Portola Valley continues review of proposed home at 145 Landre Way amid disputes over SB 330, tree removals and height limits

Portola Valley — The Architectural and Site Control Commission on March 9 continued review of a proposed new residence and site development permit for 145 Landre Way after protracted debate over state housing law applicability, heritage‑tree removals and disputed height measurements.

Planner Jamie Bourne told the commission the application is being reviewed under objective standards because of SB 330 and the Housing Accountability Act; she said the accessory dwelling unit portion is ministerial while the main residence and site development remain under review. The proposal includes demolition of the existing home, a new primary residence with attached garage and ADU, hardscape, new fencing and the proposed removal of two significant trees on the parcel.

Architect Andrew Goodwin defended the project’s height calculations, saying the elevations on the A4 section sheet show the “worst case scenario” and that the building measures under the 28‑foot objective height standard as measured from the referenced foundation and finished floor. “Our A4 sheet... shows the worst case scenario of the foundation where the grade hits the foundation to the top of the roof. And that measurement is under 28 ft,” Goodwin said.

Commissioner Carter and other members disagreed, pointing to civil contours and the survey that show lower existing grades at two downhill corners. Carter said the commission’s measurements indicated those corners would make the house roughly "31 and 33 feet tall," which would exceed the objective 28‑foot height limit. Commissioners asked the applicant to provide clarified drawings showing both existing and proposed grades and to re‑measure heights against the correct grade line.

The commission also pressed for documentation about trees that appear as stumps on current civil plans but were present on earlier topo surveys. Maryanne Plunder of the Conservation Committee and a member of the public raised concerns that site visits and neighbor engagement had been limited and that SB 330 was being used to avoid customary local review. Public commenter David Cardinal called the process “kind of a whole bad faith deal really” and asked the commission to slow the review.

Town Attorney Katherine advised that SB 330 (the Housing Crisis Act of 2019) and the Housing Accountability Act create a new definition of "objective standards" and limit local rules that would reduce housing capacity, but that application of those statutes to heritage‑tree protections and other town design guidelines raised complicated legal questions. The town attorney asked for time to prepare an opinion.

Commissioner Carter made a motion to continue the item so the applicant could provide clarified height and grade graphics, a history of any tree removals and permit records, and so the town attorney could issue an opinion on how SB 330 interacts with the Heritage Tree Ordinance. Commissioners amended the motion to continue the item to the April 13 ASC meeting; the amendment carried by voice vote.

Staff said the applicant should expect to submit new drawings showing existing and proposed grades and to provide records concerning past tree removals; staff and the town attorney will review the Heritage Tree Ordinance and return with a legal opinion before the April 13 hearing.