Portola Valley introduces ADU, JADU and emergency‑shelter code updates to comply with state housing law

The Portola Valley Town Council introduced zoning‑code amendments intended to update accessory dwelling unit (ADU) and junior ADU (JADU) regulations, emergency‑shelter requirements and a codified indemnification policy to reflect recent state law and guidance from California’s Department of Housing and Community Development (HCD).

Planning Director Sarah Kors and Senior Contract Planner Brandon DeLucas said staff packaged the changes to respond to HCD’s technical guidance and a 2023 noncompliance letter. Brandon explained the state’s approach to ADUs and conversions, noting that recent guidance can result in up to three accessory units being possible on a single site under certain conditions and that local discretion is now more limited: "The state law and intent is really to remove barriers, streamline approvals, and then increase housing capacity," he said. Staff recommended creating a self‑contained ADU chapter in the municipal code and carrying forward objective standards the town can still apply.

Key policy items on the table included maximum unit size, setbacks, parking and utility connections. Staff recommended a 1,200‑square‑foot maximum for detached and attached ADUs to create a predictable local standard and proposed no blanket parking requirement because state law and recent bills limit when local parking can be required. On setbacks, staff said HCD guidance limits a jurisdiction’s ability to impose side and rear setbacks greater than four feet in many case types; staff suggested the town can retain front‑setback requirements, and can treat scenic‑corridor setbacks as front setbacks where applicable.

On utilities and undergrounding, staff proposed that town rules require the applicant to follow the requirements of the relevant utility agency and added an explicit exception for ADUs authorized under state law (Gov. Code §66323) so the town does not require undergrounding where state law prevents it. After council deliberation, staff also agreed to edit the draft indemnification language to add a carve‑out so an applicant’s indemnity obligation would not apply "to the extent such claims arise out of the sole negligence or willful misconduct of the town, its agents, officers and employees," language drafted by the town attorney.

Council debate was extensive: members urged simplicity where HCD might strike down local rules, but also pressed for protections for scenic corridors, trails and public‑safety constraints. Several councilmembers emphasized that the draft ordinance is meant to get the town into compliance with state law while allowing the council and staff to develop fuller objective design standards and public handouts later.

The council voted to introduce the ordinance (first reading/introduce as amended by staff) and directed staff to return with the precise redline language and the limited clarifications requested by council. Staff said the second reading and final adoption would be scheduled after those edits and further public notice.

Why it matters: The code revisions respond to state law changes that have narrowed local discretion on ADUs; they affect how private property owners can add housing on single‑family lots and how the town applies objective design rules and permit processing.

What’s next: Staff will draft the exact ordinance language requested by council (exceptions for utility undergrounding tied to Gov. Code §66323; revised indemnity language; scenic‑corridor/front‑setback language; clarity on education/utility fees; lumen limits for entry lighting) and return for a required second reading. The council also asked staff to produce applicant handouts summarizing likely fees and steps in the permitting process.

Attributions: Article quotes and paraphrases are drawn from the town meeting transcript; technical citations refer to HCD guidance and Government Code sections referenced in the staff presentation.