Portola Valley Municipal Code Ch. 17.48 Public Utilities, Easements and Public Facilities Sites

Where required for public utility purposes, utility easements not less than ten feet in width shall be provided within the subdivision. All communications and electric transmission and distribution facilities and appertenances thereto, including any that may already exist within the boundaries of the subdivison or within a street right-of-way on which a subdivision abuts shall be installed underground, however, pad-mounted transformers may be permitted if the planning commission finds there is no adverse visual effect from the public right-of-way, from a neighboring, property or from within the property itself. The council may waive the undergrounding requirements of this section when the council determines that underground installation is not feasible or practicable; in which case, the council may authorize the use of overhead communication or electric lines in locations most closely in accordance with the objectives of the Portola Valley general plan. The subdivider shall be responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies involved for installation of the facilities.

(Ord. 1990-256 § 1 (Exh. A) (part), 1990: Ord. 1979-168 § 5 (part), 1979: Ord. 167-71 § 1 (7650.8), 1967)

A. Sewage disposal shall be by means of public sanitary sewer, unless the planning commission determines such method of disposal is not reasonably feasible, and finds alternative on-site sewage disposal by septic tanks and drainfields will not create the risks or be inconsistent or contrary to the policies, standards, public interest and welfare enumerated below. In determining reasonable feasibility, the planning commission shall obtain and consider a report from the health officer, and such other guidance and information as it deems proper, but it shall not consider the cost of such public sanitary sewer system. The demonstrated inability of the developer to obtain sewage connection permits for all or a part of the proposed development may be considered with other factors and circumstances, but of itself, shall not be a sufficient basis for approving use of an alternative on-site system for sewage disposal by septic tanks and drainfields unless the planning commission finds that such on-site system would not:

1. Result in a risk of a geologic or public health hazard, contamination, pollution, impairment to water quality or environmental damage;

2. Be inconsistent with policies or standards of state and federal authorities having jurisdiction then in effect; or

3. Be contrary to the public interest or welfare.

B. To the extent that on-site sewage disposal by septic tanks and drainfields is allowed, a septic tank maintenance district or equivalent shall be established as a condition to subdivision approval.

(Ord. 1979-168 § 5 (part), 1979: Ord. 1967-71 § 1 (7651.0), 1967)

A. Water supply shall meet the requirements of the Health and Safety Code of the state and shall be sufficient to meet the domestic requirements of all lots and adequate for fire protection, and further, shall be satisfactory to the fire chief, health officer and town engineer. The following are the minimum required standards for fire protection:

1. Minimum acceptable water flow shall be one thousand gallons per minute with a twenty-pound per square inch residual for two hours,

2. Distribution mains shall be a minimum of six inches in diameter, and the distribution network shall be designed in accordance with the American Water Works Association standard practice.

3. Fire hydrants shall be no more than six hundred feet apart.

4. Each building site shall be within nine hundred feet of a fire hydrant and shall be connected to the hydrant by way of an all weather road and/or driveway.

5. Every fire hydrant shall have a minimum of one four and one-half inch (steamer) and two and one-half inch outlets with national standard threads. The hydrant shall be of the dry barrel type, unless otherwise specified by the fire chief, and there shall be a gate valve between the water main and hydrant.

B. The water supply system layout, design and construction shall be approved by the fire chief and town engineer. Where structural concentration exists or is proposed or where other unique fire safety problems are identified, the fire chief may increase the water flow requirements, increase the number of hydrants required or otherwise modify the above standards to insure adequate fire protection.

(Ord. 1979-168 § 5 (part), 1979: Ord. 1967-71 § 1 (7651.2), 1967)

The subdivision shall comply with the provisions for protection from flooding contained in Chapter 18.32 of the zoning title.

(Ord. 1979-168 § 5 (7651.3), 1979: Ord. 1967-71 § 1 (7651.3), 1967)

A. Drainage and drainage structures shall be adequate for local drainage requirements necessary to protect lots and streets from flood hazard. Consideration shall be given to the drainage pattern of adjacent or upstream property as though they were fully improved; and if the town, the county, or if any special district has adopted an official drainage plan for the affected area, consideration shall be given to such plan.

B. Wherever feasible, drainage of storm waters shall be accomplished with the minimum alteration to the natural character of water courses and streams consistent with optimum flow and minimum bank erosion. Planting within drainage ways may be required in order to minimize erosion.

C. Wherever feasible, drainage from individual lots shall be to the street, provided this does not require grading in conflict with the purposes of this title.

(Ord. 1967-71 § 1 (7651.41), 1967)

In the event that the subdivision is traversed by any water courses, channels, streams, or creeks, the subdivider shall dedicate rights-of-way or easements for storm drainage purposes conforming substantially with the lines of such water courses, channels, streams or creeks, or shall provide by dedication further and sufficient rights-of-way or easements as may be required for structures or channel changes or both, to dispose of such surface and storm waters.

(Ord. 1967-71 § 1 (7651.42), 1967)

The council refers to the master drainage plan, 1 town of Portola Valley, prepared by Jones-Tillson & Associates for adoption pursuant to to Section 11543.5 of the Business and Professions Code of the state of California. Such drainage plan of the drainage areas shown on Exhibit "A" attached to the plan is adopted as the drainage plan and the boundaries of the drainage areas.

(Ord. 1970-108 § 1 (part), 1970: Ord. 1970-107 § 1 (part), 1970: Ord. 1967-71 § 1 (7651.43), 1967)

The master drainage plan for the town includes the map referred to in Section 17.48.070, together with the description and location of future drainage improvements required to serve the areas shown on the plan and estimated costs of construction of the necessary drainage facilities, and the council does find and determine that the subdivision and development of properties within the planned local drainage areas will require construction of the facilities described in the master plan of drainage, and that the fees proposed to be apportioned within the local drainage areas are fairly apportioned within each of the areas both on a basis of benefits conferred on properties which may be proposed for subdivision and on the need for local drainage facilities created by proposed subdivision and development of other property within each of the local drainage areas.

(Ord. 1970-108 § 1 (part), 1970: Ord. 1970-107 § 1 (part), 1970: Ord. 1967-71 § 1 (7651.44), 1967)

At the time of filing of the final map and as a condition of approval of such final map, for purposes of defraying the actual or estimated cost of constructing planned drainage facilities for the removal of surface and storm drainage waters, a per-acre fee shall be paid to the town clerk for any portion of the subdivision which is contained within the areas as defined in the Master Drainage Plan, 1 attached to Ordinance No. 1982-187 as Exhibit "A" hereinafter referred to according to the following schedule and provisions for schedule adjustment.

The above fees shall be considered base levels as of December, 1987, and shall be automatically increased in the amount and at the time of any increase in the Construction Cost Index.

(Ord. 1988-226 § 1, 1988: Ord. 1984-202 § 1, 1984: Ord. 1982-187 § 1, 1982: Ord. 1979-172 § 1, 1979: Ord. 1979-168 § 5 (part), 1979: Ord. 1976-144 § 1, 1976: Ord. 1970-108 § 1 (part), 1970: Ord. 1970-107 § 1 (part), 1970: Ord. 1967-71 § 1 (7651.45), 1967)

The drainage facilities shown on the master drainage plan are found to be in addition to existing local drainage facilities serving the area at the time of adoption of the drainage plan for the area, and in addition to present or future local drainage facilities required for future subdivision development.

(Ord. 1970-108 § 1 (part), 1970: Ord. 1970-107 § 1 (part), 1970: Ord. 1967-71 § 1 (7651.48), 1967)

The total cost of all fees collectible under Section 17.48.090 does not exceed the total estimated costs of all drainage facilities to be constructed in the local drainage area. The fees may hereafter be modified, upward or downward, to reflect future cost estimates for the facilities remaining to be installed.

(Ord. 1970-108 § 1 (part), 1970: Ord. 1970-107 § 1 (part), 1970: Ord. 1967-71 § 1 (7651.48), 1967)

Fees established in Section 17.48.090 shall be paid into a "planned local drainage facilities fund." A separate account shall be maintained for the funds attributable to each local drainage area. Moneys in such fund shall be expended solely for the construction or to reimburse advances for construction of local drainage facilities within the local drainage area from which the fees comprising the fund were collected. The council may, in its discretion, accept cash or other consideration in lieu of the payment of fees.

(Ord. 1970-108 § 1 (part), 1970: Ord. 1970-107 § 1 (part), 1970: Ord. 1967-71 § 1 (7651.49), 1967)

No parcel of land shall be subject to payment of the fees provided in Section 17.48.090 more than once.

(Ord. 1970-108 § 1 (part), 1970: Ord. 1970-107 § 1 (part), 1970: Ord. 1967-71 § 1 (7651.50), 1967)

The council may authorize advance of available moneys from its general fund, or any other available fund, to pay the cost of planning, engineering and/or construction of the proposed drainage facilities shown in the master drainage plan within any or all of the local drainage areas, to be reimbursed from the planned local drainage facilities fund for the local drainage area within which such planning, engineering and/or construction costs were incurred.

(Ord. 1970-108 § 1 (part), 1970: Ord. 1970-107 § 1 (part), 1970: Ord. 1967-71 § 1 (7651.51), 1967)

The town may, in its discretion, enter into joint exercise of powers agreements or other agreements with any city, county, district or other entity having the power to construct drainage facilities to provide for the construction of any storm drainage facilities shown on the master drainage plan as it presently exists or as it may hereafter be amended, to provide for the construction and installation of facilities of benefit to the local drainage areas or any or all of them, and to utilize moneys from the planned local drainage facilities fund to finance such drainage facilities to the extent that the facilities benefit the local drainage areas or all of such areas.

(Ord. 1970-108 § 1 (part), 1970: Ord. 1970-107 § 1 (part), 1970: Ord. 1967-71 § 1 (7651.52), 1967)

The procedures and fees established herein shall not be the exclusive method whereby the construction of drainage facilities may be planned, designed and constructed. The town may incur indebtedness under any appropriate general law of the state to provide for the financing of the construction and installation of any or all of the local drainage facilities, and may contribute moneys from the planned local drainage facilities fund to pay the indebtedness so incurred, or may, in the event such facilities are constructed pursuant to appropriate special assessment and assessment bond laws, provide for reduction or elimination of fees provided in Section 17.48.090, should such facilities be financed pursuant to such laws.

(Ord. 1970-108 § 1 (part), 1970: Ord. 1970-107 § 1 (part), 1970: Ord. 1967-71 § 1 (7651.53), 1967)

It is the intent of the town that the natural character of existing tree and other vegetative cover shall be preserved and enhanced to prevent soil erosion, and where proposed street construction necessitates removal of such tree and other vegetative cover, by planting indigenous material in a manner satisfactory to the planning commission. The commission may, however, approve other materials providing they are in harmony with the indigenous material. Plantings shall not under the circumstances impair traffic, pedestrians, or fire safety, nor interfere with pathways within the right-of-way where these are required. In areas where there is no existing tree or major vegetative cover within the street right-of-way, the subdivider shall install such planting as is required by the commission.

(Ord. 1967-71 § 1 (7651.8), 1967)

The planning commission may require the dedication of conservation easements within a proposed subdivision for the express purposes of protecting the natural vegetation, terrain, water courses, waters, and wildlife and for the purpose of preventing or limiting drainage and erosion problems. If so required by the commission, the subdivider shall execute a deed to the town in a form acceptable to the town attorney, which deed shall include such reasonable restrictions as the commission may impose to carry out the intent of this title and the general plan.

(Ord. 1967-71 § 1 (7652.2), 1967)

Where the site for a public school is located within the proposed subdivision the planning commission may, as a condition of approval, require the subdivider to offer to dedicate the school site to the school district which maintains an elementary school under the terms and conditions set forth in Section 66478 of the Government Code. Where the site for a park or recreational facility is located within the proposed subdivision, the provisions of Section 17.20.200 shall apply. In cases where the proposed park and recreational facilities or other public facilities should be located within the proposed subdivision in order to serve that subdivision and adjacent lands, and such reservations would be in excess of the provisions of Section 17.20.200, the subdivider shall reserve such excess site area in an amount and location specified by the planning commission. The town shall enter into a binding agreement to purchase such reserved land at the time of recording the final map. If the town chooses not to enter into the binding agreement, the reservation of such area shall automatically terminate.

(Ord. 1979-168 § 5 (part), 1979: Ord. 1967-71 § 1 (7652.01), 1967)

All grading and other aspects of site development covered by the site development ordinance of the town shall be carried out in accordance with the provisions of that ordinance.

(Ord. 1967-71 § 1 (7652.4), 1967)