Portola Valley Municipal Code Ch. 10.60 Use of Vehicles Off Public Highways or Streets

Unless otherwise indicated, the definitions incorporated in the California Vehicle Code are to be utilized for purposes of this chapter.

(Ord. 1977-158 § 1 (3435.0), 1977)

No person shall operate a motor vehicle off a public highway or street except as set forth in Sections 10.60.030 and 10.60.040.

(Ord. 1977-158 § 1 (3435.1), 1977)

Operations not requiring a permit shall be as follows:

A. Operation of motor vehicles upon parking lots or parking areas or loading areas when such operation is solely for ingress to, or egress from, the parking lot or parking area;

B. Operation of motor vehicles upon private roadways or easements, when such operation is solely for ingress to, or egress from, a public highway or street, and such vehicle and operator thereof are allowed to be operated and operate same on a public highway or street;

C. Operation of motor vehicles for purposes of agriculture, construction, or maintenance and repair;

D. Operation of authorized emergency vehicles as defined in California Vehicle Code Section 165;

E. Operation of publicly-owned vehicles by employees or agents of a public agency while discharging specific responsibilities of their employment or agency.

(Ord. 1977-158 § 1 (3435.2), 1977)

Excepted operations by property owner requiring a permit shall be as follows:

A. Operation of a motor vehicle upon private roadways or public or private easements with prior written permission of all owners of the roadways and of the servient tenements by property owner or members of property owner's family where such operation is not within the provisions of Section 10.60.030;

B. Operation of a motor vehicle upon unpaved land, public or private, with prior written permission of all owners of the property by property owner or members of property owner's family, where such operation is not within the provisions of Section 10.60.030.

(Ord. 1977-158 § 1 (3435.3), 1977)

Any property owner desiring an exception shall file a verified application with the secretary of the planning commission. The application shall set forth the following information:

A. Property owner's name, assessor's parcel number, the residence and business addresses of the applicant, names of members of property owner's family who are authorized by the property owner to operate vehicle;

B. A description and contour map to scale of the area or areas in which a permit for motor vehicle use is desired, showing all roads, trails, paths, easements for the same, buildings, water courses, paved areas, and fences located either in the proposed area or within six hundred feet of the proposed area;

C. A description of the vehicle or vehicles to be operated, including type of vehicle, horsepower, weight, license number, identification number and registered owner;

D. The purposes for which such operation is desired;

E. The hours and days of the week for which the permit is requested;

F. Such further information as the planning coordinator or planning commission may request.

(Ord. 1977-158 § 1 (3435.4 (part)), 1977)

An application fee of twenty-five dollars shall be paid at the time of filing the application.

(Ord. 1977-158 § 1 (3435.4 (part)), 1977)

A. The planning coordinator shall review the application and after such investigation as he may deem appropriate, report his findings to the planning commission and to the applicant. The planning commission may issue a permit for exception provided that the commission make the following findings:

1. The permitted operation will not create significant dust, erosion, siltation to streams, danger of fire, and will not cause destruction of vegetation on the property or adjacent areas and the downstream riparian areas and downslope areas;

2. The permitted operation will not intrude upon equestrian or pedestrian trails or paths, or upon water courses or wildlife habitat;

3. The permitted operation will be sufficiently isolated so that, considering the type of vehicle, any resultant noise, dust, and fumes will not constitute a nuisance. The existence of buildings used for residential or business purposes within six hundred feet of the proposed area of operation shall result in a presumption that such a nuisance would exist, and the burden shall be upon the applicant to refute the presumption;

4. All owners of the private property or easement upon or over which the vehicle will be operated have consented in writing.

B. The planning commission may attach reasonable conditions to the permit as the commission deems necessary to allow the required findings to be made.

(Ord. 1977-158 § 1 (3435.5), 1977)

All permits issued shall contain the information set forth in Sections 10.60.090 through 10.60.130 and the permits shall be signed by the applicant agreeing to abide by said conditions.

(Ord. 1977-158 § 1 (3435.6 (part)), 1977)

The permit shall include the name, age, address, and physical description of the permittee; the description, license number, and identification number of the vehicle or vehicles covered; a description of the areas of operation permitted; the times during which operation is permitted; the purpose of the permitted operation; and any other information or limitations deemed suitable by the planning commission.

(Ord. 1977-158 § 1 (3435.6 (c)), 1977)

Each permit shall be valid for one year from the date of issuance and shall be limited to the hours commencing with eight a.m. and ending at sunset, and shall so state. Each permit shall include limitations so as to prohibit operation of vehicles in mud or during periods of rainfall when topsoil is most vulnerable to damage.

(Ord. 1977-158 § 1 (3435.6 (a)), 1977)

Property owners shall agree to restore, at any time, to its natural condition any areas damaged by use of motor vehicles in the exercise of the permit.

(Ord. 1977-158 § 1 (3435.6 (d)), 1977)

Any permit shall be subject to suspension by the planning coordinator if after investigation it is determined by the planning coordinator that the conditions of the permit have been violated. The planning coordinator shall report his action and findings to the planning commission which shall hear the matter at its next regular meeting or within thirty days whichever is less. Within thirty days after such hearing the planning commission shall either suspend, revoke or overrule the action of the planning coordinator.

(Ord. 1977-158 § 1 (3435.6 (e)), 1977)

The permit is not an expression of opinion that the permitted operation can be done with safety to the operator or to the other persons or property. All such risks are assumed by the permittee or property owner, and the permit shall so state.

(Ord. 1977-158 § 1 (3435.6 (b)), 1977)

Any person whose application for a permit is denied or revoked by the planning commission may appeal such decision to the council by filing a written notice of appeal within ten days after notification by the planning secretary that the permit has been denied. The council shall thereupon conduct a hearing on the appeal within fifty days from the date of filing the notice of appeal with the town clerk. The decision of the council shall be final and conclusive upon all persons concerned.

(Ord. 1977-158 § 1 (3435.8), 1977)

Operation of a motor vehicle shall conform to the terms of the permit at all times for which a permit is required. The permit shall be kept in the possession of the operator at all times while operating the vehicle and shall be presented to a peace officer or members of the town staff at the time the vehicle is in operation, upon request.

(Ord. 1977-158 § 1 (3435.7), 1977)

Violation of any provision of this chapter, including operation without a valid permit where one is required, or failure to present the permit when requested, shall be an infraction punishable either under a provision of the state penal code or by confiscation, impoundment and sale by public auction of the vehicle, or both.

(Ord. 1977-158 § 1 (3435.9), 1977)