20030610_m



COUNTY OF SAN MATEO ENVIRONMENTAL SERVICES AGENCY


Date:									May 23, 2003

Set Time:									10:30 a.m.

Hearing Date:									June 10, 2003


To:			Honorable Board of Supervisors

From:			Marcia Raines, Director of Environmental Services

Subject:			Consideration of an appeal of the Planning Commission's decision to approve a Coastal Development Permit, Planned Agricultural Development Permit, Architectural Review and Grading Permit pursuant to Sections 6328.4, 6353, 6561, and 8602.1, respectively, of the County Zoning Regulations and County Ordinance Code, to construct an 8-car parking lot and 5,253 foot long trail on a 2,022 acre parcel located east of Cabrillo Highway, approximately 1/2-mile east of the Pigeon Point Lighthouse. This project is appealable to the California Coastal Commission.

			County File Number:					PLN 2000-00225 (POST)


RECOMMENDATION

Deny the appeal and uphold the decision of the Planning Commission to approve the Coastal Development Permit, Planned Agricultural Development Permit, Architectural Review and Grading Permit, County File No. PLN 2000-00225, by adopting the required findings and conditions of approval in Attachment A.

PROPOSAL

The applicant, Peninsula Open Space Trust (POST), is proposing to construct an 8-car parking lot with an asphalt entry road and gravel parking area. A 5,253 linear foot trail will connect the parking lot to a small overlook area at the southern end of the project parcel. The trail will be approximately five feet wide and less than or equal to 5% grade along its entire length. The trail has been designed to be wheelchair accessible and less intrusive on the surrounding habitat. Construction of the trail and parking lot will require approximately 983 cubic yards of cut and 924 cubic yards of fill. Construction of the trail will require the repair of two incipient gullies. The applicant has proposed a landscape plan which calls for extensive planting of shrubs and hydroseeding of disturbed areas for erosion and sediment control.

BACKGROUND

Report Prepared By: Michael Schaller, Project Planner, Telephone 650/363-1849

Appellants: Ron Sturgeon and George Cattermole (Coastside Habitat Coalition)

Applicant/Owner: Peninsula Open Space Trust (POST)

Location: Pigeon Point Road, east of Highway 1

APNs: 086-280-280, 086-300-090 and 086-310-010

Existing Zoning: PAD (Planned Agricultural District)

General Plan Designation: Agriculture

Sphere-of-Influence: None

Existing Land Use: Open range land

Water Supply: Not Applicable

Sewer Disposal: Not Applicable

Flood Zone: Zone C (Areas of Minimal Flooding), FEMA Panel 060311 0400B, Date: July 5, 1984

Environmental Evaluation: Revised Negative Declaration issued with a public review period between January 27, 2003 and February 17, 2003.

Setting: The proposed trail and parking lot will be constructed in coastal scrub and grassland/ scrub mosaic habitat types. Other habitat types in the project vicinity include willow thicket and open water/fresh water marsh. Land use on the subject parcel can be categorized as fallow agricultural land. The subject parcel was farmed for flax during the 1940s and 1950s and has been used as rangeland for cattle. However, no active agriculture has been practiced on the subject parcel for a significant amount of time. This is the first non-agricultural improvement proposed on these parcels. Surrounding land uses include active rangeland and rural residences. The Pigeon Point Lighthouse is approximately 4,000 feet to the west. The topography of the project site slopes upwards from the parking area, at approximately 110 feet above sea level, up to the end of the proposed trail at 370 feet above sea level. Water resources in the project vicinity consist of an unnamed intermittent creek, approximately 600 feet northwest of the proposed parking lot. This drainage flows roughly southwesterly and crosses under Pigeon Point Road via a culvert. This drainage then flows into a man-made agricultural pond located on the west side of Pigeon Point Road approximately 1,200 feet west of the proposed parking lot.

Chronology:

Date							Action

March 29, 2000						-	Application received.

October 25, 2000						-	Planning Commission public hearing. This project was continued pending the submittal of additional information regarding: (1) potential impacts to endangered species; (2) feedback from the Agricultural Advisory Committee; (3) more extensive noticing of neighbors and the review period for the Negative Declaration; (4) separation of uses on the project site and loss of agricultural land.
							&&
November 13, 2000						-	Agricultural Advisory Committee reviews the project and recommends approval.

November 22, 2000						-	Second Planning Commission hearing. Project approved as originally proposed.

December 5, 2000						-	Appeal filed.

September 4, 2001						-	Site visit with applicant and Chris Kern of the California Coastal Commission.

June 26, 2002						-	After numerous conversations with staff, the U.S. Fish and Wildlife Service and the Coastal Commission, applicant submits revised plans moving the proposed parking lot and trail to the location indicated on Attachments B and C.

January 27, 2003						-	Revised Negative Declaration circulated for public comment.

March 26, 2003						-	Planning Commission public hearing regarding revised project design and location. Project approved as revised.

April 8, 2003						-	Appellants submit revised appeals on the new project.

June 10, 2003						-	Board of Supervisors public hearing.

DISCUSSION

A.	PREVIOUS ACTION

	The Planning Commission voted 5-0 to approve the revised project. In doing so, the Commission adopted the proposed findings and conditions as presented by the Planning Division in Attachment A of the staff report.

B.	KEY ISSUES OF THE APPEAL

	1.	Staff received appeals from two appellants of this project: George Cattermole, representing Coastside Habitat Coalition, and Ron Sturgeon. The points raised in each appeal will be addressed separately.

		George Cattermole submitted an e-mail with the following two issues:

		a.		(Will) Fish and Wildlife's suggestions for mitigating the negative effects of the project on the California Red-Legged Frog and the San Francisco Garter Snake be followed by POST and if not, why not?

				Staff Response: As part of their design process for this project, the applicant consulted with the U.S. Fish and Wildlife Service. This was not required by the County. As a result of this consultation, the Service made a recommendation on measures which could reduce the potential for predation of San Francisco garter snakes and red-legged frogs on Pigeon Point Road due to vehicular traffic. This recommendation was modified by staff and has been renumbered as Condition No. 18 in Attachment A. The Service recommended allowing only local access on Pigeon Point Road north of the parking lot or installing box culverts under the road to allow for passage.

				Staff is not an expert in this field. Hence, staff incorporated the Service's recommendations, but modified them to place the burden back on the applicant to provide evidence as to why one or the other, or neither option should be adopted. It is difficult at this time to determine how much traffic this proposed trail will generate. It is possible that this use will not generate traffic above that which is typical of the area. Because of the complexity in determining potential traffic volumes generated by this use, it is difficult to determine if there will be a significant impact upon snake and frogs due to increased vehicle traffic. Any potential increase in traffic volumes will not be realized until the parking lot and trail have been completed and in service for a period of time. Therefore, staff is recommending that Condition No. 18 be modified as follows (new language in bold):

				18.	Within 12 months of the completion of this project, the applicant shall submit a report, prepared by their biologist, to the Planning Director which determines if there has been a significant increase in vehicle traffic on Pigeon Point Road caused by the project and any impacts on San Francisco garter snake or California red-legged frogs on Pigeon Point Road in the vicinity of the parking lot due to such increased vehicle traffic. The report shall recommend measures to reduce vehicle impacts upon both species. If it is determined by the Planning Director that these measures would significantly reduce potential impacts to these species, then the applicant shall apply for the appropriate permits to carry out the project. Measures may include those measures recommended by the U.S. Fish and Wildlife Service which are: 1) allowing only local access on Pigeon Point Road north of the parking lot; or 2) installing box culverts beneath Pigeon Point Road to allow for safe passage of animals.

				The applicant is under an obligation to comply with all of the conditions of approval for this or any project. The applicant has shown in the past a willingness to comply with the requirements of the law. If the applicant's biological consultant determines that U.S.F.W. recommendations, or other potential measures, would be significantly beneficial, then the applicant is under an obligation to pursue the appropriate permits.

		b.		It is my understanding that there is at least prima facie evidence that this trail may be part of a larger recreational project and if so, CEQA requires that it be considered as such and the future impacts be considered, e.g., an eight car trail connected to a future hundred car trail will have far more negative impact on the species there.

				Staff Response: Staff believes the appellant is referring to a conceptual plan which was prepared for POST when they first purchased the Cloverdale Ranch property. This concept plan outlined many potential uses for the property, including recreation. This concept plan was never officially "adopted" by POST. However, as a private entity, they are not required to do any formal land management planning of their property. The County Parks Department has also prepared a Master Trails Plan for the entire County which shows, conceptually, a trail crossing the Cloverdale Ranch property. The idea of constructing a trail across POST's land came from the Trails Advisory Committee and not the property owner. This was confirmed by Sam Herzberg, County Parks Planner, who oversaw the preparation of the County trails plan.

				The issue of whether this project is or could be part of a larger project was discussed at public hearings including the Planning Commission and the Agricultural Advisory Committee. Staff has asked POST whether they have any intention of constructing additional trails off of this proposed project. They have stated that they do not. Construction of additional trails would require additional environmental review, possibly at the EIR level. The applicant has stated to staff that this is a course that they are not interested in pursuing. If a proposal to construct additional trails on this property is ever submitted to the County, then that proposal will have to show compliance with CEQA and the County's LCP.

		Ron Sturgeon submitted his points of appeal on the standard appeal form. The following is a summary of the points raised by Mr. Sturgeon:

		c.		The mitigated negative declaration prepared for this project was not prepared in accordance with CEQA and is "incomplete, incorrect, and inadequate" - specificity as to this assertion was furnished to Planning Staff and the Commission. Feasible alternatives mitigating both acknowledged and unacknowledged remaining significant environmental impacts were not seriously considered.

				Staff Response: Mr. Sturgeon is referring to comments he submitted regarding the negative declaration, specifically to potential indirect impacts that this project could have on both the San Francisco garter snake and the red-legged frog. In this comment letter, Mr. Sturgeon contends that Mitigation Measure 10 (closure of Pigeon Point Road or installation of box culverts under the road) is inadequate to address the potential significant impact generated by increased vehicular traffic on Pigeon Point Road. This is essentially the same point as raised above by Mr. Cattermole. The genesis for this condition was a private consultation that the applicant had with the U.S. Fish and Wildlife Service. The Service's recommendations were based upon the original parking lot location. The applicant has since moved the proposed parking lot location approximately 800 feet to the south. By moving to this location, the parking lot has been moved beyond the 300 ft. upland buffer that the U.S.F.W. recommend around primary habitat areas for the frog and snake. Additionally, by moving the parking lot to the new location, the south end of Pigeon Point Road now becomes the primary access route. In order to ensure that the public uses the south end of Pigeon Point Road as the primary access, staff recommends the following new condition:

				17.	Prior to the issuance of the grading permit "hard card," the applicant shall submit a signage plan to the County Planning Division for review and approval. Signage shall be minimal in character and consist of material and colors compatible with this rural setting. Signage shall be placed on Cabrillo Highway, no more than 100 feet from the south end of Pigeon Point Road. Additionally, a sign shall be placed at the exit of the parking lot notifying drivers that left hand turns only, are allowed. Prior to the placement of said signs, the applicant shall obtain encroachment permits from the County Public Works Department or CalTrans, as applicable. The applicant shall submit copies of the encroachment permits to the Planning Division for the file. Said plan shall be implemented prior to a final sign off on the grading permit.

		d.		The project, as conditioned, is non-conforming with local land use planning policies directed at protecting (on a practical level) agricultural viability.

				Staff Response: As pointed out in the staff report to the Planning Commission and in discussions before both the Commission and the Agricultural Advisory Committee, the construction and use of this trail will not be incompatible with use of this site and surrounding parcels as grazing land. Conditions have been placed on this project that require the applicant to erect fencing IF they feel that fencing is necessary to protect users of the trail from grazing cattle. Staff would like to point out that there are several local examples of recreational trails and cattle grazing successfully co-existing without fences to separate the two uses. Sunol Wilderness, owned and maintained by the East Bay Municipal Parks District, is an example.

C.	KEY ISSUES

	1.	Conformance with General Plan

		The project complies with General Plan Policies pertaining to Wildlife Resources, Visual Quality. The applicable policies are discussed as follows:

		Chapter 1 - Vegetative, Water, Fish and Wildlife Resources.

		The revised project complies with Policy 1.23 (Regulate Location, Density and Design of Development) which regulates development to minimize significant adverse impacts to vegetative, water, fish and wildlife resources. To construct the parking area, the applicant will need to clear approximately 5,000 square feet of brush. To offset this loss of habitat, the applicant has proposed an extensive replanting plan using native plants. A condition has been added requiring the applicant to install this landscaping, prior to the Planning Division's final approval on the grading permit.

		Chapter 4 - Visual Quality

		Policies 4.21 (Scenic Corridors), 4.25 (Earthwork Operations) and 4.28 (Trees and Vegetation) apply to this project. The project site is within the Cabrillo Highway State Scenic Corridor. These policies together require that development, including grading operations, minimize visual impacts within scenic corridors through the proper location of development, the blending of cut slopes with adjacent contour lines and the preservation/replacement of vegetation. The proposed location of the parking lot will be at a higher elevation than Cabrillo Highway. Drivers on the Highway will only see the revegetated berm of the parking lot. The proposed grading plan avoids excessive cutting into the low hillside on which the project is located, and extensive revegetation of the project site has been proposed, as was discussed above.

	2.	Conformance with Local Coastal Program (LCP)

		The proposed project, as revised, is in conformance with the Local Coastal Program (LCP). Staff has completed a Local Coastal Program Checklist and the following LCP components are relevant to this project:

		a.		Compliance with Agriculture Component

				The project site meets the definition of "Lands Suitable for Agriculture" as defined by Policy 5.3. Policy 5.6 enumerates the various uses allowed on this category of lands. Public recreation and shoreline access trails are conditionally allowed by this policy.

				Policy 5.10 (Conversion of Land Suitable for Agriculture Designated as Agriculture). This policy prohibits the conversion of lands suitable for agriculture within a parcel to conditionally permitted uses unless all of the following can be demonstrated:

				(1)	All agriculturally unsuitable lands on the parcel have been developed or determined to be undevelopable.

					Based upon the San Mateo County Soil Survey and the definition of "Lands Suitable for Agriculture," there are no areas of land on this parcel that could not be used for some form of agriculture, including grazing. Therefore, the constraints of the parcel preclude development of "unsuitable" lands.

				(2)	Continued or renewed agricultural use of the soils is not feasible as defined by Section 30108 of the Coastal Act.

					There is no agriculture currently being practiced on this parcel. Because of the hilly nature of the site, row crops would not be advisable due to the high potential for erosion. According to the San Mateo County Soil Survey, soil quality on the site is marginal, thus precluding most types of crops. However, the applicant is considering controlled grazing on this, and adjacent parcels in the future. There are no structures or uses proposed by this project that would preclude future use of the parcel for grazing.

				(3)	Clearly defined buffer areas are developed between agricultural and non-agricultural uses.

					As stated above, there is no agriculture currently being practiced upon this or adjacent parcels, which are owned by the applicant. The nearest active agricultural operation is approximately 1,000 feet away, on the other side of Pigeon Point Road. As stated above, the most likely form of agriculture for this site would be grazing. If the applicant were to resume grazing on this parcel at a future date, they would be obliged to erect fencing to separate the trail/parking area from grazing areas to avoid liability issues. A condition will be added requiring the construction of fencing if cattle grazing is resumed on the project parcels.

				(4)	The productivity of any adjacent agricultural lands is not diminished.

					As stated above, there is no agriculture currently being practiced upon this or adjacent parcels, which are also owned by the applicant. Staff believes that the nature of this project and the lack of significant structures will not significantly impact the potential for agricultural use of adjacent lands.

				(5)	Public service and facility expansions and permitted uses do not impair agricultural viability, including by increased assessment costs or degraded air and water quality.

					No public services or facilities will need expansion to accommodate this project.

		b.		In response to Policy 7.5 of the County LCP, the applicant had a biological impact study prepared for this project. This study was prepared by Dana Bland & Associates and is included as Attachment E. The study found that there are four primary habitat types within the project area. In summery, these are:

				Coastal Scrub: The hillsides adjacent to Pigeon Point Road are dominated by thickets of coastal scrub vegetation. Plant species typical of the scrub habitat include coyote brush, poison oak, and coffee berry. The scrub in the vicinity of the proposed parking lot also includes a small grove of Douglas fir and wax myrtle trees. The small drainage north of the parking lot is dominated by coastal scrub, although there are patches of willow. Special status plant species that may occur within the scrub habitat of the project area include Blasdales bent grass, coast lily, coast rock cress, Hickman's cinquefoil, and Michael's rein orchid. None of these special status species were observed in the proposed parking lot area. Special status animal species that may inhabit the coastal scrub area include nesting loggerhead shrike and San Francisco garter snake. The study did not identify any shrike or garter snakes during its review.

				Grassland/Scrub Mosaic: A mosaic of scrub and grasslands occur in the project area. This mosaic is evident on the upper hillsides east of Pigeon Point Road and on hillsides west of the road. The proposed trail east of the road would traverse through this habitat type. The grassland/scrub mosaic is dominated by annual, non-native grasses, such as soft chess, Farmers foxtail, and wild oat. Small patches of native grasses, purple needlegrass and California oatgrass were observed in the uppermost areas. Shrubs of coyote brush and poison oak are scattered among the grassland plants. West of Pigeon Point Road, the grassland/ scrub mosaic supports a higher percentage of native grasses, particularly purple needlegrass. This area also includes toyon, scattered Douglas fir and wax myrtle.

				Sensitive plant species may occur in the grasslands at the project site, such as Gairdner's yampah, Hickman's cinquefoil, Point Reyes meadowfoam and white-rayed pentachaeta. None of these species have been documented in the proposed parking lot site, based on surveys conducted during preparation of the Cloverdale Ranch Conservation Plan.

				Grasslands provide an important foraging resource for a wide variety of wildlife species. The grasses and forbs produce an abundance of seeds and attract numerous insects, providing food for a range of smaller wildlife. Sparrows, rabbits and rodents are commonly found in this habitat. Consequently, grasslands are valuable foraging sites for raptors such as hawks and owls, and other predators including coyote, fox, skunk and snakes. Special status wildlife species that may utilize the grasslands on the project site for portions of their life cycle include San Francisco garter snake (for winter hibernacula or for foraging), southwestern pond turtle (for nesting), and northern harrier. No members of these species were identified during the preparation of this study.

				Open Water Pond/Freshwater Marsh: The farm pond west of Pigeon Point Road supports an open water area and a fringe of freshwater marsh along the shoreline. Typical plant species include bulrush, umbrella sedge, willow and poison oak. The marsh transitions to coastal scrub and grassland/scrub mosaic. The presence of native wetland plants and open water increases the wildlife value of the marsh and ponds by providing cover, breeding sites and a food base of diversified aquatic invertebrate fauna, which forms a link in many food webs. Special status wildlife species that may utilize this freshwater marsh/ponds include California red-legged frog, southwestern pond turtle, and San Francisco garter snake. The northern harrier may also nest in and forage over the marshes. No members of these species were identified during the preparation of this study.

				Willow Thicket: The intermittent drainage occurring north of the proposed parking lot supports discontinuous patches of willow-dominated thickets. Arroyo willow is the dominant tree species, however there are scattered occurrences of red alder and wax myrtle. Understory species are sparse and are plants typical of the adjacent coastal scrub, such as California blackberry and poison oak. The willow thickets and intermittent drainage provide food, cover, and seasonal water source for wildlife. Common wildlife species that use this habitat include Pacific tree frog, western aquatic garter snake, Wilson's warbler, several swallows, and raccoon. Special status wildlife species that may utilize this willow area include California red-legged frog and San Francisco garter snake. No members of these species were identified during the preparation of this study.

				Policy 7.1 (Definition of Sensitive Habitats) defines sensitive habitats to include all perennial and intermittent streams and their tributaries, lakes and ponds and adjacent shore habitat. There is an agricultural pond with extensive riparian habitat associated with it, approximately 1200 feet northwest of the proposed parking lot. Also, there is an intermittent stream with some riparian habitat, approximately 400 feet north of the parking lot. Additionally, the biological report prepared for this project identified the potential for loggerhead shrike and northern harrier (both bird species) to use the grassland areas of the upper project site during their nesting period.

				Policy 7.3 (Protection of Sensitive Habitats). This policy prohibits any land use or development that would have a significant adverse impact on sensitive habitat areas. It also requires that development in areas adjacent to sensitive habitats be sited and designed to prevent impacts that could significantly degrade these areas. All uses shall be compatible with the maintenance of biologic productivity of the habitats. In order to avoid any potential impact to the nearby intermittent stream, the applicant moved their proposed parking lot to a location over 300 feet from the edge of the stream's riparian vegetation. This also brings the project into compliance with Policy 7.11 (Establishment of Buffer Zones for Riparian Corridors). Additionally, mitigation measures have been recommended by the biological consultant to avoid any potential impact to the shrike or the harrier. These recommendations have been included as conditions of approval for this project.

				Policy 7.11 (Establishment of Buffer Zones for Riparian Corridors). As stated previously, this policy requires the establishment of buffer zones around riparian corridors, 30 feet outwards, in the case of intermittent streams. The project has been sited and designed to be completely outside of this 30 feet buffer.

		c.		Compliance with Visual Resources Policies

				Policy 8.9 (Trees) requires new development to be located and designed to minimize tree removal. The proposed parking lot has been designed so as to avoid the removal of a large Douglas fir which is adjacent to the site and is a significant visual resource in this project area. The project complies with Policy 8.10 (Vegetative Cover) which requires the replacement of vegetation removed during construction. As stated previously, the applicant has included an extensive revegetation plan as part of this project. The project complies with Policy 8.17 (Roads and Grading) and Policy 8.18 (Development Design) which require development (including grading) to blend with and be subordinate to the environment and the character of the area where located. The parking area and trail alignment have both been designed to minimize the amount of cut and fill required to construct them and reduce the amount of cut slope "faces."

		d.		Compliance with Recreation/Visitor-Serving Facilities Component

				The project is in compliance with the locational criteria contained in Policy 11.4 (Recreation and Visitor-Serving Facilities Permitted in the Coastal Zone), in that it is designed to enhance public opportunities for coastal recreation and does not substantially alter the natural environment.

				Policy 11.11 (Agricultural Areas). This policy permits the location of public recreation facilities on lands suitable for agriculture when in compliance with the conversion policies of the Agriculture Component. As outlined above, this project is in compliance with Policy 5.10 (Conversion of Land Suitable for Agriculture Designated as Agriculture). This policy also permits low intensity facilities to locate adjacent to existing agricultural operations or undeveloped agricultural land when separated from agricultural operations by distance or barriers, such as fences. As stated above, there is no agriculture currently being practiced upon these or adjacent parcels, which are owned by the applicant. The nearest active agricultural operation is approximately 1,000 feet away, on the other side of Pigeon Point Road. As stated above, the most likely form of agriculture for this site would be grazing. If the applicant were to resume grazing on this parcel at a future date, they would be obliged to erect fencing to separate the trail/parking area from grazing areas to avoid liability issues. However, to ensure the public's safety, a condition will be added requiring the construction of fencing if grazing is resumed on the project site.

	3.	Conformance with Zoning Regulations

		Development Requirements. Public recreation trails are an allowed use on non-prime agricultural land, subject to the securing of a Planned Agricultural Permit. The project has also been reviewed with respect to the Substantive Criteria for Issuance of a PAD Permit:

		a.		General Criteria

				(1)	The encroachment of all development upon land which is suitable for agricultural use shall be minimized.

					The project parcel is very hilly with no discernable flat areas to allow for farming. Primary use of the property in the past has been for grazing. The proposed parking lot is in an area that is currently covered in coastal brush. The proposed alignment for the trail crosses a portion of the parcel which could be used for grazing, however, there is no structure or other impediment that would prevent future use of the parcel for grazing.

				(2)	All development permitted on-site shall be clustered.

					The parking lot will be located immediately adjacent to Pigeon Point Road, thus reducing the amount of land conversion. The vast majority of the parcel will remain undeveloped.

				(3)	Every project shall conform to the Development Review Criteria contained in Chapter 20A.2 of the San Mateo County Ordinance Code

					The project has been reviewed against these criteria. The project complies with the site design criteria by minimizing alterations to the topography and vegetation of the site and does not encroach upon any sensitive habitats.

		b.		Criteria for the Conversion of Lands Suitable for Agricultural and Other Lands

				The project site is located on soils which are designated as "Lands Suitable for Agriculture and Other Lands." The criteria for conversion of these lands is as follows:

				(1)	All agriculturally unsuitable lands on the parcel have been developed or determined to be undeveloped

					All the soils on the site are designated as "Lands Suitable." The site is characterized by severely rolling topography which does not lend itself to growing crops. The site is used for cattle grazing and could continue to be used for that purpose in the future.

				(2)	Continued or renewed agricultural use of the soils is not capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors

					Only a small portion of the subject parcel will be converted to a non-agricultural use. The proposed parking lot and trail will not impede future economic use of the property, if the property owner chooses to use the land for grazing.

				(3)	Clearly defined buffer areas are developed between agricultural and non-agricultural uses

					As previously discussed, there is no active agriculture occurring on the parcel at the present. However, if the applicant were to run cattle on these parcels at some point in the future, it would be in their own best interest to erect fencing to separate trail users from the cattle.

				(4)	The productivity of any adjacent agricultural lands is not diminished, including the ability of the land to sustain dry farming or animal grazing

					The proposed parking lot and trail will not impact agricultural operations on adjacent parcels. The location of the parking lot is over 500 feet from the nearest property line. Cattle grazing is the primary agricultural use on adjacent parcels. The proposed parking lot and trail will not be in conflict with these continuing uses.

				(5)	Public service and facility expansions and permitted uses do not impair agricultural viability, either through increased assessment costs or degraded air and water quality

					There will be no new extension of water, sewer, or road services to accommodate this proposed use. There will be no impact to the assessments of adjacent agricultural uses, nor will the air or water quality be affected by this quasi-public recreational development.

	4.	Conformance with County Grading Regulations

		Planning staff reviewed the proposal against the required findings for a grading permit. After conducting an environmental review as required by CEQA, and consulting with the Department of Public Works and the County Geotechnical Section, staff found that there will not be a significant adverse affect on the environment. The revised project conforms to the criteria for review contained in the Grading Ordinance, including an erosion and sediment control plan. Finally, as outlined above, the project conforms to the General Plan. In order to approve this project, the Board of Supervisors must make the required findings contained in the Grading Regulations. The findings and supporting evidence are outlined below:

		a.		That the project will not have a significant adverse affect on the environment.

				After conducting an environmental review as required by CEQA, the Planning Commission found that, if all mitigation measures are implemented, there will not be a significant adverse affect on the environment.

		b.		That the project conforms to the criteria of the San Mateo County Grading Ordinance and is consistent with the General Plan.

				The project conforms to the criteria for review contained in the Grading Ordinance, including an erosion and sediment control plan, dust control measures, and revegetation plans. As outlined above, the project conforms to the General Plan.

D.	ENVIRONMENTAL REVIEW

	An Initial Study was completed and a Negative Declaration issued in conformance with CEQA guidelines. The public review period for this document was January 27, 2003 through February 17, 2003.

E.	REVIEWING AGENCIES

	Department of Public Works
	Environmental Health Division
	Building Inspection Section
	Coastal Commission
	Sonoma State University

VISION ALIGNMENT

The proposed project keeps the commitment of "Preserve and provide people access to our natural environment" and Goal Number 14: "Residents have nearby access to green space, such as parks and recreational opportunities." This proposed trail will allow the public to enjoy the majestic views of the South Coast of San Mateo County. The proposed project also achieves Goal Number 20: "Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain." There has been substantial analysis of the potential impacts generated by this project upon the environment and surrounding properties. At Staff's urging, the project has been redesigned to reduce potential impacts to endangered species. Numerous conditions have been added to the project to reduce all remaining impacts to a level that is less than significant.

FISCAL IMPACT

None.

ATTACHMENTS

A.	Recommended Findings and Conditions of Approval
B.	George Cattermole's Appeal
C.	Ron Sturgeon's Appeal
D.	Site Plans
E.	Negative Declaration (with Biological Report)

MS:cdn - MJSN0720_WCU.DOC


Attachment A

COUNTY OF SAN MATEO
ENVIRONMENTAL SERVICES AGENCY

RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL

Permit or Project File Number: PLN 2000-00225				Hearing Date: June 10, 2003

Prepared By: Michael Schaller			For Adoption By: Board of Supervisors


RECOMMENDED FINDINGS

Regarding the Environmental Review, Find:
1.	That the Negative Declaration is complete, correct and adequate and prepared in accordance with the California Environmental Quality Act and applicable State and County guidelines.

2.	That, on the basis of the Initial Study, comments received hereto, and testimony presented and considered at the public hearing, that there is no substantial evidence that the project if subject to the mitigation measures contained in the negative declaration, will have a significant effect on the environment.

3.	That the Negative Declaration reflects the independent judgment of San Mateo County.

4.	That the mitigation measures identified in the Negative Declaration, agreed to by the applicant, placed as conditions on the project, and identified as part of this public hearing, have been incorporated into the Mitigation Monitoring and Reporting Plan in conformance with California Public Resources Code Section 21081.6.

Regarding the Coastal Development Permit, Find:

5.	That the project, as described in the application and accompanying materials required by Section 6328.7 and as conditioned in accordance with Section 6328.14, conforms to the plans, policies, requirements and standards of the San Mateo County Local Coastal Program.

6.	That the project conforms to specific findings required by policies of the San Mateo County Local Coastal Program.

Regarding the Planned Agricultural District Permit, Find:

General Criteria:

7.	That the encroachment of all development upon land which is suitable for agricultural use is minimized.

8.	That all development permitted on-site is clustered.

9.	That the project conforms to the Development Review Criteria contained in Chapter 20A.2 of the San Mateo County Ordinance Code.

Criteria for the Conversion of Lands Suitable for Agricultural and Other Lands:

10.	That all agriculturally unsuitable lands on the parcel have been developed or determined to be undeveloped.

11.	That continued or renewed agricultural use of the soils is not capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

12.	That clearly defined buffer areas are developed between agricultural and non-agricultural uses.

13.	That the productivity of any adjacent agricultural lands is not diminished, including the ability of the land to sustain dry farming or animal grazing.

14.	That public service and facility expansions and permitted uses do not impair agricultural viability, either through increased assessment costs or degraded air and water quality.

Regarding the Grading Permit, Find:

15.	That the project will not have a significant adverse affect on the environment.

16.	That the project conforms to the criteria of the San Mateo County Grading Ordinance and is consistent with the General Plan.

RECOMMENDED CONDITIONS OF APPROVAL

Planning Division

1.	The project shall be constructed pursuant to the plans approved by the Planning Commission. Revisions to the approved grading plan shall be prepared and signed by the Engineer and shall be submitted to the Department of Public Works and the Planning Division for approval "prior to" commencing any work pursuant to the proposed revision.

2.	This Coastal Development Permit shall be valid for one year from the date of approval, in which time the permit to grade shall be issued. Any extension of this permit shall require submittal of an application for permit extension and payment of applicable permit extension fees, no less than thirty (30) days prior to expiration.

3.	The applicant shall work to remove all invasive, exotic weeds, including pampas grass, from the project site, during construction of the parking lot and trail, and continued use of the site.

4.	The applicant shall insure that if, during construction, any evidence of archaeological traces (human remains, artifacts, concentration of shale, bone, rock, ash) are uncovered, then all construction 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 may continue.

5.	The applicant is responsible for ensuring that all contractors minimize the transport and discharge of pollutants from the project site into local drainage systems and water bodies by adhering to the San Mateo County Wide Storm Water Pollution Prevention Program "General Construction and Site Supervision Guidelines," including:

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

	b.	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.

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

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

	Erosion and sediment control during the course of this grading work shall be according to a plan prepared and signed by the Engineer of record, and approved by the Department of Public Works and the Planning Division. It shall be the responsibility of the applicant's engineer to regularly inspect the erosion control measures and determine that they are functioning as designed and that the proper maintenance is being performed. Deficiencies shall be corrected immediately.

6.	The applicant shall include, as part of the above required erosion control plan, a plan for the permanent disposal of excess spoils generated by this grading permit. This permanent disposal plan shall also include erosion control measures.

7.	The applicant shall implement the proposed revegetation/erosion control plan as shown on the plans submitted on November 21, 2002. Said plan shall be implemented within 48 hours of the completion of the grading work.

8.	If the applicant leases this portion of the project site to a rancher for grazing, then the applicant shall enter into negotiations with the rancher to determine if and where fencing will be erected. If the applicant and rancher determine fencing is necessary, then: (1) the property owner shall notify the County in writing that grazing operations have resumed on the parcel, and (2) a three strand, barbed wire fence shall be constructed to separate grazing areas from the trail/parking lot area.

9.	A springtime pre-construction survey shall be conducted by Dana Bland & Associates along the trail alignment where the alignment traverses the grassland/scrub mosaic. The survey shall focus on the identification of any special status plant species, including Gairdner's yampah, Blasdales bent grass, coast lily, coast rock cress, Hickman's cinquefoil, Michael's rein orchid, Point Reyes meadowfoam and white-rayed pentachaeta. If such plants are observed, the trail shall be re-aligned to avoid impacts from trail construction; the trail should be setback at least 20 feet from the rare plant colony(s). The professional hired to conduct the springtime pre-construction survey shall submit a letter to the Planning Division prior to a final grading permit inspection indicating their findings in the field and any modifications from the approved plans that were required.

10.	The applicant shall schedule grading and construction for late summer or early fall (August-September), when it is unlikely that California red-legged frogs will be in dry upland areas, and which is during the active season of the San Francisco garter snake making it likely that any snakes present could escape from construction activities, and to avoid potential disturbance of nesting loggerhead shrike and northern harrier. If this construction schedule is not practical due to other site/construction work activities, then the following bird surveys shall be implemented:

	a.	Survey the coastal scrub habitat within 0.25-mile of each work area to determine if loggerhead shrike are nesting in the scrub habitat. The surveys shall be conducted within 14 days prior to construction. If active nests are found, postpone grading work until all young have fledged.

	b.	Survey the grassland/scrub mosaic habitat within 0.25-mile of each work area to determine if northern harrier are nesting. Conduct the surveys within 14 days prior to construction. If active nests are found, postpone grading/heavy equipment work until all young have fledged.

	These surveys shall be conducted by Dana Bland & Associates or qualified professional of their recommendation. The applicant shall be responsible for any additional costs to cover these surveys. If surveys are required, then the biological consultant of record shall submit a report containing their findings and any necessary modifications to avoid impacts to the above listed species.

11.	Use hand tools (e.g., chain saws) for the clearing of all vegetation within the project footprint, to remove cover and make the area less attractive to San Francisco garter snake.

12.	The applicant shall conduct a pre-construction meeting at the project site and have a biological monitor inform construction personnel prior to beginning work, about the potential presence of San Francisco garter snake and California red-legged frog, their protected status, and that if one is observed, all work in the immediate vicinity of the siting should cease until the animal leaves of its own accord.

13.	The applicant shall have a biological monitor on site during all phases of the project. If snakes/frogs are observed, work is to cease and USFWS should be contacted for advice on procedure.

14.	The applicant shall post interpretive signs along the hiking trail or at the parking lot describing the sensitive wildlife species and its habitat, and stating that collecting or harassing the wildlife is prohibited. The posting of the signs shall be confirmed by Planning staff prior to a final sign off of the project.

15.	To avoid construction-related impacts to San Francisco garter snakes, the applicant is required to install fencing around the entire parking lot work area to completely exclude the animals. The work area must be completely enclosed by a snake-proof barrier so that snakes cannot enter from any side. The fencing will consist of 0.9 m. (0.56 feet) high, 0.31-centimeter (cm) (0.12 inches) mesh filter fabric or hardware cloth. The bottom of the fence will be buried to a depth of approximately 60 mm (2.36 inches). One-way funnel traps (which allow any snakes within the enclosed work area to escape) will be placed every 3.0 m (9.8 feet) along the fence. The funnels will be located close to the ground, with the 0.3 m (0.98 feet) opening tapering to 30 mm (1.18 inches). Once the fencing is installed, workers should clear off the vegetative cover within the fencing in 1.5 - 3.0 m (4.9 - 9.8 feet) wide strips by hand each day, or as necessary. Removal of fencing can commence after all construction is completed. Planning Staff shall confirm that the fencing has been erected prior to commencement of construction activities.

16.	As owner of the agricultural parcels on the west side of Highway 1, the applicant shall require any farmer who leases this land to notify POST when soil fumigants, pesticides, etc. will be applied to these fields when such applications require a buffer which would overlap the proposed parking lot. When such notice is received by POST, they shall close the parking lot for the necessary time to meet State and/or Federal health and safety guidelines. If POST should sell the parcels on the west side of Highway 1, then they shall record this requirement as a deed restriction on the applicable deed.

17.	Prior to the issuance of the grading permit "hard card", the applicant shall submit a signage plan to the County Planning Division for review and approval. Signage shall be minimal in character and consist of material and colors compatible with this rural setting. Signage shall be placed on Cabrillo Hwy., no more than 100 feet from the south end of Pigeon Point Road. Additionally, a sign shall be placed at the exit of the parking lot notifying drivers that left hand turns only, are allowed. Prior to the placement of said signs, the applicant shall obtain encroachment permits from the County Public Works Department or Caltrans, as applicable. The applicant shall submit copies of the encroachment permits to the Planning Division for the file. Said plan shall be implemented prior to a final sign off on the grading permit.

U.S. Fish and Wildlife Service

18.	Within 12 months of the completion of this project, the applicant shall submit a report, prepared by their biologist, to the Planning Director which determines if there has been a significant increase in vehicle traffic on Pigeon Point Road caused by the project and any impacts on San Francisco garter snake or California red-legged frogs on Pigeon Point Road in the vicinity of the parking lot due to such increased vehicle traffic. The report shall recommend measures to reduce vehicle impacts upon both species. If it is determined by the Planning Director that these measures would significantly reduce potential impacts to these species, then the applicant shall apply for the appropriate permits to carry out the project. Measures may include those measures recommended by the U.S. Fish and Wildlife Service which are: 1) allowing only local access on Pigeon Point Road north of the parking lot; or 2) installing box culverts beneath Pigeon Point Road to allow for safe passage of animals.

Department of Public Works

19.	Prior to the start of any grading activities on the project site, the applicant shall be issued a permit to grade from the Planning Division.

20.	The engineer who prepared the approved grading plan shall be responsible for the inspection and certification of the grading as required by Section 8606.2 of the Grading Ordinance.

21.	At the completion of work, the engineer who prepared the approved grading plan shall certify, in writing, that all grading, lot drainage, and drainage facilities have been completed in conformance with the approved plans, as conditioned, and the Grading Ordinance.

22.	No construction work shall occur within the County right-of-way until Department of 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. An inspection fee of $500.00 will be required of the applicant prior to issuance of the above Encroachment Permit by Public Works.

23.	Prior to the issuance of the grading permit, the applicant shall submit, to the Department of Public Works for review and approval, a plan for any off-site hauling operations, including "disposal site for excess material" and "dust and debris control measures."

24.	No grading shall commence until a schedule of all grading operations has been submitted to and reviewed and approved by the Department of Public Works and the Planning Division. The submitted schedule shall include a schedule for winterizing the site.

25.	All grading shall be according to the approved plan by Dillingham Associates. Revisions to the approved grading plan shall be prepared and signed by the engineer and shall be submitted to the Department of Public Works and the Planning Division for approval "prior to" commencing any work pursuant to the proposed revision.

26.	The applicant shall submit a driveway "Plan and Profile," to the Public Works Department, showing the driveway access to the Parking Area 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 access roadway. If a driveway culvert pipe IS NEEDED and allowed, it may not be LESS THAN a 15" diameter. The Department of Public Works; preference is an AC swale and the applicant must provide information that a swale WILL NOT work. The driveway plan shall also include and show specific provisions and details for handling both the existing and the proposed drainage.

VISION ALIGNMENT

FISCAL IMPACT

ATTACHMENTS