town Council and the agencies of the Town.

(2)

Relationship of Planned Community Commercial District to Community Commercial District. All or any part of a CCD may be designated under the provisions of this chapter as a PCCD. One or more PCCDs may exist within a CCD.

(3)

Alternative rules for governing a PCCD. A PCCD may be governed solely under existing zoning ordinances, applicable to a CCD ("CCD Rules") or under rules that may be established specifically for the purposes of the PCCD as provided in this chapter ("PCCD Rules"). The PCCD Rules may incorporate all or part of the CCD Rules under the terms and conditions established in division (G)(2) above.

(1975 Code, § 9-2.107) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1989-385, effective 4-13-89; Am. Ord. 1989-389, effective 9-1-89; Am. Ord. 1989-393, effective 10-12-89; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2012-553, effective 8-23-12; Am. Ord. 2015-565, effective 2-26-15; Am. Ord. 2017-589, effective 8-24-17; Ord. No. 2024-639, § 2 (Exh. A), effective 10-24-24; Ord. No. 2024-640, § 2 (Exh. A), effective 10-24-24; 2025-644, § 2, effective 1-14-25; 2025-646, § 3 (Exh. A), effective 3-27-25)

A map entitled "Zoning Map, Town of Woodside" is incorporated by reference, made a part of this chapter, and designated as Section 153.103. The zoning map shall be available for public inspections at the Town Hall under the same terms and conditions as other public documents.

(1975 Code, § 9-2.108) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17; Ord. No. 2024-639, § 3 (Exh. B), effective 10-24-24; Ord. No. 2024-640, § 3 (Exh. B), effective 10-24-24)

The boundaries of the zoning districts shall be shown on the zoning map maintained in the office of the Planning Department. Where any uncertainty exists as to the boundary of a district as shown on the zoning map, the following regulations shall apply:

(A)

Where a boundary line is indicated as following a road, the boundary line shall be construed as following the roadright-of-way center line.

(B)

Where a boundary line appears to follow or coincides approximately with a lot line or property ownership line, the boundary line shall be construed as following the line or property ownership line.

(C)

Where a boundary line is not indicated as following a road and does not follow or coincide approximately with a lot line or property ownership line, the boundary line shall be determined by scaled measurement of the zoning map.

(D)

Where further uncertainty exists, the Planning Commission, upon a written application or on its own motion, shall determine the location of the boundary line in question, giving due consideration to the location indicated on the zoning map, the objectives of the General Plan, and the purposes set forth in the zoning district regulations.

(1975 Code, § 9-2.109) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

(A)

Where adjoining unincorporated land has been prezoned in accordance with the procedures prescribed in the California Government Code, the zoning district applied by the prezoning action shall become effective when such lands are annexed to the Town.

(B)

Where a prezoning action has not been taken, all land or territory annexed to the Town, simultaneously with such action, shall be classified in the SCP District and shall be so shown on the zoning map until such time as the property is rezoned to a district consistent with its use and with the General Plan.

(1975 Code, § 9-2.110) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99)

Except as otherwise provided in this chapter:

(A)

No structure shall be erected, reconstructed, relocated, or structurally altered to have a greater height or bulk or to cover a greater proportion of the lot upon which it is situated under the limitations set forth in this chapter for the district in which such structure is located. If such structure, on or before August 12, 1980, is larger than the maximum otherwise permitted under the provisions of this chapter, the structure shall not be further increased in such height, bulk, or parcel coverage, except as provided in Section 153.236(B).

(B)

No structure shall be erected, reconstructed, relocated, or structurally altered which would result in smaller yards than permissible under the limitations set forth for the district in which such structure is located, except as provided in Sections 153.236(C) and 153.237.

(C)

No setback, off-road parking space, or loading space for any structure or upon any lot shall be reduced below the minimum requirements set forth for such setback, parking space, or loading space. If already less than the minimum required for the district in which each is located, there shall be no further intrusion into the required setback area.

(D)

No lot shall be used for a principal use, conditional use, or accessory use, except:

(1)

Lots shown on a land division or subdivision map approved by the Town; and

(2)

Lots which are excepted from the area requirements of this chapter by Section 153.205(C).

(1975 Code, § 9-2.111) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The table set forth in this section indicates by the symbol "X" the permitted, conditional and accessory uses allowed in each district. Uses not listed in the table under any case category, shall not be permitted under this chapter unless the Planning Commission determines that the use is similar to the uses listed in the table.

(1975 Code, § 9-2.112) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1989-399, effective 10-12-89; Am. Ord. 1991-451, effective 1-9-92; Am. Ord. 1995-478, effective 4-23-95; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2001-510, effective 6-7-01; Am. Ord. 2003-518, effective 7-24-03; Am. Ord. 2005-525, effective 5-12-05; Am. Ord. 2012-554, effective 8-23-12; Am. Ord. 2012-557, effective 12-27-12; Am. Ord. 2012-558, effective 1-10-13; Am. Ord. 2013-559, effective 3-14-13; Am. Ord. 2015-565, effective 2-26-15; Am. Ord. 2015-566, effective 6-11-15; Am. Ord. 2015-567, effective 7-9-15; Am. Ord. 2015-569, effective 1-7-16; Am. Ord. 2017-582, effective 2-23-17; Am. Ord. 2017-585, effective 4-27-17; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2018-594, § 2, effective 5-24-18; Ord. No. 2024-639, § 2 (Exh. A), effective 10-24-24; Ord. No. 2024-640, § 2 (Exh. A), effective 10-24-24; 2025-646, § 3 (Exh. A), effective 3-27-25)

The table set forth in this section indicates by the symbol "X" the permitted, conditional and accessory uses allowed in each district. Uses not listed in the table under any case category, shall not be permitted under this chapter unless the Planning Commission determines that the use is similar to the uses listed in the table.

(Ord. 2017-589, effective 8-24-17; Am. Ord. 2017-591, effective 12-14-17)

(A)

Imitation of a PCCD: Application for creation. A PCCD may be established as an overlay zoning district for property which is within a CCD in accordance with the procedures set forth in this chapter for amendments of the Town zoning ordinance. Application for a PCCD may be made at any time by any one of the following parties:

(1)

The Town Council;

(2)

The Planning Commission; or

(3)

Any holder of a fee or possessory interest in any of the real property located in a CCD.

(B)

Establishment and scope of PCCD rules. Any applicant for the establishment of a PCCD may seek approval for the imposition of PCCD rules on that PCCD from the Town Council and the Planning Commission (the "reviewing bodies") pursuant to division (D) below. Notwithstanding any other provision of this section, however, no PCCD rule shall change or deviate from the applicable height and parking standards of the CCD rules, and, without limiting the foregoing, no PCCD rule shall deviate from any other quantified CCD rule by more than 25 percent. Upon such approval of the proposed PCCD by the reviewing bodies, the PCCD rules shall become a part of the zoning ordinances of the Town.

(C)

Conceptual plan. Each application for the establishment of a PCCD shall be accompanied by a conceptual plan in written and graphic form (a "conceptual plan"). Upon approval of the proposed PCCD by the reviewing bodies pursuant to division (D) below, the conceptual plan shall become a part of the zoning map of the Town.

(1)

Elements of a conceptual plan. Each conceptual plan shall show the following information in respect of any project in graphic or schematic form in a scale reasonably satisfactory to the Planning Director:

(a)

Land uses;

(b)

Location of new and existing buildings, structures and building groups;

(c)

Architectural plans, elevations and cross sections in standard schematic format;

(d)

Floor area ratios and maximum heights of proposed new buildings and structures;

(e)

Vehicular, equestrian, bicycle and pedestrian circulation systems, including preliminary street cross-sections;

(f)

Location and type of existing and proposed landscaping, including identification of any trees to be removed;

(g)

Narrative and graphic depiction of the relation to and impact on present and future (u contemplated by the General Plan) land use in surrounding area;

(h)

Narrative and graphic depiction of proposed off-street parking, including the location and number of parking spaces and the proposed ratio of parking spaces to number of persons using project facilities;

(i)

Any additional data as may be reasonably required by the Planning Director to analyze the application for the PCCD in respect of the requirements and goals of this section.

(2)

Submission of conceptual plan to Architectural and Site Review Board. The conceptual plan (together with any proposed PCCD rules) shall be submitted by the applicant to the Architectural and Site Review Board ("ASRB") for its review and report of its recommendations to the Planning Director.

(3)

Requirements for additional information to be submitted with proposed PCCD rules or conceptual plan. The Town Council, the Planning Commission or the Planning Director may, at any time before any proposed PCCD rules or conceptual plan are finally approved, require an applicant to submit information, in addition to that required to be submitted as part of the conceptual plan or otherwise required by this section, which will reasonably assist the reviewing bodies to determine the substantial conformity of the proposed project with the General Plan and to make or fail to make the findings required under division (H) below. Such additional information may include without limitation data concerning whether the project is economically feasible or any information suggested by the ASRB in its report to the Planning Director.

(D)

Approval of PCCD rules and conceptual plan. Each conceptual plan and, if applicable, any proposed PCCD rules shall be required to be approved by the Planning Commission and, thereafter, by the Town Council.

(E)

Conditional use permit and specific development plan. A conditional use permit shall be required for any and all uses in a PCCD.

(1)

Conditions to development. An application for a conditional use permit under this section shall include a specific development plan covering the entire PCCD and all projects proposed to be located therein (the "specific development plan"). No construction or other development shall commence within the proposed PCCD until the Planning Commission and then the Town Council shall approve the specific development plan. The specific development plan, upon approval by the reviewing bodies, shall become a part of the subject conditional use permit.

(2)

Time for submission of specific development plan. The applicant shall submit the application for approval of a specific development plan within one year following the adoption of the conceptual plan for the proposed PCCD.

(3)

Elements of specific development plan. The specific development plan shall include the following elements:

(a)

A map showing the existing topography and the proposed topography of the project at one-foot contour intervals, or as otherwise approved by the Town Planning Director's staff;

(b)

A site plan for the entire area of the proposed PCCD showing:

1.

Vehicular, pedestrian, bicycle and equestrian, if applicable, circulation;

2.

Parking areas and the proposed ratio of parking spaces (off-street/on-street) to the number of persons using project facilities, all parking aisles, stall and curve radii dimensions and landscaped areas;

3.

Areas proposed for dedication for parks, parkways, playgrounds or public buildings;

4.

Landscaped public open space;

5.

Landscaped private open space;

6.

Placement of all proposed buildings and structures and property lines,

7.

A detailed tabulation of the densities;

8.

Any or all additional plans, diagrams and information, when deemed reasonably appropriate by the Planning Director, of the following types:

a.

An off-street parking and loading plan;

b.

A circulation diagram showing proposed movement of vehicles, pedestrians, bicycles, equines and goods within the proposed PCCD and to and from adjacent public thoroughfares;

c.

Information and diagrams showing special engineering features and traffic regulation devices needed to facilitate or [ensure] the safety of movement of vehicles, pedestrians, bicycles, equines and goods;

d.

A landscaping and tree planting plan showing, inter alia, the approximate location, type and size of tree and plant materials to be retained or installed;

e.

An engineering site grading plan showing proposed finished grades, public improvements and site drainage;

f.

A detailed engineering improvement plan showing public utilities within the proposed PCCD, including provisions for off-site connections and facilities necessary to serve the project;

g.

A written statement describing proposed recreation and open space areas, including proposals for ownership, development and maintenance thereof;

(c)

Complete preliminary architectural plans, elevations and cross sections;

(d)

A development schedule providing the following:

1.

The approximate date on which construction of any proposed project within the PCCD can be expected to begin.

2.

The anticipated rate of development.

3.

The anticipated completion date.

Such schedule, if approved by the reviewing bodies in the course of approval of the conditional use permit, shall be known as the development schedule.

(F)

Applications by Town Council or Planning Commission. Notwithstanding the requirements of divisions (B), (C) and (E) above, a PCCD initiated by the Planning Commission or the Town Council shall require only a graphic conceptual plan containing, at the discretion of the Town Council, all or part of the information required under division (C) above.

(G)

General development standards and requirements. Notwithstanding any other provisions of this section, all projects shall be subject to the goals, policies, standards and requirements, taken from and referring to paragraphs of the General Plan, that are set forth in Exhibit A that is appended to the ordinance codified in this section and hereby incorporated herein.

(H)

Findings.

(1)

Conformity to General Plan. As a condition to approval of a conceptual plan, any PCCD rules or a conditional use permit under the provisions of this section, the Planning Commission or the Town Council, as the case may be, shall make all of the following findings with respect to the matter under consideration:

(a)

The conceptual plan, PCCD rules or conditional use permit, as the case may be, and any proposed project will conform to the General Plan, including without limitation all of the goals, policies, standards and requirements set forth in division (G) above;

(b)

The uses proposed for the PCCD will not be detrimental to present and planned uses of surrounding property, as the latter are described in the General Plan;

(c)

The PCCD and any projects proposed therefor will be consistent with the applicable provisions of Section 153.927;

(d)

The PCCD and any projects proposed therefor will not have a materially adverse and unmitigatable impact on finances of the Town.

(2)

Special findings regarding PCCD rules. If any PCCD rules are to be adopted, then in addition to the findings required under division (H)(1) above, the Planning Commission or the Town Council, as the case may be, shall make all of the following findings with respect to the matter under consideration: The proposed PCCD rules will result in or permit a public benefit exceeding the public benefit that would result if the PCCD were governed solely under the CCD rules. For the purposes of this section, examples of such benefits may include but not be limited to the providing of:

(a)

Landscaping or open space;

(b)

On-site or off-site public improvements such as trails, pathways, off-road parking or retail services for local residents; or

(c)

Off-site public improvements not normally required as part of a commercial development.

(3)

Special findings regarding Conditional Use permits. If an application for a conditional use permit is to be approved, then in addition to the findings required under division (H)(1) above, the Planning Commission or the Town Council, as the case may be, shall also find with respect to the matter under consideration that the specific development plan conforms to the conceptual plan approved in respect of the proposed PCCD.

(I)

Amendment of elements of PCCD.

(1)

Changes in conceptual plan. Changes in the conceptual plan shall be considered the same as changes in a zoning ordinance and shall be made in accordance with the procedures set forth in Sections 153.961 through 153.965.

(2)

Changes in specific development plan. Changes in the specific development plan shall be considered the same as changes in a use permit and shall be made in accordance with the procedures set forth in Sections 153.921 through 153.930.

(J)

Forfeiture of conditional use permit. A conditional use permit granted under this section shall become null and void unless the development schedule is met in all respects. For good cause shown by the person to whom the conditional use permit has been issued in a writing delivered to the Town Clerk prior to the expiration of the development schedule, the Town Council may extend the limits imposed by the development schedule in accordance with Sections 153.961 through 153.965. Extensions of the conditional use permit may be granted for up to one year at the discretion of the Town Council, provided that such extensions shall not exceed two years cumulatively.

(K)

Rezoning. If, in the opinion of the Planning Commission or the Town Council, a private applicant shall at any time fail to meet any requirement of the applicable conditional use permit other than the requirements of the development schedule, then, notwithstanding the granting of any extensions pursuant to division (G) above, upon a written recommendation by the Planning Commission to the Town Council, or upon motion of the Town Council, as the case may be, the Town Council may initiate proceedings under Sections 153.961 through 153.965 to rezone the property to another zoning district which shall conform to the General Plan.

(L)

Relationship of PCCD ordinance to other ordinances. Unless expressly provided otherwise in this chapter, the general provisions of the Town zoning ordinance which apply to all zones shall also apply to PCCDs.

(M)

Application and fees. Applications for establishment of a PCCD in accordance with the provisions of this chapter shall be made by the applicant or any duly authorized agent thereof on forms to be prescribed by the Town and shall be accompanied by fees to be established by resolution adopted by the Town Council.

(1975 Code, § 9-2.112.1) (Ord. 1988-376, effective 12-8-88; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

(A)

Development within multi-family residential zoning districts, (MF, MF-20, and MFRZ), are subject to the development standards and requirements of this section.

(B)

Development standards and requirements.

(1)

The following standards shall be met by any proposed MF or MFRZ development:

(a)

Density. The allowable density shall be defined pursuant to Section 153.102 of this Code.

(b)

Site grading. Site grading may exceed 1,500 cubic yards without Planning Commission approval of an exception as outlined in Chapter 151.

(c)

Landscape screening buffer. For lots that share a property line with a single-family residential zoning district (R-1, SR, RR, or SCP), a ten-foot-deep landscape screening buffer shall be provided along the full length of the shared property line(s).

(d)

Garbage enclosures. All garbage storage areas shall be enclosed with a solid fence or wall that is six feet in height and 20 feet away from an adjacent single-family residential zoning district.

(e)

Lighting. No exterior lighting element shall be placed above the height of the ground-floor plate line, except when necessary to illuminate upper floor outdoor spaces, such as balconies or decks. All exterior lighting shall be directed downward and fully shielded. Lighting shall be placed so that the light will not shine directly on lands of adjacent properties.

(f)

Utility screening. Street-level views of ground-mounted utility cabinets and mechanical equipment shall be screened with landscape screening and/or a solid fence or wall that is at least the height of the item being screened, but in no case taller than six feet. Built screening shall be constructed with natural wood, or one or more of the materials used on the project building(s) façade.

(g)

Number of driveways. A site may have up to two driveways without Planning Commission approval of a second driveway exception outlined in Chapter 151. Additional driveways may be approved by the Town Engineer if required for emergency vehicle access.

(h)

Lot yield; slope density standards. Lot yield; slope density standards outlined in Section 153.414 do not apply to portions of land being subdivided for MF or MFRZ zoned properties identified on the Town zoning map.

(i)

Slopes in excess of 35 percent. Multi-family residential development may occur on slopes in excess of 35 percent without approval of a variance.

(j)

Fire safety and building regulations. All multi-family residential development shall be in compliance with the building and fire safety regulations contained in Chapter 150. An Emergency Evacuation Plan shall be required with a proposed development.

(2)

Objective design standards for Cañada College Campus Property. MFRZ development shall comply with objective design standards adopted by the Town Council for portions of the Cañada College property identified as MFRZ on the Town zoning map.

(3)

Objective design standards for 773 Cañada Road. MF development shall comply with objective design standards for portions of 773 Cañada Road identified on the Town zoning map.

(4)

Objective design standards for the Raymundo Drive Parcel. MF development shall comply with objective design standards for the Town-owned Raymundo Drive parcel (Assessor Parcel Number 072-041-040) identified on the Town zoning map.

(5)

Objective design standards for the High Road Parcel. MF development shall comply with objective design standards for the High Road parcel (Assessor Parcel Number 069-170-450) identified on the Town zoning map.

(C)

Evaluation criteria. The evaluation criteria for MF and MFRZ projects are the development standards and requirements provided in division (B)(1) of this section and objective design standards identified for specific MF and MFRZ sites, as provided in division (B)(2) through division (B)(5) of this section.

(D)

Amendment of an approved multi-family project. Any change to an approved multi-family project, shall be processed and reviewed following the same evaluation criteria and process described for MFRD review and approval in division (D) of this section, except for the conversion of existing space for an accessory dwelling unit, and/or construction of a new addition or structure for an accessory dwelling unit, which shall be by the Planning Director.

(E)

Lapse of permits. Lapse and extensions of permits issued under Section 153.110 shall be governed by Section 153.917, except that the Planning Director may issue up to two extensions of the formal design review permit for up to two years each, for a maximum extension of no more than four years.

(F)

Relationship of MF ordinance to other ordinances. Unless expressly provided otherwise in this section, the general provisions of the Town zoning ordinance which apply to all zones shall also apply to MF and MFRZ zones.

(G)

Application and fees. Applications for rezoning to MF or MFRZ shall be made by the applicant or any duly authorized agent thereof on forms to be prescribed by the Town and shall be accompanied by fees to be established by resolution adopted by the Town Council.

(Ord. 2015-565, effective 2-26-15; Am. Ord. 2017-585, effective 4-27-17; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2018-593, effective 4-26-18; Ord. No. 2024-639, § 2 (Exh. A), effective 10-24-24; Ord. No. 2024-640, § 2 (Exh. A), effective 10-24-24; 2025-644, § 3, effective 1-14-25; 2025-646, § 3 (Exh. A), effective 3-27-25)

Home Occupations shall comply with the following regulations:

(A)

Such occupations shall be conducted by no more than two resident occupants entirely within either the main dwelling unit or accessory dwelling unit.

(B)

The total floor area used for home occupations shall not exceed one-fourth of the total floor area of the main residence or 400 square feet, whichever is less, regardless of where on the parcel such occupation is carried on.

(C)

No products shall be sold or stocked for sale other than those produced on the premises. No outdoor storage of material shall be permitted. No vehicle related to the home occupation larger than a three-fourths ton truck nor more than two vehicles related to the home occupation shall be parked on the premises.

(D)

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

(E)

Home occupations shall not require internal or external structural alterations, nor shall construction features or mechanical equipment not customary in dwellings be permitted.

(F)

Home occupations shall not result in a change of the character of the dwelling or adversely affect the uses permitted in the residential district.

(G)

No equipment or process shall be used in a home occupation which equipment or process creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver or causes fluctuations in line voltages off the premises.

(H)

A home occupation shall not cause an increase in parking demand or a significant increase in pedestrian or vehicular traffic in the vicinity.

(I)

A home occupation shall not be conducted on any site unless a permit authorizing the use has been issued by the Town. An application for a home occupation permit shall be filed with the Town. No public hearing shall be required, but the public notice shall be the same as that for public hearings as set forth in Section 153.963 of this chapter. A home occupation permit shall be valid for a period of one year and shall be renewed annually. The provisions of Chapter 110 shall apply to all home occupations and the renewal of the home occupation permit shall be concurrent with the business license renewal.

(1975 Code, § 9-2.113) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1987-350, effective 10-8-87; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2003-519, effective 7-24-03; Am. Ord. 2017-589, effective 8-24-17)

Wineries established and bonded prior to June 1, 1991 shall be deemed legal nonconforming uses. All such pre-existing wineries shall register with the Planning Department of the Town within 90 days of the effective date of this section on a form prepared by the Planning Director. Wineries, which are bonded after June 1, 1991 shall comply with the following regulations:

(A)

Two acres shall be the minimum lot size of a property proposed for a winery; a minimum of one-half acre of the winery property must be planted in grapes; if contiguously owned parcels are required to satisfy this requirement, then the conditional use permit is effective only as long as the owner owns those lots which satisfy the acreage requirement;

(B)

Production shall be limited to 1,000 gallons of wine annually, sales are limited to 2,000 gallons annually, and on-site storage is limited to no more than 4,000 gallons;

(C)

The network of roads serving the area shall be adequate to accommodate trucks related to a winery operation. The property shall have access to and be within 2,000 feet of an arterial or collectorroad as defined in Sections 2410 and 2411 of the General Plan (Exhibit 8). The impact of traffic added to an area, over and above what currently exists, or is anticipated, shall be considered in the review of each application or renewal.

(D)

The requirements of the San Mateo County Health Officer and Town ordinances regarding disposal and treatment of winery wastes and washdown water shall be complied with. No waste water or washdown water from the winery operations shall be connected or disposed of into a domestic septic tank.

(E)

The conditional use permit shall be reviewed annually for the first three years, and once every three years thereafter, and will be subject to cancellation if it is determined by the Planning Commission that the conditions contained herein or any other conditions that may be attached to the permit have not been followed;

(F)

The setback requirements for winery operations shall be as follows:

(1)

Interior winery operations shall be 50 feet from a property line shared with a different owner, and 100 feet from a residence on an adjacent property not under the same ownership as that of the winery;

(2)

Seasonal exterior winery operations, such as bottling and crushing, shall be at least 50 feet from a property line shared with a different property owner, and 100 feet from a residence on an adjacent property not under the same ownership as that of the winery;

(G)

Crushing shall be limited to a maximum of seven days of activity per year;

(H)

The premises shall be kept in a clean, sanitary condition at all times, and maintained and operated in accordance with all federal, state and local laws and ordinances;

(I)

The applicant shall obtain a manufacturer's, type 02, license from the California Alcohol Beverage Commission (ABC), and a bonded winery permit, from the US Bureau of Alcohol, Tobacco and Firearms;

(J)

Sales shall be by off-site delivery only, except at events held under division (N) below. On-site pick-up and delivery shall be limited to routine parcel service pickup and delivery;

(K)

No trucking of fermented or refermented wine juice, or fruit juice shall be permitted to the site;

(L)

The winery shall be accessory to the principal residential use;

(M)

Equipment shall be stored when not in use so it is not visible from adjacent public or private roads or properties;

(N)

Wine tasting and tours shall be by invitation only; and

(O)

A bottling truck shall be allowed to park on a driveway and bottle the wine/fruit juice for a maximum of ten business days per year.

(Ord. 1991-451, effective 1-9-92; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Parcels zoned residential in or adjoining the Town Center may not be used to facilitate or support commercial use of other parcels, including parking or access,

(1)

Except where a permit was granted by the Town for the use of the residential parcel and improvements were constructed prior to June 1, 1988, and

(2)

Except residentially zoned parcels within the Woodside Road-Whiskey Hill Road Parking Assessment District, as established November 2, 1988, which may be improved only as shown on the Town Center Site Plan, dated March 8, 1989 with at least (50 percent) percent of each residential parcel remaining undeveloped or landscaped.

(1975 Code, § 9-2.114) (Ord. 1988-375, effective 11-6-88 [repeal by vote of people]; Am. Res. 1989-4590, effective - -; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The purpose of this subchapter is to set forth the general requirements applicable to the development and occupancy of all sites and buildings within each of the zoning districts and to establish the nature of the limitations which modify the provisions of this chapter.

(1975 Code, § 9-2.201) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Except as otherwise provided in this chapter:

(A)

No parcel shall be used for a principal use, conditional use, or accessory use, and no building permit shall be issued, except as follows:

(1)

For lots shown on a land division or subdivision map approved by the Town; and

(2)

For parcels which are excepted from the area requirements of this chapter by subsections 153.205(C) through 153.205(D) of this subchapter.

(B)

No lot or structure shall be used or designated for use for any purpose or in any manner other than in conformity with the regulations for the district in which the lot or structure is located.

(C)

No accessory use shall be permitted in a district where such use is not provided for in this chapter or which accessory use effectively converts a principal use to a use not permitted in the district.

(D)

No accessory building or structure shall be used for human habitation, except in accordance with regulations set forth in this chapter for accessory dwelling units.

(E)

No structure shall be erected, and no existing structure or use shall be moved, altered, or enlarged, except in conformity with the regulations for the district in which the structure or use is located.

(F)

No required setback or open space area related to any structure or use shall be used, encroached upon, or reduced in any manner, except in conformity with the regulations for the district in which the setback or open space is located.

(G)

A lot having a width or frontage less than the minimum prescribed for the district in which the lot is located, which lot is shown on a duly approved and recorded subdivision map, or for which a certificate of compliance has been filed, and which had a legal area, width, and frontage at the time the subdivision map was recorded or the lot was otherwise legally created, may be used as set forth in Section 153.205.

(H)

No setback, off-road parking space, garage space, or loading space provided for a structure, building, or use shall be considered as providing all or part of the setback, off-road parking space, garage space, or loading space required for any other building or use on any other parcel, except as permitted by Section 153.224 for the joint or collective use of parking space.

(I)

The building limitations respecting the OSH, OSRL, OSRM, OSN, and OSM Districts shall be applied, and all uses therein be limited, in a manner that will reasonably restrict structures to those presently existing or to replacements thereof and will limit the number, size, and dispersion of all structures with the goal of optimum preservation of the open space and enhancement of the rural characteristics of the open space.

(1975 Code, § 9-2.202) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Cross reference— Penalty, see § 153.999.

The following conditions shall be required in all zoning districts:

(A)

No building or other improvement shall be constructed or enlarged so as to create a change in the physical configuration of a lot by means of cuts or fills, unless a grading permit is issued pursuant to the requirements of the site development provisions.

(B)

Prior to the establishment of a principal use or conditional use on any lot, existing vegetation shall not be removed, nor shall any grading by power equipment be undertaken, except as follows:

(1)

As may be required for construction authorized by a valid building permit;

(2)

As may be authorized by the terms of any conditional use permit authorized by the Planning Commission pursuant to Sections 153.921 through 153.930;

(3)

As may be required or authorized by any Town official for the purpose of preventing or correcting any hazardous condition;

(4)

As may be authorized by the Town Engineer to permit necessary surveys, soil tests, or geological explorations to provide a basis for decisions regarding building construction or land division projects;

(5)

As may be required in conjunction with the development of a subdivision or land division which has been approved and authorized by the Town;

(6)

As may be permitted by Sections 153.411 through 153.415;

(7)

As may be required for the construction of trails as authorized by the Town.

(C)

Where the natural runoff of stormwaters is changed by grading, structures, buildings, driveways, or paved areas, the landowner shall prevent the unnatural diversion of surface waters to downslope lots.

(D)

Grazing shall be limited in duration and intensity to that which will not induce damages to ground cover resulting in erosion or the rapid runoff of stormwaters.

(E)

All residents shall maintain the vegetation adjacent to public and private roads in such a manner as not to obstruct necessary and adequate sight distances as determined by the Town Engineer. New plantings adjacent to public and private roads shall not be of the variety which will grow to a size which will obstruct sight distances.

(F)

All subdivisions and land divisions shall include specific provisions for erosion control by the planting of bare earth surfaces. The landowner shall be responsible for the replacement or restoration of trees, ground cover, and natural vegetative character lost as a result of such construction. Site improvement plans shall be prepared by a professional landscape architect or other professionally qualified person. The site improvement plan shall be formulated to provide grading, drainage, and planting consonant with the best practical and aesthetic results. The planting program shall be part of the construction contract, and such plantings shall be maintained by the landowner until self-sufficient.

(1975 Code, § 9-2.218) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1988-362, effective 4-29-88, Am. Ord. 1989-383, effective 4-13-89; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2012-554, effective 8-23-12; Am. Ord. 2017-589, effective 8-24-17)

(A)

Purpose. To allow the Planning Director to grant limited exceptions to development standards for minor improvements to existing residences to accommodate access needs for persons with disabilities of all types, including developmental disabilities and/or physical disabilities.

(B)

Procedure. Exceptions to existing development standards may be granted by the Planning Director, upon making all of the findings outlined under division (C) below.

(1)

The applicant shall submit an application, together with a site plan, elevations and additional supporting information required by the Director to provide sufficient understanding of the request and compliance with development standards.

(2)

No public notice or hearing is required.

(3)

Exceptions shall be granted subject to the following restrictions:

(a)

The improvements may be made to any existing main residence or accessory living quarters.

(b)

Exceptions are not permitted for a proposed new residence or proposed new accessory living quarters.

(c)

Improvements shall be restricted to those necessary for enhanced access for disabled persons of all types including persons with developmental disabilities and/or physical disabilities, including but not limited to, access ramps, widening of hallways, or expansion of bathrooms or closets.

(d)

Exceptions to development regulations shall be limited to any, or all, of the following, over the life of each structure:

1.

Paved area coverage not greater than 250 square feet in excess of allowable limits for the site; and/or

2.

Floor area not greater than 150 square feet in excess of allowable limits for the site; and/or

3.

Encroachment into setbacks not greater than ten percent of the allowable setback width; and/or

4.

Increased maximum house size for a main residence not to exceed 150 square feet in excess of the allowable maximum for the site; and/or

5.

Exceptions to zoning regulations for fencing or other item to secure facilities to provide a safe environment.

(C)

Findings. The Planning Director shall make all of the following findings in order to grant an exception for minor improvements for disabled access:

(1)

The request for reasonable accommodation will be used by an individual with a disability protected under fair housing laws.

(2)

The proposed improvements are necessary to provide for housing access for disabled persons of all types, including persons with developmental disabilities and/or physical disabilities.

(3)

The proposed exception(s) will cause no significant negative environmental impacts to the applicant's property, adjacent properties, or to the surrounding neighborhood and Town.

(4)

The proposed exception(s) will cause no significant negative impacts on the privacy of the applicant or adjacent neighbors.

(5)

The requested accommodation is consistent with the Town's General Plan, Woodside Municipal Code, and Residential Design Guidelines.

(Ord. 2005-525, effective 5-12-05; Am. Ord. 2017-582, effective 2-23-17; Am. Ord. 2017-589, effective 8-24-17)

(1)

Every building in which a principal use is conducted shall be located upon a legal lot of record.

(2)

No lot shall be reduced in any manner below the minimum area required for subdivision prescribed for the district in which the lot is located, unless a lot area variance is granted in accordance with Section 153.940 of this chapter or the Planning Commission waives the lot size requirement, pursuant to division (D)(1) of this section.

(3)

Table D sets forth the basic lot area and width requirements required for subdivision which apply to all zoning districts. Such basic regulations are further defined and supplemented by the additional requirements and exceptions set forth in this section.

(1)

Pursuant to the definition of lot area in Section 153.005, for the purposes of this chapter, "lot area" shall mean the total area measured in a horizontal plane within the lot lines bounding the lot, excluding the following:

(a)

Easements for road rights-of-way which are not for the exclusive use of the lot on which located;

(b)

Any portion of an individual access strip in excess of five percent of the lot area required in the district; and

(c)

Public utility or drainage easements when not located adjacent to property lines.

(1)

If a particular lot, regardless of the lot area, falls within the following exemptions, the owner of the lot or the owner's successor in title or interest may use the lot as a building site for a use permitted in the zoning district in which such lot is located provided all other applicable regulations for the zoning district and all other local regulations are complied with:

(a)

Any lot or parcel which was created and was established in full compliance with the zoning and subdivision regulations in force at the time such lot or parcel was created, except those nonconforming lots which are subject to the merger provisions of Section 152.130 et seq.; and

(b)

Any lot specifically excepted by the subdivision provisions.

(1)

The Planning Commission, upon reaching a finding that land under consideration for division contains unique visual, biological, cultural, or other physical characteristics, may waive the lot size required for subdivision or locational requirements in order to preserve one or more of such amenities. In no case shall the Planning Commission approve more building sites or lots than the applicant would be entitled to under the strict application of all of the applicable zoning and subdivision requirements, and in no case shall the Planning Commission approve individual lot sizes smaller than 50 percent but not less than three-fourths of an acre of the required minimum lot area required for subdivision (excluding the slope-density requirements) within the zone district. The Planning Commission may require that such preserved-environmental features be placed within protective open space or conservation easements or other ownership arrangements. The lot area may be modified by the slope-density standards pursuant to Section 153.414 of this chapter. The number of permitted buildinglots may also be modified by the findings of the environmental review process and the requirements of the subdivision provisions.

(Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-604, § 2(Exh. A), effective 2-27-20)

(1)

Table E sets forth the basic floor area requirements which apply to all zoning districts. Such basic regulations are further defined and supplemented by the additional requirements and exceptions set forth in this section.

(a)

The following tables modify the maximum permissible total floor area limits for legal nonconforming lots in the SCP and RR zones:

(2)

The gross floor area of any accessory building shall not exceed 1,500 square feet, except barns and stables, which shall not exceed 2,500 square feet unless the barn or stable is located in the OS or SCP Districts, where barns and stables may not exceed 3,000 square feet.

(3)

The gross floor area of a covered constructed equestrian riding arena shall not exceed the size permitted for an accessory use or permitted conditional use as outlined in Sections 153.107 Table A-2 and 153.107 Table A-3, subject to the total floor area limit for a property.

(1)

The floor area of structures as set forth in division (A) of this section on a site shall be measured as related to exterior wall height as explained in Table F.

(2)

Measurements of floor area shall be from the outside surfaces of the exterior wall.

(3)

Plate height is measured from existing grade at time of application, or from finished grade, whichever is lower.

(4)

Table F applies to all structures except stables, barns, and covered equestrian arenas, whose floor areas equal their footprint areas.

(5)

The Community Commercial District utilizes building coverage, in place of floor area. See Section 153.210, for building coverage requirements, measurement, and exceptions.

TABLE F — Floor Area Calculation Method

STEP 1:

Divide the floor plan of the building into non-overlapping rectangular, triangular and circular sections, each with the following characteristics:

a. The slope of the grade under each section remains the same over the entire section (±5%). If the slope changes by more than 5%, break the section into multiple sections at the point that the slope changes.

b. If the roof line changes (e.g., a second story), start a new section at that point.

NOTE: Floor area is counted to the outside of the exterior stud wall. Thick finishes and veneers, or unused spaces such as decorative pilasters, are also included in floor area.

STEP 2:

Add up the plate heights at each corner of the section and divide the total by four if the section is a rectangle, and divide by three if the section is a triangle. If the section is a circle, measure the plate height at the center. This gives the average plate height (APH) for each section.

The plate height is the distance from the existing grade at the time of application or finished grade (whichever is lower) to the intersection of the exterior wall plane with the underside of the roof plane. Flat soffits do not lower the plate height.

Clarification 1: Plates DO NOT run up the ends of gable roofs, but are assumed to run in a straight line from the plate height at one corner of the building to the plate height at the other corner.

Clarification 2: Plates DO run along the roof line of shed roofs, which are defined as a roof which terminates at its high point with a wall which has more than four feet exposed.

Clarification 3: Plates DO run along roofs that have a pitch greater than 12:12, which are considered a wall.

Clarification 4: Gambrel roofs and parapets are a judgment call by the Planning Director based on the pitch of the gambrel and the appearance of the roof.

STEP 3:

If the average plate height for a section is 11 feet or less, the floor area for that section is equal to its footprint area. If the average plate height of a section is over 11 feet, multiply the footprint area of that section by an additional 0.1 for each foot the average plate height (APH) is over 11 feet. (Example: If a section's APH is 13 feet, multiply the corresponding footprint area by 1.2 to get that section's floor area.)

STEP 4:

Add up the floor areas for each section to determine the total floor area for the building.

Apply floor area credits or exclusions, as specified in the following Table F-1.

(6)

Measurement of size of main residence. The size of a main residence shall include the total gross floor area of a main residence using the rules for calculating floor area stated in division (B) above with the following exceptions:

(a)

Detached structures shall be excluded unless they are attached to the main residence by an aboveground structural element, or they are separated from the main residence by less than eight feet in the R-1 Districts or less than 15 feet in all other zoning districts. Structures are not considered attached if they are only connected via a covered walkway that is 100 percent open on one of the long sides, 50 percent open on the other long side, less than eight feet wide, have a plate height under 11 feet and do not have a wall higher than four feet on one long side.

(b)

Floor area utilized exclusively for attached garages and carports, including those existing at the time of the adoption of the amendment codified in this division shall be excluded as follows:

1.

In the R-1 and SR Zoning Districts, the maximum amount of area excluded shall be 440 square feet or the actual size of the garage or carport, whichever is less. If a maximum residence size exception has been approved for a property in the SR Zoning District, the maximum garage or carport exclusion shall be 550 square feet.

2.

In the RR and SCP Zoning Districts, the maximum amount of area excluded shall be 660 square feet or the actual size of the garage or carport, whichever is less.

(1)

In the SR, RR and SCP Residential Zoning Districts. An exception shall be granted to the maximum size of the main residence, pursuant to the formulas in Table G of this section, by the body and evaluation criteria designated in Sections 153.912 through 153.918 for lots in the SR, RR and SCP Residential Zoning Districts. For purposes of such exceptions, conforming parcels shall consist of no more than one lot. In order for the approving body to grant an exception in the SR, RR and SCP Residential Zoning Districts, all of the following conditions must be satisfied:

(a)

The maximum size of a main residence, with an exception granted, may not exceed the following limits:

SR: 5,500 square feet

RR and SCP districts: 8,800 square feet

(b)

The property shall not be subdivided to create a lot smaller than the minimum acreage required for the exception; and

(c)

The front, rear and side setbacks shall be increased from 50 feet to 100 feet for ten to 15 acre parcels, to 150 feet for 20 acre parcels to 200 feet for 25 acre parcels and to 250 feet for 30+ acre parcels (allowing for interpolation between steps at the rate of ten feet for every acre of lot size increase).

(2)

In the R-1 Residential Zoning District. An exception shall be granted to the maximum size of main residence, pursuant to the formulas in Table G of this section, by the body and evaluation criteria designated in Sections 153.912 through 153.918, in the R-1 Residential Zoning District, provided the following condition is satisfied:

(a)

The maximum size of a main residence, with an exception granted, may not exceed the following limits:

R-1 District:

 For lots < 20,000 sq. ft.: TFA limit, up to 3,000 sq. ft.

 For lots > 20,000 sq. ft.: 4,200 sq. ft.

(1)

Up to the first 800 square feet of one accessory dwelling unit or, up to 800 square feet of the combined square footage of two accessory dwelling units, shall not count toward the maximum size of the main residence and/or total floor area permitted on a property.

(1)

An expansion of no more than 150 square feet to the size and physical dimensions of an existing main residence, which retains sufficient setback for fire and safety access, shall be allowed to provide separate exterior access for the junior accessory dwelling unit.

(Ord. 2017-589, effective 8-24-17; Am. Ord. 2018-593, effective 4-26-18; Am. Ord. 2018-596, § 2(Exh. A, § II), effective 10-26-18; Am. Ord. 2020-604, § 2(Exh. A), effective 2-27-20; Am. Ord. 2020-610, § 4, effective 8-13-20; Am. Ord. 2021-616, § 2(Exh. A, § III), effective 3-11-21; Ord. No. 2025-647, § 2 (Exh. A), effective 5-8-25)

(1)

Table H sets forth the basic setback requirements which apply to all zoning districts. Setback exceptions for accessory dwelling units within Residential Zoning Districts are set forth in Section 153.211. Such basic regulations are further defined and supplemented by the additional requirements and exceptions set forth in this section.

(2)

No setback space provided for any structure in compliance with the regulations for the district in which the setback space is located shall be deemed to provide a setback space for any other structure, and no setback on one lot shall be deemed to provide a setback space for a structure on any other lot.

(3)

Accessory buildings and structures used for sheltering livestock shall conform to the following requirements in addition to conforming with all other applicable code provisions:

(a)

Pasture or corralfences for maintaining or concentrating livestock shall conform with the location requirements of Chapter 115 of this Code.

(b)

Structures, other than fences for housing, maintaining or concentrating livestock, fowl and small animals, shall be located as follows:

1.

Not less than 80 feet from any main dwelling existing on an adjoining lot in an SR and R-1 District, and 100 feet from any main dwelling, on an adjoining lot, in an OS, SCP and RR District at the time such structure is erected;

2.

Not less than 50 feet from any neighboring property line, when either the parcel upon which the structure is located or the adjoining parcel is in the OS, SCP or RR District; and not less than 40 feet from any neighboring property line, when either the parcel upon which the structure is located or the adjoining parcel is in the SR or R-1 District; and

3.

Not less than 50 feet from any front property line or a property line adjoining a street.

(c)

Fenced enclosures, other than those included in division (a) of this division (3), for the concentration of fowl and other small animals shall not be less than 25 feet from any property line.

(4)

Structures housing fowl, rabbits, or other small animals shall be kept a minimum of 50 feet from dwellings on neighboring properties, and all required setbacks shall apply.

(5)

No part of a constructed equestrian riding arena shall be located within ten feet of any property line or ingress/egress easement pursuant to Section 153.207(B)(1).

(6)

Tennis courts, including fences, shall be set back at least 15 feet from the side and rear property lines. Front setbacks shall conform to those required for the zone district.

(7)

Swimming pools shall conform to the same setback requirements as the principal structure within each zoning district.

(8)

The following setback requirements shall apply to parcels in the CC District:

(a)

No side setback shall be required for a parcel in the CC District, except where the side parcel line of the property in the CC District abuts directly on property in any residential district or on a public street, in which case the minimum width of the side setback for such parcel shall be 15 feet.

(b)

No rear setback shall be required in the CC District for structures on parcels located entirely within the boundaries of the Town Center Parking Assessment District where a portion of the original parcel has been acquired by the Town for use in the same Town Center Parking Assessment District, consistent with the Town Center Site Plan, dated March 8, 1989, and with the engineer's report for the Woodside Road - Whiskey Hill Road Parking Assessment District, adopted October 5, 1989 by the Town.

(9)

Notwithstanding the other requirements of this chapter, the following special setback lines shall prevail where applicable for parcels located on Moore Road, Valley Road, Valley Court, Lawler Ranch Road, and Cañada College: no building or structure shall be constructed closer than 200 feet from the right-of-way of I-280.

(1)

Required setbacks shall be measured horizontally from the front, side, or rear property line and from the interior boundaries of easements for ingress and egress, as appropriate to the measurement, to a line parallel thereto at the nearest point of a structure on the lot.

(2)

Where a lot abuts on a road having only a portion of its required width dedicated or reserved for road purposes, the required setback shall be measured from the line establishing the additional width required for road purposes abutting the lot.

(3)

On a lot which is not rectangular or approximately rectangular in shape, required setbacks shall be measured in the manner prescribed by the Planning Director.

(4)

For lots with frontage on more than one roadway, the Planning Director shall determine the road from which the building site would be most visible and apply front setback regulations to that roadway frontage of the lot.

(1)

Chimneys; fire escapes; bay windows; eaves; cornices; canopies; stairway landings; uncovered balconies; decks; porches; stairs from the ground to an uncovered balcony; deck; or, accessible ramp or lift on buildings that are not open to the general public that comply with all applicable requirements in the Federal Americans with Disabilities Act or equivalent requirements in the California Code, whichever are applicable, may extend into a required side setback a distance of not more than three feet and into a required front or rear setback a distance of not more than six feet.

(2)

Walls; hedges; walks; driveways; garage aprons; uncovered decks three feet or less above the ground; landscape features, such as patios, and water features, other than swimming pools; or, accessible ramp or lift on buildings that are open to the general public that comply with all applicable requirements in the Federal Americans with Disabilities Act or equivalent requirements in the California Code, whichever are applicable, may be located in any required setback.

(3)

Utility meters may be located in any required setback, at the discretion of the Planning Director.

(4)

Electrical vehicle charging stations and natural gas fueling dispensers may be located in any required setback if it is determined that the proposed installation will not have a specific, adverse impact upon the public health or safety.

(5)

Waterline backflow preventer devices.

(a)

Waterline backflow preventer devices may encroach into any required setback if all of the following criteria are met:

1.

Devices for waterlines that are two inches in diameter or smaller shall be located at least ten feet from the edge of the driving surface of adjacent roads, and from the edge of the trail tread, defined as the travel surface of any trail. Devices for waterlines that are over two inches in diameter shall be located at least 25 feet from the edge of the driving surface of adjacent roads, and from the edge of the trail tread, defined as the travel surface of any trail.

2.

The bottom of the horizontal portion of the device, or the point where two angled pipes intersect on the device, must not be more than 12 inches above grade as measured from the grade to the lowest part of the device, and not more than 30 inches above grade as measured from the grade to the tallest part of the device, unless an exception is obtained pursuant to division (C)(5)(b) below. The intent is to install the device as low as possible.

3.

Devices on residential properties shall be painted to blend into the surrounding area. Devices on commercial properties shall be painted to blend into the surrounding area, unless painting the device is prohibited by the most recently adopted fire protection regulations. Bronze, brass, copper, and stainless steel devices may be left unpainted.

4.

The devices shall be screened by planting, and/or fencing approved by Town staff, so that they are not visible from the road or adjacent properties, unless prohibited by the most recently adopted fire protection regulations. All approved screening shall remain in place as long as the devices are located within any required setbacks.

5.

The location of the devices shall not create a health and safety hazard.

(b)

The Planning Director may allow an exception to the requirements in divisions (C)(5)(a)1. through (C)(5)(a)3. if there are natural or manmade physical limitations existing on the site that prohibit meeting one or more of the requirements in divisions (C)(5)(a)1. through (C)(5)(a)3. of this section.

(6)

Where a buildingwall is not parallel to a parcel line, a portion of the building may project into the required setback provided:

(a)

The average depth or width of the setback is at least equal to the required least depth or width otherwise required; and

(b)

The setback is not less in depth or width at any point than 90 percent of the least width or depth otherwise required in the zoning district in which the lot is located.

(7)

Setback encroachments for nonconforming main residences and additions to nonconforming building features, listed in division (C)(1), are permitted, pursuant to Subsections 153.236(B)(2) and 153.236(B)(3).

(8)

Where a lot is situated between two lots, each of which has a main building located within 25 feet of the side lines of the lot in question, and such buildings are located nearer the street line than the depth of the front setback required for the district in which they are situated, the least depth of the front setback required for such parcel shall be equal to the greater depth of the front setbacks of such existing buildings.

(1)

Setback exceptions for residential zones

(a)

Purpose.

1.

To allow for the granting of exceptions to the setback regulations in the Town's four residential zones, the Town has determined that in certain lot, site, and neighborhood situations, in the R-1, SR, RR, and SCP Districts, exceptions to setback regulations shall be considered;

2.

To establish a procedure allowing for flexible design of all residential zoned properties, in hillside areas or elsewhere, so that development may be concentrated in those areas with the greatest environmental carrying capacity and limited in areas with low environmental carrying capacity;

3.

To establish a procedure or eliminate the rigidity, delays, and inequities that otherwise would result from the application of conventional residential setback regulations designed primarily for larger parcels or more level sites;

4.

To establish a procedure whereby the Town may authorize desirable residential developments consistent with the spirit and intent of the General Plan and the zoning ordinance without requiring numerous and difficult variance applications;

5.

To encourage variety, avoid monotony, and maintain natural features of residential areas by allowing property owners greater freedom in selecting the means to provide access, light, open space and amenities.

(b)

Exception procedures. Residential setback exception may be granted by the Planning Commission. An application and a brief but adequate site plan and elevations are required, as prescribed by the Planning Director. The Planning Director shall provide public notice of the exception as prescribed in Section 153.963(B)(2). A public hearing shall be held before any exception shall be granted. Exceptions may be granted subject to the following restrictions:

1.

Setback exceptions may be granted for the main residence, and, except in the R-1 zone, for accessory structures;

2.

Except where the findings under division (D)(1)(c) can be made, an exception to a setback may only be allowed if the setback on the opposite side of the property is increased by a like amount, e.g., side to side, front to rear, and the like. Prior to issuance of any building permit, a restrictive covenant running with the property shall be recorded reflecting the revised setbacks, and shall be accompanied by a site map reflecting the same;

3.

The Planning Commission may grant exceptions subject to conditions in order to assure privacy of the applicant or adjacent neighbors. Measures required to protect privacy, may include, but are not limited to, additional second storysetbacks, deletion of windows on certain walls or revising their location or size or design to minimize viewing opportunities, landscaping, fencing, or other appropriate screening, restricting outdoor living space and activities or equipment which generates excessive noise in the reduced setback, and other measures deemed necessary to prevent visual intrusion, noise impacts, or obstruction of view corridors or light.

4.

Exceptions shall not be granted to permit encroachment greater than the limits prescribed in Table H, in Section 153.207.

(c)

Findings. The Planning Commission shall make all of the following findings as a condition to granting a setback exception:

1.

a.

There are no alternatives available to the owner which would conform with zoning regulations; or

b.

The available conforming alternatives would cause greater adverse impact on natural features or adjacent residents than the proposed exception; or

c.

The applicant demonstrates that the proposed exception will conform to the setback pattern of development in the surrounding area (if finding (C)(1) shall be made pursuant to division (c), the applicable setback provided in the table may be reduced accordingly provided that no setback be reduced to less than that allowed by Section 153.207, Table H); and

2.

The proposed exception will cause no significant negative environmental impacts to the applicant's property, adjacent properties, or to the surrounding neighborhood and Town;

3.

The proposed exception will cause no significant adverse impact on the privacy of the applicants or the adjacent neighbors;

4.

The proposed exception is consistent in spirit and intent with residential zoning district purposes, including the purposes for granting setback exceptions, and regulations as adopted in this title; and

5.

The proposed exception is consistent in spirit and intent with the goals and objectives of the Town's General Plan.

(2)

Setback exceptions for the Glens—Ministerial and Discretionary

(a)

Purpose.

1.

To allow for the granting of exceptions to the setback regulations, in addition to the ministerial and discretionary exceptions in Sections 153.207(C) and (D), in the Glens residential neighborhood, the Town has determined that in certain lot, site, and neighborhood pattern situations, in this R-1 District, exceptions to setback regulations shall be granted;

2.

To establish a procedure allowing for flexible design of the Glens properties, affected by hillside and other constraints, so that development may be concentrated in those areas with the greatest environmental carrying capacity and limited in areas with low environmental carrying capacity;

3.

To establish a procedure or eliminate the rigidity, delays, and inequities that otherwise would result from the application of conventional residential setback regulations designed primarily for larger parcels or more level sites;

4.

To establish a procedure whereby the Town may authorize desirable residential developments consistent with the spirit and intent of the General Plan and the zoning ordinance without requiring numerous and difficult variance applications; and

5.

To encourage variety, avoid monotony, and maintain neighborhood pattern and natural features of the Glens by allowing property owners greater freedom in selecting the means to provide access, light, open space and amenities.

(b)

Exception procedures. A residential setback exception shall be reviewed by the Planning Director. Exceptions shall be granted, subject to the following restrictions and conditions:

1.

Ministerial.Setback exceptions shall not reduce any setback below five feet; with the exception of: one non-habitable shed not to exceed 120 square feet, with a maximum plate height of eight feet and maximum ridge height of ten feet, which may be placed within three feet of a side or rear property line and which shall only have windows on an elevation located five feet or more from the property line; and a parking garage, carport or parking platform, which may be placed within zero feet of a front yard setback. All structures shall also abide by any other required setbacks required in this Chapter or by an outside agency, including, but not limited to a riparian setback; and

2.

Discretionary. The Planning Director may grant exceptions for parcels > 20,000 square feet as listed in Table H, subject to conditions in order to assure privacy of the applicant or adjacent neighbors. Measures required to protect privacy, may include, but are not limited to, continuation of a nonconforming setback only along one yard with an existing nonconforming setback to maintain neighborhood pattern, additional second storysetbacks, deletion of windows on certain walls or revising their location or size or design to minimize viewing opportunities, landscaping, fencing, or other appropriate screening, restricting outdoor living space and activities or equipment which generates excessive noise in the reduced setback, and other measures deemed necessary to prevent visual intrusion, noise impacts, or obstruction of view corridors or light.

(c)

Findings. The Planning Director shall make all of the following findings as a condition to granting a setback exception:

1.

a.

There are no alternatives available to the owner which would conform with zoning regulations; or

b.

The available conforming alternatives would cause greater adverse impact on natural features or adjacent residents than the proposed exception; or

c.

The applicant demonstrates that the proposed exception will conform to the setback pattern of development of the adjacent properties;

2.

The proposed exception will cause no significant negative environmental impacts to the applicant's property, adjacent properties, or to the surrounding neighborhood and Town;

3.

The proposed exception has considered and mitigated any significant adverse impact on the privacy of the applicants or the adjacent neighbors;

4.

The proposed exception is consistent in spirit and intent with residential zoning district purposes, including the purposes for granting setback exceptions, and regulations as adopted in this title; and

5.

The proposed exception is consistent in spirit and intent with the goals and objectives of the Town's General Plan.

(3)

Setback exceptions for generators and other alternative power sources for emergency or medical purposes.

(a)

Findings. An exception may be granted by the Planning Director to the minimum setback requirements for generators and other alternative power sources for emergency or medical purposes, pursuant to the following findings:

1.

The setback encroachment shall not exceed the minimum setback prescribed by the setback exceptions for each zoning district as listed in WMC Section 153.207(A)(1)(Table H);

2.

There are no alternatives available to the property owner which would conform with zoning regulations;

3.

The proposed setback encroachment minimizes impacts on natural features and adjacent residents;

4.

The proposed exception is necessary to accommodate generators and other alternative power sources, for emergency purposes or medical purposes, where power outages due to both natural occurrences, as well as PG&E Public Safety Power Shutoffs (PSPSs), have become increasingly frequent;

5.

The proposed exception is consistent in spirit and intent with residential zoning district purposes, including the purposes for granting setback exceptions, and regulations as adopted in this title; and

6.

The proposed exception is consistent in spirit and intent with the goals and objectives of the Town's General Plan.

(b)

Operational conditions.

1.

The sound output of the emergency generator(s) and/or other alternative power source(s) shall not exceed 70 dB(A) at 23 feet per the manufacturer's specifications; and

2.

Periodic equipment testing for emergency generator(s) and/or other alternative power source(s) shall be performed only during the hours of operation listed in Section 151.55(B).

(c)

Noticing. The Planning Director shall notice the owner(s) of the property(ies) adjacent to the property line for which the exception is being sought for the proposed emergency generators and/or other alternative power sources at least ten days prior to the decision.

(Ord. 2017-589, effective 8-24-17; Am. Ord. 2019-602, § 2(Exh. A), effective 12-12-19; Am. Ord. 2020-604, § 2(Exh. A), effective 2-27-20; Am. Ord. 2021-618, § 2(Exh. A), effective 3-25-21; Am. Ord. 2022-623, § 2(Exh. A), effective 2-10-22)

(1)

Table I-1 through I-3 set forth the basic height requirements which apply to all zoning districts. Such basic regulations are further defined and supplemented by the additional requirements and exceptions set forth in this section.

(2)

In the Community Commercial District:

(a)

The map attached to the ordinance codified in this division and found on file in the office of the Clerk entitled "Community Commercial District Building Height Map" (hereinafter CCD Map) shall be referred to for identifying building locations in the Community Commercial District.

(b)

For all buildings located all or in part within 100 feet of Woodside Road, and located in area A on the CCD Map, no building may exceed a height of 17 feet above the edge of the paved right-of-way of Woodside Road, as measured from the elevation of the building nearest to Woodside Road.

(c)

For all buildings located all or in part within 100 feet of Woodside Road, and located in area B on the CCD map, no building may exceed 21 feet in height above the edge of the paved right-of-way of Woodside Road as measured from the elevation of the building nearest to Woodside Road, and may not exceed one story.

(d)

For all buildings located all or in part within 200 feet of the right-of-way of Highway 35, no building may exceed a height of 17 feet above the edge of the paved right-of-way of Highway 35 as measured from the elevation of the building nearest to Highway 35.

(e)

Any building existing as of the effective date of the ordinance codified in this division that is rendered nonconforming by the ordinance codified in this division may, in the event of destruction of more than 50 percent of the building by reason of fire or natural disaster, replace the same building without provision for the height limitations of the ordinance codified in this division, provided it is rebuilt in an identical architectural style, buildingfootprint and building volume.

(3)

In the Town Center Area:

(a)

Buildings on commercially zoned parcels immediately adjacent to Woodside Road in the Town Center may not be constructed or altered or exceed one story facing Woodside Road, notwithstanding division (A)(2). These buildings may include a basement, as defined in Section 153.005, on June 1, 1988, and the exceptions in division (C)(1) and (D)(2), or successor sections, for structures or mechanical equipment covering not more than 150 square feet shall apply.

(b)

If a building existing on June 1, 1988, has more than one story, it shall be subject to the then current provisions of this Code governing nonconforming uses and buildings.

(1)

The overall height and plate height of an existing building or structure shall be measured vertically from the finished grade to the uppermost point on the roof, wall, or parapet above the finished grade.

(2)

The maximum allowable height of a building and plate shall be determined by establishing a hypothetical line at the maximum building height parallel to the existing grade, or finished grade, whichever is lower.

(1)

Towers, spires, cupolas, chimneys, flagpoles, radio and television antennas, and similar structures and necessary mechanical equipment covering not more than 150 square feet may be erected to a height not more than 20 feet above the height limit prescribed by the regulations for the district in which the site is located. In no case shall such structures exceed a height of 50 feet.

(2)

In the Woodside Glens, detached garages, carports, and parking platforms, are not subject to the 11-foot plate height and 17-foot building height limit listed in 153.208(A)(1)(Table I-1). Plate heights may be as tall as necessary to construct the detached garages, carports, and parking platforms, to accommodate the driving elevation of the adjacent road, but the overall structure height may not exceed 28 feet; and may not exceed the 11-foot plate height and the 17-foot building height as measured from the driving elevation of the road.

(1)

The Planning Commission may approve a 35-foot height limit for the main residence, as an exception to the provisions of this section, provided all the following findings are made:

(a)

The lot size is 150 percent or more of the minimum lot size required in the applicable zoning district;

(b)

The buildingsetbacks are a minimum of 100 feet or more from all property lines; and

(c)

The additional height will not obstruct the view from public or private roads or neighboring properties.

(2)

In any district a use permit secured in the manner set forth in Sections 153.921 through 153.930 shall be required for a tower, spire, water tank, flagpole, commercial radio or television transmission antenna, transmission tower, or fire tower which exceeds the height set forth in division (C)(1).

(Ord. 2017-589, effective 8-24-17; Am. Ord. 2018-596, § 2(Exh. A, § IV), effective 10-26-18; Am. Ord. 2020-604, § 2(Exh. A), effective 2-27-20; Am. Ord. 2020-610, § 5, effective 8-13-20; Am. Ord. 2021-616, § 2(Exh. A, §§ II, III), effective 3-11-21; Ord. No. 2025-647, § 2 (Exh. A), effective 5-8-25)

(1)

Residential and Special Conservation Planning Zoning Districts.Paved area and surface coverage limits in the R-1, SR, RR, SCP-5, SCP-7.5, and SCP-10 Zoning Districts shall be subject to Tables J-1 through J-6:

(2)

Open Space Zoning Districts.Paved area and surface coverage limits in the OSH, OSRL, OSRM, OSN, and OSM Zoning Districts shall be subject to the following table:

(3)

Community Commercial Zoning District.Paved area and surface coverage limits in the CC Zoning District, and for any site designated for institutional use in the Town's General Plan and used for such use, may be regulated under the terms of a conditional use permit or by the Architectural and Site Review Board. In no event shall the paved area and surface coverage allowed under this chapter for any site designated for institutional use in the Town's General Plan exceed 25 percent of the total lot area.

(1)

The materials and features listed in the definition of paved area and surface coverage in Section 153.005 shall count towards the maximum permitted paved area and surface coverage for each zoning district.

(2)

The following features or designated portions thereof shall not count towards the maximum permitted paved area and surface coverage for each zoning district:

(a)

Constructed equestrian riding arenas so long as there is no change in use. If a change in use occurs all or a portion of the materials that are defined as paved area and surface coverage shall be removed so the remaining paved area and surface coverage on the property do not exceed the maximum permitted paved area and surface coverage.

(b)

Portions of principal access driveways that are beyond 50 feet from either the structure in which the permitted principal use occurs, or the detached garage that serves the structure in which the permitted principal use occurs.

(c)

Up to 2,500 square feet for each required fire truck turnaround or required fire truck driveway turnout, or the size of the required fire turnaround or turnout, whichever is less.

(d)

Portions of informal water features, such as ponds, or other water features without formal linear or uniform circular/oval shapes if the paved material does not project above the grade so long as the portions of such informal water features cover less than 2.5 percent of the lot area or 10,000 square feet, whichever is less.

(e)

Required drainage facilities.

(f)

Retaining walls and landscape walls of any material.

(g)

Up to 500 square feet total of decomposed granite, gravel, sand, or similar material that is not used for driveways or parking areas.

(h)

Up to 3,000 square feet of turnout area, or up to 1,000 square feet of turnout area per horse allowed on the property without an exception granted pursuant to Section 115.14 of the Municipal Code, whichever is greater.

(i)

Up to a maximum of 140 square feet per parcel for installation of a mechanical equipment/utility pad(s).

(j)

Ramps used as an accessible route that comply with all applicable requirements in the Federal Americans with Disabilities Act or equivalent requirements in the California Code, whichever requirements are applicable.

(1)

An exception may be granted to the maximum paved area and surface coverage in the SCP-5 Zoning District by the Planning Director:

(a)

Where the gross average slope of the entire parcel is less than ten percent;

(b)

If a recreational court is proposed, the average slope of the area beneath the proposed recreational court before grading must be less than five percent;

(c)

If a septic system is the method of waste disposal, a proven area for a 100 percent expansion of a septic leachfield must exist;

(d)

The maximum paved area and surface coverage if it does not exceed:

1.

15,000 square feet on lots three acres or larger;

2.

12,000 square feet on lots two to 2.99 acres.

(2)

An exception may be granted to the maximum paved area and surface coverage for equestrian uses, pursuant to the following review criteria and findings:

(a)

Findings. The Architectural and Site Review Administrator may grant an exception to the maximum allowable paved area and surface coverage for equestrian uses providing that all the findings are met:

1.

The property is planned for the legal number of horses permitted;

2.

The facilities are designed to provide adequate care, including shelter and exercise;

3.

The facilities incorporate the required areas for safety and service equipment accessibility; and,

4.

The property complies with Section 115.12.

(b)

Change of use. If any of the findings in (a)(1—4) can no longer be made, the paved area and surface coverage permitted by this exception shall be removed.

(Ord. 2017-589, effective 8-24-17; Am. Ord. 2018-596, § 2(Exh. A, § II), effective 10-26-18; Am. Ord. 2020-615, § 2(Exh. A), effective 11-26-20)

(1)

Table K sets forth the building coverage limit which only applies to the Community Commercial Zoning District. Such basic regulations are further defined and supplemented by the additional requirements and exceptions set forth in this section.

(1)

The percentage of the site area covered by structures shall be measured by dividing the total number of square feet of horizontal grounds area covered by structures, open or enclosed, by the total horizontal area of the site. The area of uncovered and unenclosed off-road parking spaces, walks, patios, in-ground swimming pools or pools which do not project more than three feet above the ground, uncovered decks or garage aprons three feet or less above the ground, and eaves projecting three feet or less shall not be counted, and only one-half of the area of uncovered and unenclosed decks 15 feet or less above the ground shall be counted. Any portion of a lot that has been acquired by the Town for use in a Parking Assessment District shall be added back to the total square footage of that lot for purposes of computing allowable building coverage on the lot.

(2)

The area of all accessory buildings shall be considered in calculating building coverage.

(1)

The Planning Commission may however, allow greater lot coverage, without limitation, for such lots in the Town Center Parking Assessment District, upon approval of a conditional use permit after finding that the proposed development would be consistent with the policies regarding use, intensity, design, and circulation in the Woodside General Plan, with the Town Center Site Plan, dated March 8, 1989, and with the October 5, 1989 engineer's report for the Woodside Road - Whiskey Hill Road Parking Assessment District (the engineer's report). The Commission shall condition the use permit requiring participation in the District to the full extent outlined in the engineer's report prior to the use permit becoming effective.

(Ord. 2017-589, effective 8-24-17)

All accessory dwelling units whether internal, attached to, or detached from the main dwelling unit, shall conform to the following requirements:

(1)

Building and fire safety, and septic. Conformance with all applicable building, housing, zoning, and site development laws, codes, and regulations shall be required, as applicable to accessory dwelling units. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection. The construction of an accessory dwelling unit shall not require installation of fire sprinklers in an existing primary residence structure, subject to state regulations. Subject to the requirements of article III, chapter 51, title V of this Code, an accessory dwelling unit may be served by a dedicated private wastewater disposal system or a private wastewater disposal system that is shared with the primary residence and/or other accessory dwelling unit(s) located on the same parcel.

(2)

Parking and driveway access. Off-road parking spaces shall be provided in accordance with the requirements of Sections 153.221 through 153.225, as applicable to accessory dwelling units; and specifically as follows:

(a)

Parking requirements. Parking requirements for accessory dwelling units shall be one parking space per accessory dwelling unit that has one or more bedrooms. No parking spaces shall be required for units that do not have a separate bedroom, such as a studio accessory dwelling unit. Off-street parking shall be permitted in setback areas in locations determined by the Town, or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographic or fire and life safety conditions.

(b)

Parking waiver. Parking requirements for accessory dwelling units are not required in the following instances:

1.

The accessory dwelling unit is located within one-half mile walking distance of public transit, including transit stations and bus stops;

2.

The accessory dwelling unit is located within an architecturally and historically significant historic district;

3.

The accessory dwelling unit is part of the existing primary residence or an existing accessory structure;

4.

The accessory dwelling unit is located in an area where parking permits are required, but are not offered to the occupant of the accessory dwelling unit; or

5.

The accessory dwelling unit is located within one block of a car share vehicle.

6.

The accessory dwelling unit is included in an application to create a new single-family or multifamily dwelling on the same lot and the proposed accessory dwelling unit meets one or more of the criteria for a parking waiver listed above.

(c)

Driveway access. The principal access driveway shall be used as the primary access for any proposed accessory dwelling unit, unless, pursuant to Municipal Code Section 151.44, a second driveway exception is approved.

(3)

Application review. All plans for accessory dwelling units shall be subject to ministerial review and approval or denial by the Planning Director within 60 days of receiving a complete application. However, if an accessory dwelling unit is proposed in conjunction with the construction of a new main dwelling, the Planning Director need not act on the accessory dwelling unit prior to the issuance of the permit for the main dwelling.

(4)

General accessory dwelling unit regulations. All requirements related to accessory buildings contained in the Municipal Code, including, but not limited to: height, setbacks, floor area, lot coverage, natural state, environmentally sensitive areas, second driveways, grading, and landscaping shall apply. The following ministerial exceptions shall apply to accessory dwelling units:

(a)

Exceptions to setbacks.

1.

Detached accessory dwelling units. New detached accessory dwelling units may have a side and/or rear setback of no less than four feet from the side and rear property lines.

2.

Attached accessory dwelling units. New accessory dwelling units attached to the main residence may have a side and rear setback of four feet from the side and rear property lines, but no portion of the main residence may be located within the required setbacks outlined in Municipal Code Section 153.207(A)(Table H). Portions of attached accessory dwelling units located within the required setbacks outlined in Section 153.207(A)(Table H) shall have an 11-foot maximum plate height and a 17-foot maximum building height, except as permitted by Sections 153.211(A)(4)(b) and 153.211(A)(10) and (11).

3.

Multiple accessory dwelling units. Properties with multiple accessory dwelling units, attached or detached, may only have one unit with a side and/or rear setback of four feet. Additional new accessory dwelling units that are not created by the conversion of spaces within existing structures shall comply with the required setbacks outlined in Municipal Code Section 153.207(A)(Table H).

4.

Size limitation. Notwithstanding Section 153.211(A)(6) and (7) below, an accessory dwelling unit that does not comply with basic setback requirements outlined in Section 153.207(A) shall be limited to 800 square feet of floor area within the required basic setbacks.

(b)

Exceptions to height and plate height regulations.

1.

Detached accessory dwelling units. New detached accessory dwelling units may be up to 18 feet in height if the existing or proposed primary structure is a multistory multifamily dwelling. New detached accessory dwelling units may also be up to 18 feet in height, or up to 20 feet in height to match the roof pitch of the primary residence structure, if located within one-half-mile walking distance of a major transit stop or high-quality transit corridor, as defined in Section 21155 of the Public Resources Code.

2.

Plate height and building height for detached accessory dwelling units on downward sloped lots. New detached accessory dwelling units located on lots with a downward slope from an adjacent public or private road right-of-way may have plate heights that exceed 11 feet, and the overall height on the downslope side of the building that does not exceed 28 feet if all the following standards are satisfied:

(i)

Average slope of the existing grade below the footprint of the proposed accessory dwelling unit is 15 percent or greater;

(ii)

Plate height(s) on the upslope side of the accessory dwelling unit do not exceed 11 feet, and the overall height on the upslope side does not exceed 17 feet;

(iii)

The accessory dwelling unit complies with the basic setbacks listed in Section 153.207(A)(1)(Table H); and

(iv)

The footprint of the accessory dwelling unit does not exceed 1,500 square feet.

(v)

Notwithstanding Section 153.206(B)(4), accessory dwelling units subject to this plate height and building height exception that include only one-story of habitable space shall only apply the footprint area toward the maximum total floor area permitted for the lot.

3.

Plate heights for detached accessory dwelling units with shed roofs. A detached accessory dwelling unit with a single shed roof and no other roof type, may include plate heights up to 14 feet on the taller side of the building, while maintaining plate heights of no more than 11 feet on the shorter side of the building if the building complies with the required basic setbacks listed in Section 153.207(A)(1)(Table H).

4.

Height and plate heights for new detached accessory dwelling units 800 square feet or less. One detached accessory dwelling unit per lot that is 800 square feet or less and complies with Government Code Section 66323 is not subject to plate height requirements if the building height is 16 feet or less.

5.

New detached accessory dwelling units above garages. New accessory dwelling units located above detached garages may have plate heights up to 12 feet and building heights up to 18 feet pursuant to Section 153.208(A)(1)(Table I-1 and I-2). Notwithstanding the foregoing, an accessory dwelling unit above a detached garage with a plate height up to 18 feet and a building height up to 24 feet shall be allowed when all of the following standards are satisfied:

i.

The lot is 100 percent or more of the minimum lot size required for subdivision in the applicable zoning district; and

ii.

Any portion of the structure having a plate height exceeding 12 feet or a building height exceeding 18 feet shall be set back from the base setbacks listed below an additional two feet from the property line for each foot of plate height or building height increase.

6.

Attached accessory dwelling units. An attached accessory dwelling unit may be up to the height allowed for a two-story primary residence structure in the Zone District if the structure meets the basic setbacks.

(c)

Exceptions to WMC Regulations. If it is not feasible to comply with all regulations of the Municipal Code to construct one 800 square foot accessory dwelling unit 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 800 square foot accessory dwelling unit while complying with all applicable regulations for review by the Town. Once the complete feasibility study is reviewed by the Town, the Planning Director shall determine which Municipal Code regulations may be reduced and/or waived by evaluating feasible locations for the accessory dwelling unit that create the fewest impacts to environmentally sensitive areas such as stream corridors, wetlands, and steep slopes.

(d)

Exceptions for any Accessory Dwelling Units within slopes in excess of 35 percent. Notwithstanding the standard provisions of this Code related to slope and natural state,accessory dwelling units or a septic system in compliance with San Mateo County standards, and/or utilities serving one or more accessory dwelling units may be located within areas of a parcel having a ground slope greater than 35 percent but less than 50 percent when it is infeasible to locate the accessory dwelling unit or septic system of the same size, or the utilities serving one or more accessory dwelling units, on an area of the parcel having a slope 35 percent or less. In such instances, the accessory dwelling unit may not include an attached garage, new portions of a main residence or other use not associated with the accessory dwelling unit. This exception includes grading necessary to construct the accessory dwelling unit and driveways, if required by the Fire District, to the minimum Fire District driveway standard. This exception includes minimum walkways, building egress patios, and retaining walls necessary to serve the accessory dwelling unit. This exception shall not apply to any grading, installation of utilities, paving, or additions for existing or proposed main residences, and shall only apply to development necessary for detached or attached accessory dwelling units.

(e)

Exceptions for dormers. An accessory dwelling unit above a detached garage that complies with the basic setbacks in 153.207(A)(Table H), may include dormer(s) up to 65 percent of the horizontal length of each side of the roof to provide for increased interior head height.

(f)

Noticing requirements for exceptions.Accessory dwelling units which utilize any of the ministerial exceptions in Section 153.211(A)(4)(a) or Section 153.211(A)(4)(c) shall be noticed to any property owner of property adjacent to the proposed accessory dwelling unit, including lots located across an abutting public or private road. The notice shall be sent within five business days of receipt of a complete application and shall clearly state that an accessory dwelling unit application is ministerial and therefore there are no appeal rights.

(5)

Number of accessory dwelling units allowed. The maximum number of accessory dwelling units, including accessory dwelling units in barns and junior accessory dwelling units, permitted on a parcel are determined by parcel size and zoning pursuant to Table L-1.

(6)

Attached accessory dwelling units. The floor area of an attached accessory dwelling unit shall not exceed 50 percent of the size of the main residence, including the accessory dwelling unit, or 1,500 square feet, whichever is less.

(7)

Detached accessory dwelling units. The floor area of a detached accessory dwelling unit, including the floor area of any attached garage, shall not exceed 1,500 square feet.

(8)

Basement accessory dwelling units. Basement area used for an accessory dwelling unit, or a portion thereof, shall be limited to the unit sizes prescribed in divisions (A)(6) and (A)(7) of this section.

(9)

Rental accessory dwelling units.Accessory dwelling units which are rented shall not be rented for less than 30 consecutive days.

(10)

Existing detached garages and other existing accessory structures converted to accessory dwelling units. No new setback shall be required for an existing detached garage or other existing accessory structure that is converted to an accessory dwelling unit and a setback of no more than four feet or the setback of the existing detached garage, whichever is greater, from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above an existing detached garage, as long as access and egress requirements, as prescribed by the Building Code and Municipal Code height requirements, are met.

(11)

Existing attached garages converted to accessory dwelling units. No new setback shall be required for an existing attached garage, storage area, or similar attached and enclosed area, that is converted to an accessory dwelling unit and a setback of no more than four feet or the setback of the existing attached garage, whichever is greater, from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above an existing attached garage, as long as access and egress requirements, as prescribed by the Building Code and Municipal Code height requirements, are met.

(12)

Processing requirements.

(a)

Accessory dwelling units within an existing structure. An accessory dwelling unit within an existing structure (including the primary residence structure, attached or detached garage, or other accessory structure) shall be permitted ministerially with a building permit, and a demolition permit, if applicable, within 60 days of the submittal of a complete application, in compliance with other standards within the chapter, if complying with the following codes and requirements:

1.

Building and safety codes;

2.

Independent exterior access from the existing residence;

3.

Sufficient side and rear setbacks for fire safety, as set forth in the Building Code; and,

4.

A minimum four-foot setback for a second-story accessory dwelling unit above an existing nonconforming garage.

5.

Construction of a new access stair located a minimum of five feet from the side or rear property line, or the existing setback of the building, whichever is greater, to access a new accessory dwelling unit built above an existing, legal nonconforming garage is allowed. An existing garage located at the required setback shall be allowed an access stair which may encroach a maximum of five feet into the required setback.

(b)

Denial. In order to deny an accessory dwelling unit, the Planning Director shall find that the accessory dwelling unit would be detrimental to the public health and safety and shall transmit in writing to the applicant a full set of comments explaining the reasons for the denial within 60 days of the submittal of a complete application.

(c)

Nonconforming conditions. The Town shall not deny an application to create an accessory dwelling unit due to the existence of, or failure of the property owner to correct, nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and would not be affected by the construction of the accessory dwelling unit. The Planning Director shall not condition the approval of a permit to create an accessory dwelling unit on the correction of existing nonconforming zoning conditions.

(1)

Existing barns and stables converted to accessory dwelling units. One or more of the accessory dwelling units allowed pursuant to Section 153.211(A)(5) may be constructed from the conversion of one existing barn or stable per lot, that exceeds 1,500 square feet, 11-foot plate height, and/or 17-foot building height provided that the following standards are satisfied:

(a)

The building location shall not be altered, and the footprint, plate heights, building heights, and overhangs/eaves shall not be expanded.

(b)

All existing exterior materials of the structure shall be maintained/replaced in kind or updated with materials that replicate existing materials using fire resistant products, such as Cementous siding. Any exterior building material changes shall be limited to vertical, horizontal, shingle, or board/batten Cementous siding; and brown, black, or gray roofing, using composition shingles, standing seam metal, or natural slate tiles.

(c)

Newly converted accessory dwelling units shall not be converted into any other use in the future, other than to barn(s) or stable(s).

(d)

Buildings that have plate heights exceeding 11 feet will be subject to the floor area multiplier calculation method required in Section 153.206(B)(4) as it applies to the maximum total floor area permitted for future development. Exceeding total floor area shall not be a ground for denial of the conversion from barn or stable to accessory dwelling unit(s).

(e)

A covenant is recorded on the lot restricting additional conversions of barns that exceed 1,500 square feet, 11-foot plate heights, and/or 17-foot building height.

(2)

Accessory dwelling units within barns. An accessory dwelling unit may be located within a barn provided that the following standards are satisfied:

(a)

The floor area of an accessory dwelling unit within a barn shall be no greater than 50 percent of the footprint area of the barn, but in no instance will such an accessory dwelling unit be limited to less than 850 square feet or 1,000 square feet for accessory dwelling units that include more than one bedroom.

(b)

The accessory dwelling unit and the barn shall contain an automatic fire sprinkler system and shall be separated with firewall separation, in accordance with the Town's Building Code.

(c)

An accessory dwelling unit in a barn may be located on the first floor, second floor, or basement in compliance with all health and safety regulations.

A junior accessory dwelling unit is a unit that is no more than 500 square feet in size, is contained entirely within an existing or proposed main dwelling structure, includes an efficiency kitchen, has a separate exterior entry from the main dwelling, and maintains an interior connection to the main living area of the main dwelling. Junior accessory dwelling units shall conform to the following requirements:

(1)

Only one junior accessory dwelling unit is allowed per lot.

(2)

Owner-occupancy is required in any residence that contains a junior accessory dwelling unit. The owner may reside in either the remaining portion of the structure or in the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

(3)

A junior accessory dwelling unit shall be constructed within the existing walls of the structure, including attached garages, attached storage areas, and other similar attached and enclosed areas.

(4)

A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

(5)

A junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. A junior accessory dwelling unit may include a second interior doorway for sound attenuation.

(6)

A junior accessory dwelling unit shall have an efficiency kitchen, which shall include all of the following:

(a)

A cooking facility with appliances; and,

(b)

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(7)

A junior accessory dwelling unit does not require additional parking.

(8)

This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine whether the junior accessory dwelling unit is in compliance with applicable building standards.

(9)

An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The Planning Director shall approve or deny any application and the Town shall issue a building permit within 60 days of submission of a complete application for a permit pursuant to this section. The Town may charge a fee as reimbursement for costs incurred in connection with the issuance of a permit pursuant to this section.

(10)

For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit the Town from adopting ordinances or regulations relating to fire and life protection requirements within single-family residences and uniformly applying those ordinances and regulations to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not.

(11)

For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

(12)

This section shall not be construed to prohibit the Town from adopting ordinances or regulations related to parking or a service fee or a connection fee for water, sewer, or power, that applies to single-family residences and uniformly applying those ordinances and regulations to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.

Pursuant to California Government Code Section 65852.27, or future subsequent Government Codes, the Planning Director or their designee shall maintain an application and process for the preapproval of detached accessory dwelling unit plans for accessory dwelling unit vendors. Access to preapproved plans shall be provided to the public and subject to streamlined review as required by the Government Code.

(Ord. 2017-589, effective 8-24-17; Am. Ord. 2018-593, effective 4-26-18; Am. Ord. 2018-597, § 2(Exh. A), effective 10-26-18; Am. Ord. 2020-610, § 6, effective 8-13-20; Am. Ord. 2021-616, § 2(Exh. A, § III), effective 3-11-21; Ord. No. 2024-634, § 2(Exh. A), effective 3-14-24; 2025-643, § 3 (Exh. A), effective 2-13-25; Ord. No. 2025-647, § 2 (Exh. A), effective 5-8-25)

(1)

No fence or wall shall be erected without the prior issuance of a permit from the Town.

(1975 Code, § 9-2.207)

(2)

A building permit and/or a fence permit shall be required for all fences, walls, gates, pylons, and berms.

The following regulations and design guidelines were created to preserve the beauty and rural quality of the Town and ensure the safety of all residents. Open fencing and gates are strongly encouraged to maintain the rural atmosphere of the Town. In all residential and open space zones the following regulations and design standards shall apply to all fences, walls, gates, pylons, and berms.

(1)

Fences, walls, gates, pylons, and berms which meet all of the provisions of divisions (4) through (12) below, may be approved by the Planning Director.

(2)

Exceptions to the standards set forth in this section may be granted by the Architectural and Site Review Administrator upon a finding that such fence, wall, gate, pylon, or berm would be consistent with the rural character of Woodside and with the existing fencing of the subject lot and neighboring properties. No exception may be granted, however, which allows a fence, wall, or berm to exceed six feet in height.

(3)

The design of all fences, walls, gates, pylons, and berms shall be rural in character and shall emphasize the use of natural materials and colors. Open fencing is highly preferred. Open gates are required. Unpainted or stained white, brown or gray wood; welded or woven wire and wood posts; natural stone and/or brick construction are preferred. Chain link fencing, except for athletic sport fencing, is not permitted within 50 feet of the right-of-way of an adjacent roadway, unless an exception is granted pursuant to division (2) above by the Architectural and Site Review Administrator.

(4)

(a)

All fences, walls, gates, and pylons shall meet the standards in the following chart. The maximum overall height limit for fencing and gates is six feet, except athletic court fencing, which may be 12 feet in height. Fences, walls, gates, and pylons may not be located in the public or private right-of-way or within any trail easement or other easement precluding their construction.

*See editor's note to Table L-1 in Section 153.211(A).

(b)

Berms. Berms shall vary in height and width to create a natural appearance, consistent with surrounding natural contours, and must be planted with native drought tolerant plants. The top of the berm shall slope gradually to approximate natural slopes and to accommodate planting of vegetation. The slope of the berm must not exceed two feet horizontal to one foot vertical and fills in excess of three feet require certification of design by a civil engineer.

(5)

Notwithstanding the standard set forth above, all fences, walls, gates, pylons or berms shall be located to accommodate existing equestrian trail usage such that a minimum of 15 feet of usable trail width remains, unless the Trails Committee concurs that a lesser width is adequate for safe equestrian movement.

(6)

The vertical dimension of any fence or wall shall be measured from the average elevation of the finished grade on both sides of any such fence or wall. The maximum height at any point on a stepped fence shall not exceed the limitations contained in this section.

(7)

Landscape screening required as a condition of approval for any fence or wall shall be maintained by the property owner in good condition.

(8)

Corral and pasture fences shall not be less than four feet in height, unless other requirements are prescribed by Chapter 115 of this Code, relating to stables, or any other Town law applicable to the keeping of livestock, in which case such other height requirements shall prevail.

(9)

No fence, wall, gate, pylon or berm shall be permitted where, in the opinion of the Town Engineer, the additional height would obstruct the sight distance or create a potential public safety hazard. Additionally, the Town Engineer may require that fences, walls, gates, pylons, or berms erected or planted prior to the effective date of this chapter be reduced in height or removed where the Town Engineer determines that a public safety hazard exists.

(10)

No fence, wall, gate, pylon, or berm shall be constructed within a stream corridor, as defined in Section 153.442, unless the Town Engineer finds that such fencing will not impede drainage flow and the Planning Director finds that adequate provision is made for the passage of wildlife.

(11)

(a)

Fences, gates, pylons, and berms shall not be constructed within any public right-of-way. Retaining walls may be constructed in a public right-of-way only if each of the following three conditions are met:

1.

The wall is necessary for the construction and maintenance of the road, trails, paths, drainage, or public utilities, or the entire wall will be located below the driving surface of the adjacent road, or the wall is necessary for slope stability or to access a property; and

2.

The Town Engineer finds that the wall will not negatively impact the safety and functionality of the right-of-way, recognizing that the purpose of the public right-of-way is for both travel and for utilities; and

3.

Prior to issuance of a permit for the requested improvement, an encroachment agreement shall be recorded. The agreement shall contain language requiring the property owner benefiting from the improvement to indemnify and defend the Town from any claim that may arise in connection with the encroachment. The agreement shall also include language that authorizes the Town to require removal of the improvement at the benefiting property owner's sole cost and expense.

(b)

Fences, walls and berms shall not be constructed within any private road right-of-way. Gates, pylons, and appurtenances, that run from such gates and pylons to the edge of private right-of-way, may be constructed in a Private right-of-way provided a use permit is granted by the Planning Commission according to Sections 153.921 through 153.930, and provided the following findings are made (in addition to the findings required by Section 153.927):

1.

The private road right-of-way is not a through road;

2.

The private road right-of-way does not serve more than ten residential lots;

3.

An adequate turnaround will be provided;

4.

The gate and/or gate appurtenances will not constitute a traffic safety hazard;

5.

The private road right-of-way is privately owned by property owners adjacent to it;

6.

All property owners who have the right to use the private road right-of-way have given their written consent to the use permit application;

7.

Access will be provided for emergency vehicles;

8.

The proposed gate and its appurtenances conform to applicable Town codes;

9.

Maintenance of the gate and its appurtenances is provided for in a road maintenance agreement executed and recorded by all property owners who have joined in the use permit application; and

10.

The gate apparatus will be operable from vehicles by handicapped persons.

(12)

Notwithstanding other provisions of this chapter, replacement of existing fences or walls shall be permitted if the replacement is of a like material, no greater in height, and no closer to adjacent property lines than the existing fence or wall, or if replaced by an open fence meeting all of the provisions of this section, except that replacement with chain link fencing is subject to all provisions of this section. Repair of short sections (less than 100 feet, not to exceed 50 percent of that segment of fencing over a 12-month period) of existing fences and walls does not require a permit. Replacement of existing gates, pylons, and berms shall require a fence and/or building permit and are subject to all review provisions of this section, as are fences and walls which are replaced other than as specified above. Replacement of any of the above, however, shall be prohibited if the Town Engineer determines that a public safety hazard exists.

(1975 Code, § 9-2.208)

In the CC District fences and walls exceeding six feet in height shall be regarded as structures and shall not be erected without first obtaining the approval of the Planning Director and the issuance of a building permit from the Town.

(1975 Code, § 9-2.209) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1986-334, effective 5-8-86; Am. Ord. 1989-391, effective 9-14-89; Am. Ord. 1992-454, effective 3-13-92; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2006-530, effective 6-8-06; Am. Ord. 2012-554, effective 8-23-12; Am. Ord. 2015-569, effective 1-7-16; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2019-602, § 2(Exh. A), effective 12-12-19)

All outdoor lighting shall conform to the following regulations:

(A)

All outdoor lighting fixtures shall be shielded or hooded and shall not shine or glare on adjacent public or private roads or properties.

(B)

All outdoor lighting fixtures shall be the sharp cut-off type in order to minimize potential glare.

(C)

No outdoor lighting lamps which produce impacts such as those produced by high pressure sodium or mercury vapor shall be permitted.

(D)

Lighting patterns or illuminated areas shall be entirely contained within the boundaries of the property on which the outdoor lighting is located.

(E)

Outdoor lighting for commercial and institutional building and parking areas; commercial, institutional, or residential athletic or sport courts; and recreational facilities, including equestrian facilities, shall also conform to the following additional regulations:

(1)

The maximum height of any outdoor fixture for outdoor, accessory recreation facilities and commercial and institutional parking areas shall be 14 feet.

(2)

All such outdoor lighting shall be subject to review according to Section 153.912. The final review body may impose reasonable conditions on such approval, such as the installation of plant materials or the construction of screen walls or fences as may be necessary to mitigate the impact of such lighting on adjacent roads, properties, and significant vistas.

(3)

As a condition precedent to recommending the approval of an outdoor lighting plan, the final review body shall make the following findings:

(a)

That the outdoor lighting will not result in a hazard or public nuisance by directly shining or glaring on adjacent public or private roads or properties;

(b)

That the resulting illuminated areas serve only minimum requirements for the intended use;

(c)

That the resulting illuminated areas have minimal impact on views from neighboring properties and from distant vistas; and

(d)

That the outdoor lighting is in conformity with all other provisions of this section.

(Ord. 2017-589, effective 8-24-17)

The purpose of this subchapter is to reduce road congestion and traffic hazards and promote general convenience for the Town residents by:

(A)

Ensuring that off-road parking and loading facilities are provided incidental to new land uses and enlargements or alterations of existing land uses in proportion to the need for such facilities created by new or modified uses; and

(B)

Ensuring that off-road parking and loading facilities are designed and constructed in a manner which will ensure maximum efficiency, protect the public safety, and minimize the impact on surrounding land uses.