COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

Date:

April 10, 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:

Addendum to 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 mobile home 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. This project is appealable to the California Coastal Commission.

County File Number:

PLN 1999-00079 (Oscar Braun)

BACKGROUND

This is an addendum to our earlier report dated March 27, 2002. This project is a developing situation. Mr. Braun has retained an attorney, Ted Hannig, who now represents him in this matter. An inspection of the property was completed on April 2, and staff met with Mr. Hannig on April 9. In this report, we: (1) summarize the results of the inspection, and (2) outline the status of fees due.

INSPECTION

On April 2, 2002, County staff conducted an inspection of the above-referenced property. The owner, Mr. Braun, was absent at the time of inspection. His attorney, Ted Hannig, represented him. The inspection ran smoothly and was conducted without any problems.

The table below outlines the findings of the inspection and provides possible remedies.

Problem/Issue

Possible Solution

Structures Included in the Application for Legalization

3-horse stable

Built without permit

Applied for legalization

Two 5,000 gallon tanks

Installed without permit

Applied for legalization

Mobile Home (affordable housing unit)

Installed without permit

Applied for legalization

Tractor Shed

Built without permit

Applied for legalization

Agricultural Barn

Built without permit

Applied for legalization

Structures NOT Included in the Application for Legalization

Addition to the house (approximately 720 sq. ft.)

A "top-story enclosure" added without permit. The original design and Assessor's records indicate this area of the building to be a small access tower to an open sun deck

Include the addition in the application for legalization

Agricultural Well

Agricultural well located 180 feet southwest of stable. Environmental Health Division has no record of permit issuance. Steel casing of this well indicates that it was installed before 1960. Well permits were not required until 1950. It is possible that the well may predate County requirements and be legal. The well appears to be in use and in good condition.

Make a determination that the well predates County well requirements and hence is legal.
OR
Include agricultural well in the legalization application

4-horse stable

Application for legalization of stable included a 3-horse stable. Four horses were found on the property during inspection.

Condition the project to limit total number of horses on the property to three.

Storage shed (126 sq. ft.) adjacent to stable

Built without permit

Include the shed in the application for legalization

Storage container (300 sq. ft.) adjacent to Tractor Shed

Installed without permit

Can either be conditioned to be removed or can be included in the application for legalization.

Septic and Water Supply Issues

Septic system for stable

The illegally installed septic system for stable can meet County requirements if sewage is conducted to the system that serves the main house. Although stable is downhill from the main house, gravity drainage to the septic system is possible if the septic tank is buried deep enough.

Legalization of septic system is part of the application.

Septic system for mobile home

The illegally installed septic system does not meet the required 100-foot setback from the existing, permitted domestic well.

Legalize the septic system by relocating the septic tank to meet all Environmental Health setback requirements.

Problem/Issue

Possible Solution

Water Supply for mobile home

The existing domestic well was documented at 3.02 gallons a minute. This is not an adequate quantity of water to serve the mobile home (5.0 gallons a minute is required).

Possible solutions include:

a.

Retest the water quantity of the domestic well;

b.

Convert agricultural well to domestic well;

c.

Apply to drill additional domestic well.

FEES

Following is a revised summary of the application and investigation fees applicable to work at the Braun property, payments to date and amounts still due. It reflects: (1) payments discovered or received since our March 27 staff report, and (2) the application and investigation fees due for additional unpermitted work discovered during the April 2 inspection, should that work be incorporated into Mr. Braun's pending applications.

Regarding fees paid, Mr. Hannig undertook a complete review of Mr. Braun's records in this matter and discovered a receipt for stable permit application and related fees paid in 1998. Staff was not aware of this payment because it had been recorded under an earlier case number and was never brought to our attention by Mr. Braun. The revised table reflects those payments. Also, on April 9, Mr. Hannig delivered a check in the amount of $1996.50, which, according to his calculations, was the balance due for application fees (not investigation fees) outlined in staff's February 11, 2002 letter to Mr. Braun. The letter accompanying Mr. Hannig's payment is attached.

Staff's conclusion is that total application and investigation fees still due for all of the work outlined in the table in the preceding section of this report is $45,073.24.

Type of Fees

Permit Fee

Investigation Fee

Paid-to-Date

Outstanding Balance

Building Permit Fees

For Items Before April 2, 2002 Inspection

For Stable

Filing Fee

12.50

N/A

Building Permit Fee

475.20

(4,750) 3,000.00¹

Electrical Fee

36.00

360.00

Plumbing Fee

36.00

360.00

For Mobile Home

Filing Fee

12.50

N/A

Building Permit Fee

500.00

N/A

Electrical Fee

36.00

N/A

Plumbing Fee

36.00

N/A

Types of Fees

Permit Fee

Investigation Fee

Paid-to-Date

Outstanding Balance

For Tractor Shed

Filing Fee

12.50

N/A

Building Permit Fee

811.80

(8,118) 3,000.00¹

Electrical Fee

36.00

360.00

For Agricultural Barn

Filing Fee

12.50

N/A

Building Permit Fee

66.00

660.00

For Water Tanks

Filing Fee

12.50

N/A

Building Permit Fee

198.00

1,980.00

Plumbing Fee

36.00

360.00

For Items After April 2, 2002 Inspection

For Addition to the House

Filing Fee

12.50

N/A

Building Permit Fee

439.20

(4,750) 3,000.00¹

Mechanical Fee

108.00

1,080.00

Electrical Fee

108.00

1,080.00

Plan Check Fee

452.88

N/A

Road Mitigation Fee

972.00

N/A

For Storage Shed Adjacent to Stable

Filing Fee

12.50

N/A

Building Permit Fee

41.58

411.58

For Storage Container

Filing Fee

12.50

N/A

Building Permit Fee

99.00

990.00

Total Building Fees

6,890.16

26,721.58

1,996.50

30,048.08

Planning Fees

For Items Before April 2, 2002 Inspection

Coastal Development Permit -Public Hearing

1,300.00

2,600.00²

1,300.00

1,300.00

Resource Management Permit

214.00

428.00²

214.00

214.00

Stable Permit

1,323.00

2,646.00²

1,323.00

1,323.00

Initial Study and Negative Declaration

833.00

1,666.00²

833.00

833.00

Public Noticing

52.00

104.00²

52.00

52.00

For Items After April 2, 2002 Inspection

Amended Coastal Development Permit - Public Hearing

650⁴

1,300.00²

0.00

1,300.00

Amended Resource Management Permit

107⁴

214.00²

0.00

214.00

Revised Initial Study and Negative Declaration

416.50⁴

833.00²

0.00

833.00

Types of Fees

Permit Fee

Investigation Fee

Paid-to-Date

Outstanding Balance

Environmental Health Fees

Site Exam

333.00

999.00³

0.00

999.00³

Soil Percolation Test

607.00

1,821.00³

0.00

1,821.00³

Septic Permit for Mobile Home

607.00

1,821.00³

0.00

1,821.00³

Well Construction Permit

455.00

1,365.00³

0.00

1,365.00³

Well Certification Permit

461.00

1,383.00³

0.00

1,383.00³

GRAND TOTAL

$14,248.66

$36,543.08

$5,718.50

$45,073.24

¹Investigation fees equal ten times building permit fee, plumbing fee and electrical fee but not to exceed $3,000 per trade. Per Section 9041, total fees for building violations are investigation fees in addition to the permit fees.

²All planning permit fees to be assessed two times the permit fee amount.

³All Environmental Health fees to be assessed three times the amount.

⁴Planning fees for amendment to permits assessed at one-half the permit fee.

Please note that additional fees may be applicable for the following items: (1) building inspection fees as building permits approach finalization, and (2) environmental health fees for either conversion of agricultural well to domestic well or for a new domestic well.

RESPONSE TO TED HANNIG'S LETTER DATED APRIL 9, 2002

1.

Stable Permit and Confined Animal Ordinance

Mr. Hannig contends that the stable permit should be reviewed under the new Confined Animal Ordinance. The new Confined Animal Ordinance for the coastside is pending approval from the California Coastal Commission and, therefore, is not currently in effect. The stable operation, however, under the new regulations, would qualify for a certificate of exemption provided that the Coastal Commission makes no changes to the criteria for exemption. The Board could defer the action on the stable permit until such time as the Confined Animal Ordinance goes into effect.

2.

Investigation Fees

Mr. Hannig states that assessment of investigation fees is inappropriate because under the new Confined Animal Ordinance, it is his "understanding (and that of the Coastal Community) that pre-existing non-conforming uses and structures are subject to a 12-month amnesty program."

Regarding non-conformities, the new Confined Animal Ordinance states that "if a structure was built in accordance with applicable County building regulations, but does not conform with the locational criteria and/or setback requirements, the structure may continue at its present location, and be repaired or upgraded to the extent allowed by the Zoning Regulation Chapter 4 - Zoning Nonconformities, unless the structure is shown to significantly degrade water quality or sensitive habitats, and adequate mitigation is not feasible."

It maybe noted that the investigation fees calculated in the table above include fees not only for the stable structure but also for other structures, i.e. affordable housing unit, various accessory structures, and septic and water supply systems. Investigation fees levied are in accordance with the applicable County ordinances. The purpose, among other things, is to discourage construction and installation of unpermitted structures for the benefit of general public health and welfare and to compensate the County for additional expense involved in dealing with violations.

3.

Issues Raised by the Appellants

Mr. Hannig states that he feels confident that the issues raised by the appellants regarding a helipad, house square footage, night lighting and drainfield-to-well distance would be found to be non-issues after the inspection.

The question of house square footage and drainfield-to-well distance are documented in the table summarizing findings of the inspection. The horse corral area (that does not require any building permits) could potentially be used as a helipad. If the applicants wish to use this area as a helipad, then they would need to apply for a separate permit. The project before the Board does not include approval of a helipad and would be conditioned accordingly. The exterior lighting of the structures was found to be in compliance with the applicable County regulations.

OPTIONS

The Board has two possible courses of action:

1.

Reach an agreement on fees due; direct the applicants to incorporate the additional items found during April 2 inspection into their application for legalization; and continue the item to allow time for resolution of pending issues. The project would be renoticed and rescheduled for a public hearing at a future date.

2.

Deny the permits and direct staff and County Counsel to pursue abatement of all work done without permits.

ATTACHMENTS

A.

Warrant Return and Inventory.

B.

April 9, 2002 Letter from Ted Hannig to Marcia Raines.