Portola Valley Municipal Code Art. V Fees, Deposits, Bonds, Appeals, Exceptions and Penalties

The planning commission may authorize exceptions to any of the requirements and regulations set forth in this chapter. Application for any exception shall be made by a verified petition of the applicant stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the site development permit application. In order for the land referred to in the petition to come within the provisions of this section, it is necessary that the planning commission find all of the following facts with respect thereto:

A. That the land is of such shape or size, or is affected by such physical conditions, or is subject to such title limitations of record that it is impossible or impractical for the petitioner to comply with all of the regulations of this chapter;

B. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.

(Ord. 1984-201 § 1 (7500), 1984)

Each proposed exception shall be referred to the officers or agencies involved and such officers or departments shall transmit to the planning commission their recommendations, which recommendations shall be reviewed prior to the granting of any exception.

(Ord. 1984-201 § 1 (7501), 1984)

The planning commission after public hearing thereon may, by resolution, approve the site development permit application with the exceptions and conditions it deems necessary or it may disapprove such site development permit application and exception application or take such other action as is appropriate.

(Ord. 1984-201 § 1 (7502), 1984)

A. Authority and Temporary Suspension. In the event any person holding a site development permit pursuant to this chapter violates the terms of the permit, or conducts or carries on the site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing, or working in the neighborhood of the property of the permittee, or conducts or carries on the site development so that it is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the site development permit shall be revoked or suspended pursuant to the procedures described in this section. Whenever a violation or hazardous condition is identified, a temporary suspension may be made effective immediately upon a notification by the town engineer, his designated representative, the mayor or chairman of the planning commission.

B. Procedure for Permanently Revoking or Suspending Site Development Permit. No site development permit shall be permanently revoked or suspended until a hearing is held by the planning commission. Written notice of such hearing shall be served upon the permittee, either personally or by registered mail, and shall state:

1. The grounds for complaint or reasons for the revocation or suspension.

2. The time when, and the place where, such hearing is to be held. Such notice shall be served by registered mail or personal service on the permittee at least five days prior to the date set for the hearing. At any such hearing the permittee shall be given an opportunity to be heard, and he may call witnesses and present evidence on his behalf. Upon conclusion of such hearing the planning commission shall determine whether or not the permit shall be suspended or revoked. In the event the determination is to suspend or revoke the permit, the permittee may appeal the decision to the town council in the same manner provided in Section 15.12.360.

3. The planning commission shall hold the hearing to consider recommendations for revocation or suspension of permits which have been temporarily suspended at the next regularly scheduled meeting of the planning commission at which all conditions of subdivision 2 of this subsection can be fulfilled.

(Ord. 1984-201 § 1 (7503), 1984)

Any applicant or other party aggrieved by a determination of any administrative official may appeal such determination to the planning commission by filing a written notice of appeal with the planning commission secretary within fifteen days of the administrative official's determination. Any applicant or other party aggrieved by a determination of the planning commission may appeal such determination to the town council by filing a written notice of appeal with the town clerk within fifteen days of the planning commission determination. The town clerk shall then put the matter on the next open agenda for hearing at a regularly scheduled town council meeting.

(Ord. 1989-245 § 1 (Exh. A) (part), 1989: Ord. 1984-201 § 1 (7504), 1984)

Within ten days of the date of any approval pursuant to Section 15.12.100 C, or at the next meeting of the council, whichever is later, the council may review such action. Within fifteen days of the date of any approval pursuant to Section 15.12.100 A or B, the council may review such action. In its review, the council may affirm the approval based solely on the record transmitted to the council. If, from a review of the record, the council believes that new evidence or testimony are required, or should they determine not to affirm the approval, then the council shall set the matter for public hearing at a regularly scheduled council meeting.

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

Filing fees and deposits for services shall be as set forth in Sections 18.34.040 through 18.34.070.

(Ord. 1984-201 § 1 (7505), 1984)

A. Bond Required. The applicant shall be required to file with the town clerk a faithful performance bond or other improvement security satisfactory to the town attorney in the amount deemed sufficient by the town engineer to ensure the completion of all improvements, landscaping, maintenance of landscaping for such periods as specified by the town, engineering, inspection fees and incidental expenses. The town engineer may waive the bond requirement if he finds that the proposed work is such that it does not have potential to interfere with any natural or otherwise established drainage, endanger persons or public or private property, constitute a nuisance, or in any way be inconsistent or potentially inconsistent with the purposes of this chapter.

B. Conditions of Bond. Among other appropriate provisions, every bond shall include the following conditions to which the principal and surety shall each be bound:

1. To comply with all of the provisions of this chapter and all other applicable laws, ordinances, rules and regulations;

2. To comply with all of the terms and conditions of the site development permit to the satisfaction of the town engineer;

3. To complete all of the work contemplated under the site development permit within the time limit specified in the permit. (The town engineer may, for sufficient cause, extend the time specified in the permit, but no such extension shall release the surety upon the bond.);

4. To pay all reasonable costs incurred or expended by the town, including, but not limited to, court costs and attorney's fees, in doing or causing to be done any of the work set forth in the site development permit, any other work which in the judgment of the town engineer is required to be done as a result of any work or activity done under the permit, or any abatement of any nuisance created by any work or activity done under the permit, or in collecting money or damages in connection with any of the foregoing.

C. Term of Bond. The term of the bond shall begin on the date of its posting and shall end on the satisfactory completion of the terms and conditions of the site development permit. Evidence of completion shall be when the final inspection and approval, and final reports have been completed pursuant to Section 15.12.140 and documents verifying completion filed with the records of the permit.

D. Notice of Default. Whenever the town engineer finds that a default has occurred in the performance of any term or condition of a site development permit, he shall give written notice thereof separately to the permit holder and to his surety. Such notice shall state the work or other things necessary to be done in order to cure the default, its estimated cost, if known, and the period of time deemed reasonably necessary by the town engineer to complete the work, and to do such other things which are necessary to be done in order to cure the default. The time period to cure the default normally shall be from thirty to sixty days, unless the town engineer determines a shorter, or longer, period is appropriate given the unique circumstances of the particular project. The notice of default shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permit holder and to his surety at the mailing address, or, if there is no mailing address, the business address, shown in the application or in the bond.

E. Duty of Surety. Upon service of the notice of default the surety shall be obligated to have the work and other things done within the time specified in the notice.

F. Disposition of Cash Security. If cash money or its equivalent or an instrument of credit has been deposited to secure the bond, and if notice of default has been served upon the permit holder and he has failed to do the work and other things required to be done by the notice within the time specified in the notice, the town may use such deposit in order to have such work and other things done, by contract or other means at the discretion of the town. The balance, if any, shall be returned to the depositor after completion of the work and other things.

G. Right of Entry. In the event of any default in the performance of any term or condition of the site development permit the surety, if any, or any person employed or engaged on its behalf, or the town engineer or any other person employed or engaged on behalf of the town, shall have the right to go upon the premises to complete the work and do the other things required by the permit. It is unlawful for any person in any way to hinder, obstruct, or prevent such entry. In furtherance of this provision, every application for site development permit shall be signed by the property owner and/or such other person legally empowered to act on behalf of the property owner. Signing of the site development permit application shall grant the license for the purposes of entry and completion of work specified in this chapter. Furthermore, site development permits, once approved, shall not be assignable without prior approval of the applicable town approving authority.

(Ord. 1984-201 § 1 (7506), 1984)

A. A site development permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within one hundred eighty days, or is not completed within one year from date of issue.

B. Exceptions:

1. The town engineer may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work being started or completed within the specified time limits, grant a reasonable extension of time if written application is made before the expiration date of the permit.

2. Where a single project requires both a site development permit and an architectural review approval from the ASCC, and those permits are considered and issued together, the site development permit shall have the same expiration period as the architectural review approval.

(Ord. 2012-397 § 1, 2012; Ord. 1984-201 § 1 (7507), 1984)

A. The provisions of this chapter shall not be construed as permitting the removal of top soil or trees and plants for resale, or of permitting quarrying of any nature within the limits of the town.

B. This chapter shall not be construed as authorizing any person to maintain a private or public nuisance upon his or her property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance.

(Ord. 1984-201 § 1 (7508), 1984)

No person, firm or corporation shall construct, enlarge, alter, repair or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any provisions of this chapter.

A. Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and each such person is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation such person is punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than one hundred eighty days, or by both such fine and imprisonment.

B. The town engineer, the town planner and the architectural and site control commission are empowered to investigate and make reports to the planning commission on any violations of this chapter. The planning commission, if it determines that a violation exists, may recommend that legal action be taken by the town council.

C. Any person violating provisions of this chapter with respect to the protection of trees, in addition to penalties set forth in Section 15.12.410(A), shall be required to replace any damaged or destroyed trees with new native trees of at least a fifteen-gallon size root ball and good forestry practices shall be observed.

(Ord. 1993-274 § 1 (part), 1993: Ord. 1984-201 § 1 (7509), 1984)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The council of the town of Portola Valley declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause and phrase of it, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases of the ordinance codified in this chapter be declared invalid or unconstitutional.

(Ord. 1984-201 § 1 (7510), 1984)

The ordinance codified in this chapter shall be known as the "Site Development Ordinance of the Town of Portola Valley."

(Ord. 1984-201 § 1 (7511), 1984)