COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

Date:

December 5, 2001

Set Time:

9:00 a.m.

Hearing Date:

December 18, 2001

To:

Honorable Board of Supervisors

From:

Marcia Raines, Director of Environmental Services, Telephone 599-1388

Subject:

EXECUTIVE SUMMARY: Consideration of an appeal of the Planning Commission's decision to approve a General Plan Map Amendment, Major Subdivision, and a Grading Permit to subdivide two parcels totaling 3.44 acres into eight parcels located at 535 Summit Drive in the unincorporated Emerald Lake Hills area of the County.

County File No.:

PLN 2001-00038 (Summit Jewel Partners/Rodine)

RECOMMENDATION

That based on staff analysis, the Planning Commission's actions and the testimony received at the public meeting, the Board of Supervisors:

1.

Deny the appeal and uphold the Planning Commission's decision to approve the proposed project.

2.

Certify the Negative Declaration as complete and adequate in accordance with the California Environmental Quality Act (CEQA).

3.

Adopt the resolution to change the subject parcels' General Plan Map designation from "Low Density Residential" to "Medium-Low Density Residential."

4.

Approve the proposed project by adopting the Recommended Findings and Conditions of Approval listed in Attachment A.

PROPOSAL

The applicant proposes to subdivide two 3.44-acre (combined), legal parcels located at 535 Summit Drive in the unincorporated area of Emerald Lake Hills, near Redwood City. This application for a major subdivision proposes to create eight parcels. Access to six parcels will be from the proposed private cul-de-sac road that connects with Summit Drive whereas two other parcels can take access from either the proposed road or from Summit Drive.

This project includes a General Plan Map Amendment to change the existing designation of Low Density Residential to Medium-Low Density Residential in order to match the specified zoning density and allow the proposed project and resulting density.

SUMMARY

The project, as conditioned, has been found to be in compliance with the County General Plan, the County Subdivision Ordinance, the County Grading Ordinance and the applicable zoning regulations.

Planning Commission Action and Basis for Appeal

On October 24, 2001, the Planning Commission considered the project and unanimously recommended approval of the project subject to approval of the General Plan amendment by the Board of Supervisors. The Planning Commission considered two project alternatives: one involved an 8-parcel subdivision with a public road and the other involved an 8-parcel subdivision with a private road. The Planning Commission on consideration of staff analysis and the testimony presented, approved the 8-parcel subdivision with a private road and made all the relevant findings including the findings for Exceptions to the Subdivision Ordinance.

This decision has been appealed. The appellant contends that the applicant should abide by the same rules that have applied to all local property owners and that the existing density designation be retained. The appellant also contends that the objections of the residents were ignored.

The applicant is proposing an amendment to the General Plan Density designation to conform with the zoning of the property which applies throughout Emerald Lake Hills. Furthermore, proposed density is lower than the existing density within 500 feet of the project property. Staff believes that proposed density would not result in a density that is out of scale or character with the surrounding neighborhood.

Staff received only one letter of opposition prior to the Commission's action, from a neighborhood resident, Ms. Lepold. That letter was not included in the staff report prepared for the Planning Commission. Staff regrets the oversight. (The letter appears as Attachment P to this report.) However, Ms. Lepold was sent a copy of the staff report and agenda for the Planning Commission public hearing. Except for the proponents of the project, no party, including the appellant and Ms. Lepold, appeared or presented opposition to the project at the Planning Commission public hearing.

Conformance with the General Plan

The applicant is requesting a General Plan Map Amendment to change the existing land use designation of Low-Density Residential to Medium Low Density Residential. This is necessary to conform the general plan density to the density which the zoning regulations allow for this site. (Emerald Lake Hills has two general plan designations, but only one zoning designation.) The proposed density is at the lower end of the Medium Low Density Residential bracket and lower than existing density within 500 feet of the project property. Staff believes that approval of the General Plan Map Amendment will not result in a density that is out of scale and character of the surrounding neighborhood.

In order to ensure that the project is in conformance with the General Plan's resource protection policies, appropriate conditions of approval have been recommended for protection of the oak woodland area, deer trails and replacement of trees to be removed.

Conformance with the County Subdivision Ordinance and Emerald Lake Hills Community Plan

The project proposal to create eight new parcels with a private access road (22 feet wide) is in conformance with the Emerald Lake Hills Community Plan, which indicates a 22 feet wide road standard. The use of a private road in a major subdivision, however, does require an exception to the Subdivision Ordinance. The Planning Commission considered two alternatives: one with a public road and one with a private road and approved the subdivision with a private road by making all the necessary findings. The 8-parcel subdivision with a private road is in compliance with all other applicable policies and regulations of the Emerald Lake Hills Community Plan and the County Subdivision Ordinance.

Conformance with the Residential Hillside (RH) Zoning District

The project was reviewed and a density certification performed to determine minimum required lot size of each of the proposed parcels. The project is in conformance with all of the requirements of the RH Zoning District regarding lot size, lot frontage and lot width. All eight proposed parcels are larger than the minimum requirement, relative to their respective average slope.

Conformance with the County Grading Ordinance

The project, as conditioned, is in conformance with all the applicable provisions of the County Grading Ordinance.