COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

Date:

January 28, 2002

Set Time:

6:15 p.m.

Hearing Date:

February 5, 2002

To:

Honorable Board of Supervisors

From:

Marcia Raines, Director of Environmental Services

Subject:

STAFF REPORT ADDENDUM: Consideration of an appeal of the Planning Commission's denial of an application for a Coastal Development Permit and Design Review, to allow construction of a single-family residence located at 421 Valencia Avenue near Vallejo Street within the unincorporated El Granada area of San Mateo County. This project is appealable to the California Coastal Commission.

County File Number:

PLN 2000-00385 (Ceschin)

BACKGROUND

On December 18, 2001, you continued this item to January 29, 2002, to allow staff to summarize the evolution of the project and for possible discussions between the applicant and appellant. On January 29, the item was again continued to February 5 at 6:15 p.m.

The applicant's latest revision of January 23, 2002, submitted after the Board of Supervisors' initial hearing on this item, reduces the total house size to 2,757 sq. ft., 158 sq. ft. less than what the Planning Commission considered and 390 sq. ft. less than the applicant's initial proposal to the Zoning Hearing Officer in June 2001. The chimney has been deleted on the right side elevation and all but small bathroom windows have been deleted from the second story to reduce privacy impacts to both adjacent neighbors. The table below lists and compares the applicant's four submittals throughout this process.

Development Proposal/Submittal Date

Proposed Floor Area/FAR*

Proposed Height

Notes

Proposal Considered and Rejected by ZHO (6/7/01)

3,147 sq. ft.
57.2%

27 feet

MCCC concerned over size, but generally supported project; appealed to Planning Commission.

Proposal Approved by ZHO and Considered by Planning Commission (9/26/01)

2,915 sq. ft.
53%

25.8 feet

ZHO approval conditioned to comply with new regulations; PC denies and applicant appeals to BOS.

Proposal Submitted After Planning Commission Decision (10/9/01)

2,790 sq. ft.
50.7%

25.8 feet

Proposal reduced 125 sq. ft.; chimney and most second story windows deleted.

Proposal Submitted After Initial Board of Supervisors Hearing (1/23/02)

2,757 sq. ft.
50%

25.8 feet

Proposal reduced 390 sq. ft. from 6/7/01 submittal.

*Proposals include garage.

ALTERNATIVE

Staff recommended that you uphold the decision of the Planning Commission by adopting the findings in the previous staff report and denying the appeal and the project.

If, however, the Board of Supervisors chooses to overturn the Planning Commission's denial and approve the project, alternative findings and conditions of approval are found in Attachment B of this report. The conditions of approval are the same as were presented to the Planning Commission, except that some conditions have been modified to reflect the applicant's most recently revised plans as submitted on January 23, 2002, which would: (1) reduce the total house size (including garage) to 2,757 sq. ft. (for a 50% FAR), and (2) maintain a roof height of 25.8 feet (from average finished grade to topmost point of the roof).

ATTACHMENTS

A.

Recommended Findings of Denial

B.

Alternative Recommended Findings and Conditions of Approval

C.

Project Site Plan Considered by Planning Commission

D.

Proposal (Elevations) Initially Considered and Denied By Zoning Hearing Officer

E.

Proposal (Elevations) Approved by ZHO and Denied by Planning Commission

F.

Proposal (Elevations) Submitted After Planning Commission Denial

G.

Proposal (Elevations) Submitted 1/23/02, After Initial Board of Supervisors Hearing

H.

Proposal Site Plan Submitted 1/23/02

I.

Letters to Board of Supervisors from Chuck Kozak, dated January 3 and 8, 2002

J.

MCCC's Scale Analysis by MCCC/Appellant (Reflects Latest Proposal)

K.

Comment Letter from MCCC, dated January 25, 2001

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Attachment A

COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

RECOMMENDED FINDINGS OF DENIAL

Permit or Project File Number: PLN 2000-00385

Hearing Date: February 5, 2002

Prepared By: David Holbrook

For Adoption By: Board of Supervisors

RECOMMENDED FINDINGS

Based on the staff report and evidence presented at the hearing:

Regarding the Coastal Development Permit, Find:

1.

That the project, both as submitted to the Planning Commission on September 26, and as revised and submitted on October 9, 2001 and January 23, 2002, does not conform with the plans, policies, requirements and standards of the San Mateo County Local Coastal Program (LCP). Specifically, the project does not comply with LCP Policy 8.12 (Application of Design Review District Standards to Urbanized Areas of the Coastal Zone), as documented in Section B of the staff report.

2.

That the project does not conform to the specific findings required by the policies of the San Mateo County LCP, as documented in Section B of the staff report.

Regarding the Design Review, Find:

3.

That this project has been reviewed under and found not to be in compliance with the Standards of Review Criteria as stipulated in Chapter 28.1 of the San Mateo County Zoning Regulations. Specifically, the project does not comply with the following standards, as documented in Section B of the staff report:

a.

The project fails to provide for adequate light to the residence to the north due to its height, design and proximity to the common property line.

b.

The design and height of the project creates an abrupt, not a smooth, transition to the property to the south, which consists of a one-story residence with substantial open space and a creek channel on its north side.

c.

The design of the project is not in harmony with the size and scale of adjacent building in the community, particularly the one-story residence to the south and the prevailing size and scale of development in the immediate neighborhood, particularly as evidenced by the Floor Area Ratio of those houses as compared with the subject house.

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Attachment B

COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

ALTERNATIVE
RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL

Permit or Project File Number: PLN 2000-00385

Hearing Date: February 5, 2002

Prepared By: David Holbrook

For Adoption By: Board of Supervisors

RECOMMENDED FINDINGS

Based on the staff report and evidence presented at the hearing:

Regarding the Environmental Review, Find:

1.

That the project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303, Class 3, regarding the new construction of small structures.

Regarding the Coastal Development Permit, Find:

2.

That the project, as submitted to the Board of Supervisors on February 5, 2002, with accompanying materials required by Section 6328.7 and as conditioned in accordance with Section 6328.14, conforms with the plans, policies, requirements and standards of the San Mateo County LCP, as documented in the LCP Policy Checklist completed for the project and in the staff report, Section C.

3.

That the project, as conditioned, conforms to the specific findings required by the policies of the San Mateo County LCP, as documented in the LCP Policy Checklist completed for the project and in the staff report, Section C.

4.

That the number of building permits for construction of single-family residences other than for affordable housing issued in the calendar year does not exceed the limitations of Policies 1.22 and 1.23 as stated in Section 6328.19.

Regarding the Design Review, Find:

5.

That this project has been reviewed under and found to be in compliance with the Standards of Review Criteria as stipulated in Chapter 28.1 of the San Mateo County Zoning Regulations.

RECOMMENDED CONDITIONS OF APPROVAL

Planning Division

1.

This approval applies only to the proposal, documents and revised plans (dated January 23, 2002) as submitted to the Board of Supervisors on February 5, 2002. This includes the house whose floor area shall not exceed 2,757 sq. ft. and whose building height shall not exceed 25.8 feet (measured from average finished grade to topmost point of the roof). Minor revisions may be approved by the Planning Director if they are consistent with the intent of and in substantial conformance with this approval.

2.

A 10-foot setback shall be required between all structures and the southern property line (left side property line) due to the existence of riparian vegetation located on the adjacent parcel to the south. This may require redesign, relocation, or removal of the bay window shown on the project plans, to the satisfaction of the Planning Director. This parcel will be tagged in the County's database, such that 10-foot left side setback will be required for all structures in accordance with LCP Buffer Zone Policies.

3.

The revised plans shall include additional design elements (accented trim, extended sills, shutter, belly band, etc.) on the right and left side elevations, and shall be reviewed and approved by the Planning Director prior to the issuance of a building permit.

4.

The applicant shall submit a landscape plan in accordance with the "Landscape Plan Guidelines - Minimum Standards" for review and approval by the Planning Director, prior to the issuance of a building permit. The goal of the required landscape plan is to soften the impact of the building as seen primarily from Valencia Street, and to increase surface filtration. The plan shall include at minimum 3 trees and 15 shrubs.

Two of the trees shall be 5-gallon minimum and planted in the front portion of the property. The type of tree selected for this location shall be one whose mature height does not exceed 25 feet.

One of the trees shall be 15-gallon minimum and planted on the south side of the property to enhance neighbor privacy on that side. The type of tree selected for this location shall be one that is known to grow to a minimum 15-foot mature height, and a maximum 25-foot mature height, to the satisfaction of the Planning Director.

Areas in front and the rear of the property that do not contain trees or shrubs shall be planted with groundcover and/or a minimum of 2 inches of mulch to minimize erosion. All plants shall be native, non-invasive species, and the use of fertilizers and pesticides shall be prohibited on site.

5.

The approved landscaping plan shall be implemented before the Planning Division gives a final approval on the building permit and before the applicant schedules a final inspection.

6.

The applicant shall submit an erosion control plan (including sections depicting method of installation), prior to Planning approval of the associated building permit, to mitigate any erosion resulting from project-related activities.

7.

The applicant shall apply for and be issued a building permit prior to the start of construction, including any grading or land clearing activity. The County Geologist shall review and approve all project-related construction plans and reports prior to issuance of a building permit.

8.

The applicant shall ensure that if during construction or grading, any evidence of archaeological traces (human remains, artifacts, concentration of shale, bone, rock or ash) is uncovered, then all construction or grading within a 30-foot radius shall be halted, the Planning Division shall be notified, and the applicant shall hire a qualified archaeologist to assess the situation and recommend appropriate measures. Upon review of the archaeologist's report, the Planning Director, in consultation with the applicant and the archaeologist, will determine the steps to be taken before construction or grading may continue.

9.

Prior to issuance of a building permit, the applicant shall submit color and material samples (no larger than approximately a 4-inch square sample) for walls, roof, and trim to the Planning Counter for review and approval by the Planning Director. The applicant shall include the file/case number with all color samples. Color verification by a building inspector shall occur in the field after the applicant has painted the structure the approved color, but before the applicant schedules a final inspection. Acceptable colors for building walls and roofs shall be earthtones and shall be non-reflective.

10.

No tree cutting or trimming of the cypress trees near the site is authorized by this permit. Removal of any tree with a diameter greater than 12 inches as measured 4.5 feet above the ground shall require a separate tree removal permit. Prior to the issuance of a building permit, the applicant shall have a certified arborist, landscape architect, or other qualified professional inspect the significant cypress tree near the front property line to make recommendations for tree protection during construction. The applicant shall submit the recommendations of the consulting professional for review and approval by the Planning Director. The consulting professional shall monitor construction for implementation of tree protection measures, and report to the Planning Division at the end of project construction on the success of the approved measures.

11.

All new utility lines shall be installed underground beginning at the nearest existing utility pole to the proposed residence.

12.

Noise levels produced by the proposed construction activity shall not exceed the 80 dBA level at any one moment. Construction activities shall be limited to the hours from 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday. Construction operations are prohibited on Sunday and any national holiday.

13.

Height verification shall be required at various stages during construction and confirmed in writing at each stage by the project engineer. The site plan shall show:

a.

The baseline elevation datum point as established by a licensed land surveyor or engineer. This datum point must be located so that it will not be disturbed by construction activities. This datum point shall be used during construction to verify the elevation of the finished floor relative to the site's existing natural grade.

b.

The natural grade elevations at a minimum of four significant corners of the structure's footprint.

c.

The elevations of the proposed finished grades, where applicable.

d.

The ridgeline elevation of the highest point on the roof.

14.

The applicant shall submit an on-site drainage plan, as prepared by their civil engineer, showing all permanent, post-construction stormwater controls and drainage mechanisms. The required drainage plan shall show the necessary mechanisms to contain all water runoff generated by on-site impervious surfaces and shall include facilities to capture and retain all stormwater runoff through on-site percolation facilities. The drainage plan shall be submitted to the Planning Division for review and approval by the Planning Director, prior to the issuance of a building permit. The plan shall be included as part of the project's final building permit application and construction plans. The County Building Inspection Section and Department of Public Works shall ensure that the approved plan is implemented prior to the project's final building inspection and occupancy approval.

15.

The proposed driveway shall be constructed from permeable medium (such as porous asphalt or crushed aggregate) from the property line to the garage slab, in order to decrease runoff of stormwater from the site.

16.

During project construction, the applicant shall, pursuant to Section 5022 of the San Mateo County Ordinance Code, minimize the transport and discharge of stormwater runoff from the construction site into storm drain systems and water bodies by:

a.

Using filtration materials on storm drain covers to remove sediment from dewatering effluent.

b.

Stabilizing all denuded areas and maintaining erosion control measures continuously between October 15 and April 15.

c.

Removing spoils promptly, and avoiding stockpiling of fill materials, when rain is forecast. If rain threatens, stockpiled soils and other materials shall be covered with a tarp or other waterproof material.

d.

Storing, handling, and disposing of construction materials and wastes so as to avoid their entry to the storm drain system or water body.

e.

Avoiding cleaning, fueling or maintaining vehicles on-site, except in an area designated to contain and treat runoff.

17.

The project shall include water runoff prevention measures for the operation and maintenance of the project for the review and approval by the Planning Director. The project shall identify Best Management Practices (BMPs) appropriate to the uses conducted on-site to effectively prohibit the discharge of pollutants with stormwater runoff and other water runoff produced from the project.

18.

These permits shall be valid for one year. Any extensions of these permits shall require submittal of a written request and payment of applicable extension fees, 60 days prior to expiration.

Building Inspection Section

19.

Project located in FEMA "A" Zone. Elevation Certificate submitted shows that the structure will comply. At time of application for a building permit, the following will be required:

a.

A boundary survey will be required prior to issuance of a building permit.

b.

An automatic fire sprinkler system must be installed. This permit must be issued prior to or in conjunction with the building permit.

c.

A site drainage plan must be submitted which will demonstrate how roof drainage and surface runoff will be directed to an approved location.

Half Moon Bay Fire Protection District

20.

The applicant shall comply with all of the requirements of the Half Moon Bay Fire Protection District, for construction of the single-family residence.

Department of Public Works

21.

Prior to the issuance of the building permit, the applicant will be required to provide payment of "roadway mitigation fees" based on the square footage (assessable space) of the proposed residence per Ordinance #3277.

22.

The applicant shall submit a driveway "plan and profile," to the Department of Public Works, showing the driveway access to the parcel (garage slab) complying with County standards for driveway slopes (not to exceed 20%) and to County standards for driveways (at the property line) being the same elevation as the center of the existing roadway. The driveway plan shall also include and show specific provisions and details for handling both the existing and the proposed drainage.

23.

No construction work within the County right-of-way shall begin until Public Works requirements for the issuance of an encroachment permit, including review of applicable plans, have been met and an encroachment permit issued by the Department of Public Works.

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