Portola Valley Municipal Code Art. I General Provisions

The ordinance codified in this chapter is enacted pursuant to Section 7 of Article XI of the Constitution and the general laws of the state.

(Ord. 1988-230 § 1, 1988: Ord. 1984-201 § 1 (7100), 1984)

The provisions of this chapter apply to all site development within the town; however, a permit shall be required only for those types of development set forth in Section 15.12.070.

(Ord. 1984-201 § 1 (7101), 1984)

The ordinance codified in this chapter is adopted to promote public safety and the general public welfare, to protect property against loss from erosion, earth movement and flooding, to promote and enhance a superior community environment, to maintain the rural character, to maintain air quality and ecologic balance, to maintain property values, to preserve historical value, and to ensure the maximum preservation of the natural scenic character of major portions of the town by establishing minimum standards and requirements relating to land grading, excavations and fills, protection of trees, installation of driveways and procedures by which these standards and requirements may be enforced. It is intended that this chapter be administered with the foregoing purposes in mind and specifically so as to:

A. Ensure that the development of each site occurs in a manner harmonious with adjacent lands so as to minimize problems of drainage, erosion, earth movement and similar hazards as well as visually unpleasant relationships;

B. Ensure that public lands and places, watercourses, streets and all other lands in the town are not subject to erosion and the hazard of earth movement or faulty drainage;

C. Ensure that the planning, design and construction of any project will be done in a manner which provides both maximum safety and human enjoyment, while making it as unobtrusive in the natural terrain as possible;

D. Ensure, insofar as practical in permitting reasonable development of land and minimizing fire hazard, the maximum retention of natural vegetation to aid in protection against erosion, earth movement and other similar hazards and to aid in preservation of natural scenic qualities of the town;

E. Protect significant trees in order to retain as many trees as possible consistent with the purposes set forth herein and also consistent with reasonable economic enjoyment of private property;

F. Ensure that the planning, design and construction of any project is consistent with the general plan, any specific plans and Title 18 of this code.

(Ord. 1994-276 § 1 (part), 1994; Ord. 1993-274 § 1 (part), 1993; Ord. 1984-201 § 1 (7102), 1984)

This chapter shall be interpreted and applied as follows:

A. The provisions of this chapter shall be held to be minimum requirements, except where they are expressly stated to be maximum requirements. The chapter is not intended to impair or interfere with any private restrictions placed upon property by covenant or deed; provided, however, that where this chapter imposes higher standards or greater restrictions upon the development of land than are imposed or required by such private restrictions, the provisions of this chapter shall control.

B. Whenever any provision of this chapter and any other provision of law, whether set forth in this chapter or in any other law, ordinance or resolution of any kind, impose overlapping or contradictory regulations over the development of land, or contain any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern.

(Ord. 1984-201 § 1 (7103), 1984)

Whenever the town engineer determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, endangers other property, or adversely affects the safety, use or stability of a public way or drainage channel, he shall notify the owners of such property or other person or agent in control of the property. Upon receipt of notice in writing from the town engineer or his authorized representative, the owner or agent shall within the period specified in the notice repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter.

In case of emergency, when a tree is hazardous or dangerous to life or property, it may be trimmed or removed by order of a member of a utility company, a member of a police or fire department, or town staff, all acting in official capacity.

(Ord. 1993-274 § 1 (part), 1993; Ord. 1984-201 § 1 (7104), 1984)