Portola Valley Municipal Code Art. III Procedures

No person shall commence or perform any grading, tree removal or modification or vegetation removal in excess of the limits specified below without first obtaining a site development permit. A separate site development permit shall be required for each site on which grading is to be done, except that, if acceptable to the town engineer and authorized by all affected lot owners, site development involving two or more contiguous lots may be filed under one application. Whether or not a site development permit is required, all surfaces disturbed by excavation, filling, vegetation removal, or some combination shall be backfilled, recompacted and plated for erosion control as soon as possible after grading is completed. All such work shall be within the site development standards of this chapter. Failure to adhere to such standards shall be subject to the penalties of Section 15.12.410.

A. A site development permit shall be required in all cases where development comes under any one or more of the following provisions unless such work is exempted therefrom by subsection B of this section:

1. Excavation, fill or any combination thereof exceeds fifty cubic yards;

2. Fill will exceed three feet in vertical depth at its deepest point measured from the natural ground surface;

3. An excavation will exceed four feet in vertical depth at its deepest point;

4. An excavation, fill or combination thereof, will exceed an area of five thousand square feet;

5. Vegetation is to be removed from an area exceeding five thousand square feet on any vacant parcel of land or any parcel of land in excess of ten acres;

6. A significant tree is to be removed or would be affected by actions which would tend to injure, mutilate, destroy or kill the tree, including placing fill within the dripline or substantially reducing the tree in size.

7. Site development under an agreement with the town pursuant to requirements placed on the filing of a parcel map or final subdivision map.

8. Excavations for geologic investigations and drilling for geologic investigations, both to depths in excess of four feet.

9. Drilling for water wells.

10. Driveways in the public right-of-way that connect a parcel with the public road. (A site development permit is not needed if the driveway is approved as a part of site plan for a building permit.)

B. A site development permit shall not be required for the following unless a significant tree would be affected:

1. Excavations below finished grade for basements, footings of buildings, retaining walls, septic tanks, drainfields, swimming pools or other structures authorized by a valid building permit. This provision shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure;

2. Reserved;

3. Excavation or removal of vegetation in public utility easements by public utility companies for the purpose of installing underground utilities;

4. Removal of vegetation as part of the work authorized by an approved building permit;

5. Tilling of soil for agricultural or fire protection purposes;

6. Site development under an agreement with the town pursuant to requirements placed on the filing of a parcel map or final subdivision map.

(Ord. 1993-274 § 1 (part), 1993; Ord. 1984-201 § 1 (7300), 1984; Ord. 2001-338 §§ 9, 10, (part), 2001)

Each application for a site development permit shall be made by the owner of the property or the owner's authorized agent to the planning commission secretary on a form furnished for that purpose. Such application shall be accompanied by the following items unless the town engineer finds them unnecessary to ensure compliance with the provisions of this chapter. When grading, driveway construction or vegetation removal is proposed as a part of a building permit application, the building permit application and site development permit application may be combined, and one plot plan, in the number of copies required by the planning commission, may be submitted showing building plans and site development plans. In such instances, a registered civil engineer shall certify as to the accuracy of the existing and proposed contour lines. Where an application pertains only to significant tree(s), the application materials may be restricted to those set forth in Section 15.12.080(C):

A. Plot plan drawn or approved by a registered civil engineer in ten copies showing the following:

1. Location of existing and proposed buildings and structures on the applicant's property and location of any buildings or structures within one hundred feet of the applicant's property that are on lands of adjacent property owners, whose properties share a common boundary line or point of boundary line intersection with the applicant's property,

2. Location of all existing and proposed streets, roadways, driveways, easements and rights-of-way,

3. The present contours of the site in dashed lines and the proposed contours in solid lines. Contour intervals shall be not less than two feet where slopes are predominately five percent or less, and five feet where slopes are predominately steeper than five percent. Ninety percent of all contours shall be accurate within two feet and all contours shall be accurate within four feet. The source of topographical information shall be indicated,

4. The location of all drainage to, from and across the site, the location of intermittent and permanent springs and culverts and other drainage structures,

5. Location of all existing single trees that have a trunk diameter of six inches or more, and multiple trunk trees that have one trunk of four inches or more; the diameter of each such tree at an elevation measured fifty-four inches above mean natural grade; the common name of each such tree, and a dotted line representing the actual drip line of each such tree. All such trees planned for removal shall be clearly labeled "to be removed,"

6. Estimated quantities of grading work involved,

7. Location of proposed or existing septic tank system drainfields within the project parcel and within adjacent parcels which are downslope,

8. Trail easements and conservation easements as shown on a current title report or recorded subdivision map for the project property,

9. The name and telephone number of person authorized to permit inspection of property,

10. Location and design of all temporary construction features including access routes and storage areas,

11. The location of any historic resources as identified in the historic element of general plan;

B. Additional information in three copies:

1. Details of all proposed drainage structures, cribbing, terraces and surface protections, not including vegetative cover, required as a result of grading and required for the support of adjoining property,

2. Grading specifications,

3. Profiles and cross-Sections: Sufficient cross-sections shall be provided to clearly show proposed grading and development, and the relationship of buildings and structures to existing and proposed contours,

4. Drainage calculations,

5. Soil engineering report and, unless waived by the town geologist, an engineering geology report as provided for below. Where appropriate, final soil engineering and engineering geology reports shall be provided pursuant to the provisions of Section 15.12.140 (B).

a. Soil engineering report: The soil engineering report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the town engineer and town geologist shall be incorporated in the grading plans or specifications,

b. Engineering geology report: The engineering geology report shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the town geologist shall be incorporated in the grading plans or specifications,

6. Statement of the estimated starting and completion dates for the grading work proposed and any landscape work that may be required,

7. Landscape plans and specifications for the site and, if appropriate, information relating to landscaping of adjacent or surrounding areas affected by the proposed development. Such plans and specifications shall be prepared by a licensed landscape architect. However, the conservation committee and the architectural and site control commission may waive the requirement that the prepare be a licensed landscape architect if plans are for landscaping of one single-family parcel, not in conjunction with development of any other parcel, and are found acceptable with respect to the landscaping standards of this chapter. Landscape plans and specifications shall show:

a. Distribution of plant material: Location, quantity and key number of each species of plant in each group; outline of all lawn areas, areas to be seeded, sodded and sprigged; existing trees, if any, to be preserved, transplanted or removed; relationship of plantings including height at maturity to solar access both on the permit property and adjoining building sites,

b. List of plant material giving standard botanical plant names and key number for each variety for reference to plan, and in addition, the size, quality or other pertinent description common to the trade. The types of plant materials, including trees, shrubs and erosion control plantings, generally deemed acceptable by the town for planning of disturbed areas, are identified in the list of approved plantings available from the town. The conservation committee shall review all proposed plantings against this list and determine whether the plantings are appropriate in their proposed locations and for the intended purposes. The focus of the conservation committee's attention shall be on planting of disturbed surfaces to control erosion; return graded slopes to a more natural appearance, and screen graded slopes and retaining structures from views from adjacent properties,

c. A specification describing the methods for planting the areas to be landscaped with special emphasis on (i) soil preparation, fertilization, plant material and methods of planting, and (ii) initial maintenance of the plant material and slopes until a specified percentage of plant coverage is established uniformly on the cut and fill slopes,

d. A statement by the licensed landscape architect regarding (i) the length of time after planting, with the specified maintenance normally required to produce the specified percentage of plant coverage on the slopes in the slope control areas, and (ii) the additional length of time, without any special maintenance, normally required to produce a coverage of permanent planting which will control erosion,

e. Details of all items and features pertaining to site preservation and improvements such as retaining walls, and tree wells, and details not shown on other plans accompanying the application,

f. Such other and further details as may be specified and required by the town engineer or conservation committee to carry out the purposes of this chapter.

Unless waived by the conservation committee and architectural and site control commission, all such plans shall bear the name of a licensed landscape architect responsible therefor.

8. A copy of calculations and plans used to compute the total cubic yards of combined cut and fill required in Section 15.12.070,

9. A complete initial environmental study when required by the town's guidelines for implementing the California Environmental Quality Act, as amended,

10. Type of proposed irrigation, and if not a drip-type system, the actual location of and type of sprinkler heads proposed,

11. A plan showing the locations of stakes to be placed on the property which identify major boundaries and elevations of proposed graded areas. The stakes may be shown on the plot plan required by subsection A of this section in lieu of furnishing a separate map. The applicant shall place the stakes on the property so as to be visible for a period of at least ten days prior to consideration by the architectural and site control commission or, if the matter is before the planning commission, at least ten days prior to that meeting. In addition, the applicant shall label the stakes and identify in the field all trees to be removed (as described in subdivision 5 of subsection A of this section),

12. Such other information as shall be required by the town engineer.

C. When an application involves work affecting a significant tree, the application shall include: site location of tree(s), proximity to structures, health and general condition, and necessity for removal or other anticipated action.

(Ord. 1994-276 § 1 (part), 1994; Ord. 1993-274 § 1 (part), 1993; Ord. 1984-201 § 1 (7301), 1984)

Town officers administering this chapter may engage the services of soils engineers, foresters, landscape architects or other appropriate consultants as may be necessary to advise in the review of site development permit applications and may charge the cost of such services to the applicant in accordance with Section 15.12.370.

(Ord. 1984-201 § 1 (7302), 1984)

To further the specific purposes of this chapter as set forth in Section 15.12.030 the following procedures are established:

A. Grading Work Under One Hundred Cubic Yards. Where the aggregate volume of grading on any site or contiguous group of sites is in excess of fifty cubic yards but not over one hundred cubic yards, the planning coordinator shall process the application according to the appropriate alternate listed below:

1. When the application is attendant to a building permit, the application shall be referred to the town engineer, town geologist, town planner, and any other appropriate staff for review and report. The reports shall be submitted to the town planner for inclusion in a report to the ASCC along with the building permit application. After review of the reports, the ASCC may approve the permit with such reasonable conditions as it deems necessary to secure substantially the objectives of this chapter and direct that the permit be issued. The planning coordinator shall issue the permit in the form of a letter to the applicant.

2. When the application is not attendant to a building permit, the application shall be referred to the town engineer, town geologist, town planner, and any other appropriate staff for review and report. The planning coordinator shall compile the recommendations and submit them in a report to the town engineer. After review of the report, the town engineer may approve the permit with such reasonable conditions as he or she deems necessary to secure substantially the objectives of this chapter and direct that the permit be issued. The planning coordinator shall issue the permit in the form of a letter to the applicant. Alternatively, the town engineer may direct that the application be referred to the planning commission in the manner provided for in subsection C of this section. Any review costs resulting from such referral shall be paid for by the applicant.

B. Grading Work of At Least One Hundred Cubic Yards But Not Over One Thousand Cubic Yards, Or Where Cuts Or Fills Exceed Five Feet. Where the aggregate volume of grading on any site or contiguous group of sites amounts to at least one hundred cubic yards but is not over one thousand cubic yards, or where proposed cuts or fills exceed five feet at their maximum point, the application shall be referred to the town engineer, town geologist, town planner, and other appropriate members of the site development committee for review and report. The reports shall be submitted to the town planner for inclusion in a report to the ASCC. Notice of the ASCC meeting at which the application will be considered shall be given as required by Section 18.64.085 of this code. After review of the report, the ASCC may approve the permit with such reasonable conditions as it deems necessary to secure substantially the objectives of this chapter and direct that the permit be issued. The planning coordinator shall issue the permit in the form of a letter to the applicant.

C. Grading Work in Excess of One Thousand Cubic Yards or Removal of Vegetation or Both. Where the aggregate volume of grading on any site or contiguous group of sites is in excess of one thousand cubic yards, or where approval to remove vegetation is required by Section 15.12.070, the following procedures shall apply:

1. The application shall be referred to the site development committee for review. The designated members of the architectural and site control commission, the conservation committee and trails committee may in turn refer the application to their respective entire committees.

2. Following such review, site development committee members shall each provide written reports to the town planner who shall, based on these reports, prepare a final report with recommendations to be forwarded to the planning commission and the applicant. The report shall include or reference copies of all written reports submitted by site development committee members.

3. The planning commission shall hold a hearing on the application for the proposed site development permit, and, before holding such hearing, notices shall be sent to neighboring property owners as required by Section 18.70.040 of this code and to such other additional owners as, in the opinion of the town planner, may be substantially affected by such grading operation.

4. Upon completion of the required hearings and after consideration of the report and recommendations of the site development committee, the planning commission shall approve, approve with such reasonable conditions as it may deem necessary to secure substantially the objectives of this chapter, or disapprove the application for the site development permit. The planning coordinator shall issue the permit in the form of a letter to the applicant.

5. Failure of the planning commission to make a determination upon the approval, conditional approval or disapproval of the application for a site development permit within sixty days after receipt of all necessary information for such action will constitute an approval of the application unless such time is extended with the consent of the application.

D. Prohibition of Pregrading. No site development permit shall be issued for an intended building site unless:

1. Such permit is accompanied by or combined with a valid building permit issued by the town; provided, however, that the site development permit may be issued for those projects not requiring a building permit;

2. The proposed grading is coordinated with any overall grading plan previously approved by the town for the area in which the site is situated.

E. When an application pertains to a significant tree(s), the planning coordinator shall refer the application to a member of the conservation committee designated by the chairperson of the committee and may in addition refer the application to town staff. If the application pertains solely to a significant tree(s), the planning coordinator may issue the permit with appropriate conditions upon receipt of requested reports. If the application pertains to more than a significant tree(s), the planning coordinator shall submit recommendations to the approving authority for the permit.

(Ord. 2000-330 § 1, 2000; Ord. 1993-274 § 1 (part), 1993; Ord. 1984-201 § 1 (7303), 1984)

Any grading or tree removal permit required under this chapter shall be acted on by the planning and building director or public works director and shall be based upon the objective criteria contained in this chapter and the SB 9 objective standards checklist.

(Ord. 2021-443 §1, 2021)

Permits approved pursuant to Section 15.12.100 shall become effective sixteen days after approval unless the council elects to review the approval pursuant to Section 15.12.365, or unless the approval is appealed pursuant to Section 15.12.360.

(Ord. 1989-245 § 1 (Exh. A) (part), 1989)

If, after receiving the final report of the site development committee, the approving authority, as established under Section 15.12.100, finds the work as proposed by the applicant is contrary to the purposes of this chapter, the site development permit shall be denied. The applicant may appeal such denial as provided in Section 15.12.360. Factors to be considered in the denial shall include, but not be limited to, possible saturation of fill and unsupported cuts by water, both natural and domestic; runoff surfacewaters that produce erosion, and silting of drainageways: subsurface conditions such as the rock strata and faults; nature and type of soil or rock that when disturbed by the proposed grading may create earth movement and produce slopes that cannot be landscaped: and excessive and unnecessary scarring of the natural landscape through grading or removal of vegetation.

(Ord. 1984-201 § 1 (7304), 1984)

The failure of town officials to observe or recognize any hazardous or ugly condition, or to recommend denial of the site development permit, or of the planning commission to deny such permit, shall not relieve the permittee of responsibility for the condition or damages resulting from the condition, and shall not result in the town, its officers or agents, being responsible for such condition or damages.

(Ord. 1984-201 § 1 (7305), 1984)

Plans, specifications and reports for all site development shall be retained in original form or on microfilm by the town.

(Ord. 1984-201 § 1 (7306), 1984)

All grading inspections shall be made pursuant to the inspection requirements of Chapter 70 of the Uniform Building Code as currently adopted by the town, except that the town engineer and, where appropriate, the town geologist shall be responsible for inspection of grading operations requiring a site development permit. The town engineer or town geologist shall, when requested by the town clerk, other designated town staff members, or applicant, make the inspections required in this section and shall either approve that portion of the work completed or shall notify the permittee wherein such work fails to comply with this chapter. Where it is found by inspection that conditions are not substantially as stated or shown in the application for a site development permit, the town engineer or his designated representative may stop further work until approval is obtained for a revised grading plan conforming to the existing conditions.

A. Inspection by Town Engineer. Plans for grading work, bearing the stamp of approval of the town engineer, shall be maintained at the site during the progress of the grading. Until the final inspection is made, a letter issued by the town indicating permission to grade has been granted by the town and an approved set of plans shall be maintained on the premises. In order to obtain inspections in accordance with the following schedule, the permittee shall notify the town engineer and, when appropriate due to conditions of the site development permit, the town geologist at least two full working days before the inspection is to be made:

1. Initial inspection: Before commencement of grading operations, and after required construction stakes have been set;

2. Rough grading: When all rough grading has been completed;

3. Final inspection and approval: When all work, including installation of all drainage and other structures and required planting, has been completed. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices and all erosion-control measures and required planting have been completed in accordance with the final approved grading plan and the final report required under subsection B of this section.

B. Final Reports. Upon completion of the rough grading work and at the final completion of the work the town engineer or town geologist may require the following reports and drawings and supplements thereto:

1. An as-graded grading plan prepared by the civil engineer including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. He shall provide approval that the work was done in accordance with the final approved grading plan.

2. A soil grading report prepared by the soil engineer including locations and elevations of field density test, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soil engineering investigation report. He shall provide approval as to the adequacy of the site for the intended use.

3. A geologic grading report prepared by the engineering geologist giving a final description of the geology of the site including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. This report shall specifically list all inspections made by the engineering geologist during grading operations and the findings from such inspections. Further, the engineering geologist shall provide approval as to the adequacy of the site for the intended use as affected by geologic factors.

C. Inspection by Building Inspector. All structures required by this chapter and requiring building permits shall be inspected by the building inspector in accordance with procedure established by the Uniform Building Code; provided, however, that no building permit for such structures shall be issued until the town engineer has approved a site development permit for the building site and directed that the permit can be issued or has determined that a site development permit is not required by this chapter.

(Ord. 1984-201 § 1 (7307), 1984)