COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

Date:

March 27, 2002

Set Time:

9:30 a.m.

Hearing Date:

April 16, 2002

To:

Honorable Board of Supervisors

From:

Marcia Raines, Director of Environmental Services

Subject:

STATUS REPORT: Appeal of Planning Commission's decision to approve a Coastal Development Permit, a Resource Management/Coastal Zone Permit and a Stable Permit to allow legalization of a 3-horse stable, tractor shed, agricultural barn, replacement of one 8,000-gallon water tank with two 5,000-gallon water tanks, and a mobilehome as an affordable housing unit. The project is located at 1589 Higgins Canyon Road in the unincorporated Half Moon Bay area of San Mateo County.

County File Number:

PLN 1999-00079 (Oscar Braun)

BACKGROUND

The project involves legalization of a 3-horse stable, a tractor shed, an agricultural barn, replacement of one 8,000-gallon water tank with two 5,000-gallon water tanks, and designation of a mobilehome as an affordable housing unit. The 1,440 sq. ft. stable structure consists of a tack room, three horse stalls and a bathroom, and is located approximately 125 feet north of the existing residence. The 12-foot high stable structure consists of composition shingle roof and "rustic" redwood exterior walls. Two 8-foot high water tanks have been relocated approximately 200 feet south east of the main residence. The tractor shed, agricultural barn and mobilehome are clustered in the eastern portion of the parcel. The 1,200 sq. ft., single-story mobilehome is composed of composition roof with aluminium siding. The 2,460 sq. ft. tractor shed and 200 sq. ft. agricultural barn are composed of metal roofs with plywood siding.

The project is located at 1589 Higgins Canyon Road and is within the Higgins-Purisima County Scenic Corridor.

On January 15, 2002, the Board of Supervisors considered an appeal of the Planning Commission's approval of the subject project. The Board continued the item for 90 days to:

1.

Have the applicant pay all fees due for planning, building and environmental health permits and approvals, including all applicable investigation fees and penalties due for construction without permits.

2.

Have staff record a notice of violation, to be released only when all required permits are finaled.

3.

Have the Environmental Health Division investigate and clarify sewage disposal and water supply issues and their proposed resolution.

4.

Have Planning and Building Division verify that the main house complies with approved plans and determine the appropriate remedy if it does not.

STATUS OF THE FOUR REQUESTED ITEMS

Date

Staff Action/Request

Applicant's
Response

February 5, 2002

Notice of Building Code Violations sent by regular and certified mail, and also hand delivered to site (Attachment A)

No response

This letter was a prerequisite to the action taken on March 13, below, and advised the applicant that the Building Inspection Section would initiate administrative procedures that could result in recordation of violation against the title of the property.

February 11, 2002

Notice of Request for Inspection sent by facsimile, regular mail and certified mail (Attachment B).

This letter requested the following:

1.

Grant permission by February 20, 2002 for County staff to conduct inspections regarding items 3. and 4. in the preceding section of this report.

*

2.

Failure to respond to request of permission for inspection would be construed as refusal. This would compel County to seek an Inspection Warrant.

3.

Payment of all outstanding fees ($27,238.50) by March 16, 2002.

**

March 13, 2002

Notice of Violation recorded against the title of subject property (Attachment C).

N/A

March 26, 2002

Inspection warrant obtained by County Counsel.

N/A

April 2, 2002

Inspection scheduled.

N/A

*

Received a letter from applicant's attorney, Ted Manning, dated February 20, 2002
(see Attachment D). Refused to comply voluntarily to inspection request.

**

Declined to pay fees and fines (see Attachment D).

At the time of writing this report, an inspection of the subject property has been scheduled for April 2, 2002, to investigate water supply and sewage disposal issues, and verify the size of the main house and its conformance with previously approved plans. Staff will present the findings and results of the inspection at the public hearing on April 16, 2002.

ALTERNATIVES

Provide guidance to staff with regard to further processing of these permits based on (1) results of the inspection scheduled for April 2, 2002, and (2) the status of the payment of fees at the time of the public hearing.

As an alternative, the Board could continue the matter for 30 days (May 14) and direct staff and County Counsel to draft findings for denial of the requested permits if the fees remain unpaid and/or the inspection results are unsatisfactory. If no permits are approved, then the property is in violation of County codes and further enforcement or abatement action would be in order.

VISION ALIGNMENT

The proposal to legalize several structures, including a mobilehome as an affordable housing unit, keeps the commitment of offering a full range of housing choices and Goal Number 9: Housing exists for people at all income levels and for all generations of families. This proposal contributes to this commitment and goal by providing a designated affordable housing unit.

ATTACHMENTS

A.

Copy of the Notice of Building Code Violations dated February 5, 2002.

B.

Copy of the Notice of Request for Inspection letter dated February 11, 2002.

C.

Copy of the recorded Notice of Violation.

D.

Copy of Ted Hanning's (applicant's attorney) letter dated February 20, 2002.