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Council reduces CTO penalty for 218 Bayview to $18,000 after PG&E delays
Summary
After staff recommended partial relief for utility-related delays, the council reduced the construction time-limit penalty for 218 Bayview from $154,800 to $18,000 (30 days). The property owner accepted staff’s recommendation; the motion passed unanimously.
Belvedere’s City Council on March 9 unanimously voted to partially grant an appeal of construction time‑limit (CTL) penalties for work at 218 Bayview Avenue, reducing the assessment to 30 days and imposing a total fine of $18,000.
Planning/building staff presented the appeal, saying the project’s $1,600,000 valuation carried an 18‑month CTL plus a six‑month extension and that the project finalized on Dec. 4, 2025 — 174 days after the prescribed deadline. "Staff recommends a total relief of 144 days, totaling a $136,800 and imposing a total penalty of $18,000," staff said, explaining that delays in the final PG&E utility connection were outside the owner’s control.
The property owner, Vinh Phan, told council he found the staff recommendation acceptable. "That's totally acceptable to me," Phan said, thanking staff for meeting over Zoom to review the record.
Council members questioned timing of final inspections and noted the city’s public‑works rule that the same roadway will not be closed two days in a row, which affected PG&E scheduling. Based on the staff report and site visits, council members found the utility delays were beyond the owner’s control and voted to reduce the fine accordingly. Staff noted a minor formatting correction that will be made in the final resolution.
