COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

Date:

April 21, 2003

Set Time

9:30 a.m.

Board Meeting Date:

May 6, 2003

To:

Honorable Board of Supervisors

From:

Marcia Raines, Director of Environmental Services

Subject:

SUPPLEMENTAL STAFF REPORT: Consideration of an appeal of Planning Commission's decision to approve a Coastal Development Permit for an expansion to Barbara's Fishtrap Restaurant that would allow development of a new enclosed deck and increase indoor seating capacity by from 63 to 95. The project is located at 281 Capistrano Road, in the unincorporated Princeton area of San Mateo County. This project is appealable to the California Coastal Commission.

RECOMMENDATION

Continue this item to June 10, 2003 Public Hearing

BACKGROUND

Your Board first considered this item at your March 4, 2003 meeting. Based on the information provided by staff and evidence presented at the hearing, the item was continued to 9:30 a.m., May 6, 2003 to allow the parties time to enter into mediation and address issues raised by the proposed development. The Board also directed County Counsel to provide information and assistance on the mediation process.

DISCUSSION

On March 6, Fredrick Lyon, attorney for Keet Neerhan wrote to Barbara Walsh (owner) and Rick Pedley (applicant) in an effort to convene a mediation. This was followed by a letter from County Counsel to both parties urging them to mediate. On April 10, 2003 Michael Stevens, attorney for Barbara Walsh wrote a letter suggesting a potential continuance of the matter in order to address the issues prior to the hearing. (Please see attachments for all mentioned correspondence).

We recommend a continuance because: (1) both sides seem willing to engage in that process and (2) the request to continue has come from the applicant, the party that would normally suffer most from further delay.

If your Board chooses not to continue the matter, staff's recommendation on the project remains unchanged, i.e. deny the appeal and uphold Planning Commission's decision to approve the project.

VISION ALIGNMENT

The proposal to expand an existing restaurant keeps the commitment to redesign our urban environment to increase vitality, expand variety and reduce congestion and Goal Number 12: Land use decisions consider transportation and other infrastructure needs as well as impacts on the environment and on surrounding communities. This proposal contributes to this commitment and goal by expanding on an existing facility and having marginal impact on the environment and on surrounding neighborhoods.

ATTACHMENTS

A.

Letters Dated April 17 to Frederick Lyon from Michael Stevens and April 10, 2003 to Michael Murphy, Chief Deputy County Counsel from Michael Stevens

B.

Letter Dated April 7, 2003 to Michael Murphy, Chief Deputy County Counsel from Frederic Lyon

C.

Letter Dated April 1, 2003 to Barbara Walsh, Richard Pedley and Frederick Lyon from Michael Murphy, Chief Deputy County Counsel

D.

Letter Dated March 6, 2003 to Richard Pedley from Federick Lyon

E.

Letter Dated March 6, 2003 to Barbara Walsh from Federick Lyon

F.

Staff Report for March 4, 2003 Board of Supervisors Meeting