Portola Valley considers amending zoning ordinance to allow “public buildings” in R-1 residential zone

On March 17, 2021, the Planning Commission heard an application by the Woodside Fire Protection District to renovate, upgrade and expand its existing fire station on Portola Road. The station is located in an R-1 zoning district and has been for nearly 50 years. Because the fire station’s long-standing use does not literally fall within the permitted uses in the R-1 zoning district, the Planning Department proposed amending the Municipal Code to add “public buildings” as a permitted conditional use in the R-1 residential zone. 

After preliminary review, three commissioners favored accepting the broadly worded change. One commissioner questioned the necessity for an amendment that broadly encompasses any “public building” as opposed to a narrower exception for fire stations. The staff was asked to assess the scope of alternative proposed exceptions and provide clarification to the Commission. The Planning Commission will consider the scope and need for the proposed amendment in a future session, and the Town Council will decide whether to accept the proposed amendment after hearing the Planning Commission’s recommendation.

What is PVNU’s position on the Fire District’s application and the proposed zoning code change?

  1. PVNU supports the Fire District’s application for a permit to renovate, upgrade and expand the District’s existing 24-hour facility on Portola Road.

  2. In order to resolve the nonconforming use, PVNU recommends rezoning the District’s property to Administrative-Professional (A-P).  A-P is an existing zoning category within Portola Valley whose principal use includes “Publicly-owned parks, public schools, or other public buildings when located in conformance with the general plan.” As noted in the 3/17/2021 Town Memorandum, the fire station is in conformance with the general plan. Furthermore, the fire station is directly across the street from an A-P Zone, so that rezoning the District’s property to A-P would be consistent with its immediate neighborhood.

  3. PVNU opposes an amendment that would allow “public buildings” generally in R-1 residential zones.
    The proposed definition of “public building" is indeterminate in scope, resulting in a change that would be far more expansive than the limited exception required to allow the fire station’s long-standing pre-existing use. A conditional use exception for “public buildings” generally would allow a majority of the Planning Commission to approve the construction of any structure that arguably “serves the public good”. While examples of “public building” cited in the Planning Department’s proposed amendment include fire or police station, library, healthcare, community center or recreation facility, the examples are merely illustrative, not limiting, so that any building that could arguably “serve the public good,” such as parking lot, transportation facilities, maintenance facilities, rehabilitation facilities, administrative facilities, or public housing projects, would qualify as a public building.

  4. There are good reasons the Municipal Code presently excludes “public buildings” from uses permitted in the R-1 residential zone. The minimum permitted parcel size in the R-1 district is 7,500 square feet. Parcels of 7,500 sf or even 15,000 sf, with side setbacks of only 5 or 10 feet, are not suitable for “public buildings.” As one resident advised the Planning Commission during its 3/17/2021 meeting, “public buildings” such as police stations are inconsistent with the family residential uses for which the R-1 zone is principally intended. The Planning Department noted during the meeting that it was unable to ascertain why the Town had changed the Municipal Code in 1987 to exclude “public building” from the conditional uses permitted in the R-1 residential zone. The explanations we cite here are the likely reasons for the change.

What is the argument against rezoning to A-P?

PVNU does not know the answer to this. On 3/30/2021 we sent an email to the Building and Planning Department seeking this information but haven’t yet received a reply.

Background Information

What do “principal use” and “conditional use” mean?

Regular principal uses are identified for each zone and are permitted as a matter of right. Special authorization isn’t required. For example, principal uses of Zone R-1 are given in the Municipal Code 18.14.020 and include “Single-family dwellings, including residential care facilities for six or fewer persons, supportive housing for six or fewer persons, and transitional housing for six or fewer persons”. 

Conditional uses are also identified for each zone, but rather than being permitted as a matter of right, they require a conditional use permit, which provides the Town an opportunity to ensure that the proposed use conforms to specified requirements. For example, conditional uses of Zone R-1 are given in the Municipal Code 18.14.030 and include “Publicly-owned park, recreation or open space areas when located in conformance with the general plan.” The proposal before the Planning Commission on 3/17/2021 would add “public building” to the list of conditional uses for Zone R-1

What are “R-1” and “R-E” zones?

R-1 and R-E are residential zones with different defining features. Whereas the R-1 district is intended to promote a suitable environment for rural-urban family living on parcels adequate to accommodate single family dwellings with enhanced privacy and the visual amenities of existing open space, the R-E district is intended to promote the establishment of a rural environment suitable for family living with parcels adequate to accommodate single family dwellings and accessory equestrian facilities.

The smallest permissible R-1 lot size is generally 7,500 sq ft whereas the smallest R-E lot size is generally one acre. Due, likely, to the difference in allowable parcel sizes, public buildings are among the defined principal uses for the R-E zone, but not the R-1 zone. 

What are some of the different zones that are defined by Portola Valley’s Municipal Code?

  • R-E Residential Estate

  • R-1 Single-Family Residential

  • M-R Mountainous Residential

  • C-C Community Commercial

  • A-P Administrative-Professional

  • O-A Open Area

  • P-C Planned Community

  • D-R Design Review

  • H-R Historic Resources

  • F-P Floodplain

How can I find out what zone my property is in?

Check the Town zoning map as follows: Go to portolavalley.net; type “zoning map” into the search bar at the upper right; click on “Zoning Map” in the returned links; find your property on the map and note which zone it’s in. 

Where can I find Portola Valley’s zoning code?

library.municode.com/ca/portola_valley/codes/code_of_ordinances, or go to portolavalley.net; click on ‘Town Government’ at the upper right; click on ‘Municipal Code’ in the drop down menu. Once you open the Municipal Code, click on ‘TITLE 18 - ZONING’ in the column to the left.

Details about the proposed change

What are the implications of this change?

At present, a ‘public building’ cannot be constructed in an R-1 residential zone, even if the Planning Commission and the Town Council deem it to be appropriate. If the change is implemented, public buildings can be constructed in R-1 zones, if approved by a majority of the Planning Commission and deemed to be consistent with the General Plan.

What ‘public buildings’ would be allowed in R-1 residential neighborhoods by the zoning code change proposed at the 3/17/2021 Planning Commission meeting?

Examples cited in the proposed code change are fire or police station, library, healthcare, community center or recreation facility. This is illustrative, not a limiting definition. Any building or structure that “serves the public good” would qualify as a public building. Administrative offices, low-cost housing, parking lots, drug treatment facilities, stations for public transportation, and transport hubs for drone delivery would all satisfy the definition.

Why is the change proposed?

The Town’s General Plan and Nathhorst Triangle Plan both refer to and endorse WFPD Fire Station #8 in its present location. However, a discrepancy in the municipal code was created by a number of changes in the past, the most recent of which occurred more than 30 years ago. The result is that the zoning of the property occupied by the fire station is inconsistent with its current use. The fire station’s status is presently “legal nonconforming”, which limits routine updates or additions that would be considered typical for this type of land use.

The specific code changes that led to the present nonconforming status are as follows:

  • The property in question was originally zoned R-E/1-a. 

  • In 1967, the property was re-zoned from R-E to R-1/15M. At that time, the property’s R-1 zoning designation allowed public buildings.

  • The “or public building” portion of the R-1 zoning definition was removed from the Code in 1987. Thus, WFPD Fire Station #8 is in a residential zone (R-1) which does not allow public buildings.

Are there other ways to resolve this discrepancy?

Yes. The Town Council could change the zoning of the property to be consistent with its use, such as “A-P” (“Administrative-Professional”). Notably, the property directly across the street from the fire station is zoned A-P, so this change would be consistent with the immediate neighborhood. Alternatively, the Town Council could amend the zoning code more narrowly. Specifically, it could allow fire stations in R-1 zones, but prohibit other public buildings.

How many properties would this change affect?

There are approximately 330 properties in Portola Valley’s R-1 zones.

What formal changes to the Municipal Code were proposed at the 3/17/2021 meeting?

Add Public Buildings to the list of conditional uses in the R-1 District in Section 18.14.030. The proposed wording to be added was “E. Public building as defined by Section 18.040.395. Development standards including but not limited to floor area, impervious surface, height, and setbacks shall be established by the conditional use permit.”

“Public Facilities” would be added as a new definition: 

“18.04.395 – Public Facilities.
A building or facility that provides a public service to residents, such as a fire or police station, library, healthcare, community center or recreation facility.” 

Note that these examples are illustrative and not limiting. Any building or facility that provides a public service to residents can be deemed to be a Public Facility, such as administrative offices, low-cost housing, drug treatment facilities, stations for public transportation, and transport hubs for drone delivery.