Portola Valley Municipal Code Ch. 17.04 General Provisions

This title shall be known as the "subdivision regulations of the town of Portola Valley."

(Ord. 1967-71 § 1 (7674.0), 1967)

The ordinance codified in this title is adopted pursuant to Section 11 of Article XI of the Constitution of the state and the Subdivision Map Act of the state, and all terms used in this title which are defined in the Subdivision Map Act shall have the same meaning as ascribed thereto in the Act and as the Act may hereafter be amended except that, where appropriate from the context, the term "subdivision" shall be construed to include divisions of land other than those defined as subdivisions by the Subdivision Map Act. The provisions of this title are supplemental to the provisions of the Subdivision Map Act.

(Ord. 1967-71 § 1 (7610.0), 1967)

The provisions of this title shall apply to the subdivision or other division of land for any purpose whatsoever within the town. For the purposes of this title the division of land shall mean the division of any parcel or portion thereof into two or more lots, plots, sites or parcels for the purpose, whether immediate or future, of sale, transfer, lease, of all or any part thereof or for building development. It includes subdivision and resubdivision and other divisions of land and, when appropriate to the context, relates to the process of dividing land or to the land or territory divided.

(Ord. 1979-168 § 1 (part), 1979: Ord. 1967-71 § 1 (7610.2), 1967)

This title is adopted to regulate the division of land and to require the provision of certain prescribed improvements which are needed in consequence of the division of land in order to achieve the following purposes:

A. To promote the public health, safety, convenience, and general welfare;

B. To insure the development of land in a manner consistent with general community objectives as set forth in the general plan;

C. To insure that all subdivision and development of land conforms to the basic town objective of preserving and enhancing the natural features and open space of the planning area for the benefit of the planning area, the Peninsula and the entire San Francisco Bay Area;

D. To protect property in the town against deterioration and obsolescence;

E. To preserve and protect the natural beauty and the established character of the community, and through good design provide for a harmonious relationship between the completed subdivision and the natural environment;

F. To provide lots of adequate size and appropriate design for the purposes for which they are to be used;

G. To protect the community against excessive storm water runoff, soil erosion, earth movement, earthquake, and other geologic hazards;

H. To make possible ease of law enforcement and fire protection through orderly design and development and the provision of adequate facilities and improvements;

I. To insure at the time of subdivision that water supply, storm drainage, sewage disposal, and other utilities, services and improvements needed as a consequence of the division of land are adequately provided for and that such utilities, services and improvements first serve adjoining areas and then be incrementally extended to serve contiguous new development rather than be extended so as to allow development to "leapfrog" over intervening lands;

J. To insure that governmental costs are minimized by requiring the installation of improvements of adequate size and quality and maintenance districts where appropriate;

K. To provide streets of adequate capacity with appropriate improvements to provide access to abutting property and to carry the anticipated traffic, and to insure that streets are designed so as to minimize safety hazards to vehicles and their occupants, pedestrians and equestrians;

L. To assure that street rights-of-way are corridors of natural vegetation and terrain through which motorists and others can travel and retain the feeling of passing through a natural, undisturbed area, and that street rights-of-way are designed to form an important part of the total open space environment of the town;

M. To provide pedestrian paths, bicycle paths, and riding and hiking trials for the safety and convenience of pedestrians, cyclists and equestrians desiring access to community facilities, for travel throughout the community, and for enjoyment of the natural amenities of the community;

N. To minimize through traffic on residential streets;

O. To make possible the coordination of subdivision development with the provision of public facilities, such as parks, recreation areas, schools and other types of community facilities;

P. To assist in implementing the general plan of the town, especially the features of the residential open space preserve and the conservation of wooded areas as defined in the general plan;

Q. To insure that at the time of subdivision improvement, adequate planting is provided to control erosion and reduce the overall impact of subdivision improvements and subsequent development on the ecologic and visual qualities of the community.

(Ord. 1979-168 § 1 (part), 1979; Ord. 1967-71 § 1 (7610.4), 1967)

In their interpretation and application, provisions of this title shall be held to be minimum requirements, except where they are expressly stated to be maximum requirements. It is not intended to impair, or interfere with any private restrictions placed upon property by covenant or deed; provided, however, that where this title imposes a greater restriction upon the subdivision of land than are imposed or required by such private restrictions, the provisions of this title shall control.

(Ord. 1967-71 § 1 (7610.61), 1967)

Whenever any provision of this title and any other provision of town law, whether set forth in this title or in any other law, ordinance or resolution of any kind, impose over-lapping or contradictory regulations over the subdivision 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. 1967-71 § 1 (7610.62), 1967)

Whenever requirements are set forth in general terms in this title, the details of such requirements may be set forth in policies adopted from time to time by the planning commission and/or town council.

(Ord. 1967-71 § 1 (7610.63), 1967)

A. The adopted general plan is the guide to the use and development of all land within the corporate boundaries of the town. The general plan shall be used as a guide to determine the character of land division including lot size and arrangement and the type and extent of streets, roads, highways and other utilities and public facilities that shall be provided by the subdivider. In subdivision design, particular attention shall be given to the general plan policy which calls for the grouping or clustering of residential buildings where this will maximize the opportunity to preserve natural beauty and open space without generally increasing the intensity of development otherwise possible.

B. Consideration shall be given, within the established framework of local streets, to provision for uniformity of street widths where appropriate and for properly relating alignments and street names. Preservation of the privacy and safety of streets in residential areas shall be encouraged by the prevention of through traffic in such areas. The amount of street required shall be related to the vehicular and pedestrian traffic generating characteristics of anticipated uses of abutting land. Traffic capacity shall be provided to meet recreational travel needs where appropriate. The number of intersections or thoroughfares shall be reduced to a minimum consistent with the basic needs of ingress and egress. Intersections shall be so designed as to provide for optimum safety for pedestrians and motorists and other users of streets, highways and walks. Provision shall be made for assuring adequate light, air and privacy on all parcels of property, regardless of the land use. Topography and vegetation shall be respected and streets shall be designed so as to prevent excessive grading and scarring of the landscape. Special care shall be taken in design and construction to provide stable soil and subsoil conditions. Problems of drainage shall be resolved in such a manner as to provide substantial security against excessive runoff or flooding and security against earth movements and excessive erosion.

(Ord. 1979-168 § 1 (part), 1979: Ord. 1967-71 § 1 (7610.8), 1967)

All division of land shall conform with applicable specific plans adopted in conformance with the planning law for the purpose of effectuating the general plan. All divisions of land shall conform with the zoning ordinance of the town; provided, however, that where this title imposes higher standards, the requirements of this title shall prevail.

(Ord. 1967-71 § 1 (7611.0), 1967)

The planning commission of the town, hereinafter referred to as the planning commission, is designated the advisory agency with respect to subdivisions, as provided by the Subdivision Map Act, and shall have all of the powers and duties with respect to subdivisions and other divisions of land specified in that Act and this title. The planning commission is authorized to report its actions on proposed subdivisions and tentative maps direct to the subdivider.

(Ord. 1967-71 § 1 (7611.2), 1967)

A subdivision committee, including the town planner, town engineer, town geologist, building inspector, fire chief, health officer, town historian (for applications with historic resources), a designated member from the architectural and site control commission, a designated member of the conservation committee and a designated member from the trails committee, is established and authorized to review subdivision maps and report to the planning commission. The town planner shall serve as chairman of the committee.

(Ord. 1994-276 § 2 (part), 1994: Ord. 1979-168 § 1 (part), 1979: Ord. 1977-155 § 1, 1977: Ord. 1967-71 § 1 (7611.4), 1967)

The secretary of the planning commission is authorized to accept preliminary and tentative subdivision maps for review and transmittal as required by this title.

(Ord. 1967-71 § 1 (7611.6), 1967)

The planning commission may establish forms and procedures for filing maps and information required by this title, the Subdivision Map Act, or any other applicable law.

(Ord. 1979-168 § 1 (part), 1979: Ord. 1967-71 § 1 (7611.8), 1967)

Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request whether such real property complies with the provisions of this chapter. Upon making such a determination the town shall cause a certificate of compliance to be filed for record with the county recorder. The provisions governing certificates of compliance in Section 66499.35 of the Government Code shall be adhered to.

(Ord. 1988-230 § 3 (Exh. B) (part), 1988)