Portola Valley planning commission recommends ADU code updates, splits indemnification into separate resolution

The Planning Commission of the Town of Portola Valley recommended approval of a package of zoning code amendments to update rules for accessory dwelling units (ADUs), junior accessory dwelling units (JADUs) and emergency shelters, and voted to move the town's indemnification provision into a separate resolution for further review.

The vote came at the close of a public hearing held at the schoolhouse and online, where staff and commissioners reviewed a draft that staff said was intended to conform the town's code to recent state law changes and HCD guidance. Brandon DeLucas, the town's contract planner, told the commission the amendments reorganize ADU requirements, clarify size and setback rules and insert state-derived fee language to avoid HCD noncompliance letters.

Commissioners focused discussion on three main implementation questions: how state-exempt ADUs and multifamily ADU conversions are defined, which site- and hazard-related items will be decided at the building-permit stage, and the breadth of the proposed indemnification clause. Several commissioners said the indemnification language'because it allocates legal risk broadly'should stand alone for clearer public record and administrative history. The panel voted to create a separate resolution to recommend chapter 18.82 ("Indemnification of Town; cost reimbursement") be forwarded to council independently.

Commissioner Nicholas expressed concern about technical consistency with state code on a small number of points (for example, whether certain time periods should use business days versus calendar days and detached ADU height allowances on multifamily lots). Staff and the town attorney said they will reconcile those technical items and that HCD review at the council stage could generate further clarifications.

The commission also approved the remainder of the zoning amendments with direction to staff to: correct identified typographical errors, add clarifying language about building‑permit review of geologic and fire‑life safety issues (so decisions remain site‑specific), and clarify the town's preference and exception process for undergrounding new utility service drops. The motion recommending approval of the ordinance, as edited, passed unanimously.

During public comment residents raised a separate but related concern: several homeowners said West Bay Sanitary District has sent retroactive sewer capacity bills tied to ADU permits dating back several years. Commissioners and staff declined to rule on individual utility billing disputes at the hearing but said the town manager is coordinating with affected residents and noted state agencies (including HCD and the State Water Resources Control Board) provide oversight channels for connection-fee questions.

Next steps: staff will incorporate the commission's clarifications, prepare the separate indemnification resolution for the commission's signature, and forward the recommended ADU/JADU amendments to the Town Council for action. The council will receive the package along with any additional clean-ups staff and counsel identify to ensure statutory consistency.