COUNTY OF SAN MATEO

Inter-Departmental Correspondence

 

ENVIRONMENTAL SERVICES AGENCY

 
 

DATE:

July 14, 2004

   

SET TIME:

10:00 A.M.

   

BOARD MEETING DATE:

July 27, 2004

 
 

TO:

Honorable Board of Supervisors

 

FROM:

Marcia Raines, Director of Environmental Services

 

SUBJECT:

Consideration of certification of a Negative Declaration and a request for a Minor Subdivision, Lot Line Adjustment and a Street Name Assignment, pursuant to Sections 7010 and 7124, respectively, of the County Subdivision Ordinance, related to the division of a 49,322 sq. ft. parcel into four parcels, at 40 Bishop Lane, in the unincorporated West Menlo Park area of San Mateo County (Appeal from decision of Planning Commission to require preparation of a focused Environmental Impact Report prior to consideration of the request).

 
 

County File Number:

PLN 2002-00445

 

RECOMMENDATION

 

Per the direction given by your Board at your July 6, 2004 hearing, Staff is recommending: 1) Certification of the Negative Declaration, and 2) Approval of the Minor Subdivision, Lot Line Adjustment, and Street Name Change, County File Number PLN 2002-00445, by adopting the required findings and modified conditions of approval in Attachment A.

   

PROPOSAL

 

The applicant, Ted Misselwitz is seeking approval to subdivide a 49,322 sq. ft. parcel to create four residential parcels of 9,242 net sq. ft. (Parcel 1), 13,086 net sq. ft. (Parcel 2), 12,151 net sq. ft. (Parcel 3) and 9,389 net sq. ft. (Parcel 4). Access will be provided via a 170-foot long access easement with a turn-around at the end. The applicant has submitted a Street Name Change application to name this easement “Bishop Oaks Court”. The applicant has also applied for a Lot Line Adjustment with an adjacent property owner. The exchange of land is necessary to facilitate a radius entry onto the access easement.

 

BACKGROUND

 

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

 

Appellant: Ted Misselwitz

 

Applicant: Chandelle LLC

 

Owner: Chandelle LLC

 

Location: 40 Bishop Lane, West Menlo Park

 

APN: 074-301-130

 

Size: 1.13 acres (49,322 sq. ft.)

 

Existing Zoning: R-1/S-7 (Single Family Residential/5,000 sq. ft. minimum parcel size)

 

General Plan Designation: Medium Density Residential (6.1-8.7 d.u./net acre)

 

Sphere-of-Influence: Menlo Park

 

Existing Land Use: Single family residential

 

Water Supply: California Water Service.

 

Sewage Disposal: West Bay Sanitary District.

 

Flood Zone: Zone C (Areas of minimal flooding), Community Panel No. 060311-0265B, Effective Date: July 5, 1984

 

Environmental Evaluation: Revised Initial Study and Negative Declaration issued with a public review period between October 23, 2003 and November 13, 2003.

 

Setting: The project site is bordered by Bishop Lane on the north, San Francisquito Creek to the east, and residential homes to the south and west. The site is bi-level with an upper terrace comprising the majority of the site on the west side. Moving easterly, the site drops down abruptly to a lower terrace adjacent to the creek. Bordering the project site, San Francisquito Creek flows from south to north through disturbed riparian woodland before leaving the project site. There is an existing house, pool, and outbuildings on the site, which will be removed to accommodate the proposed subdivision.

 

Vegetation along the creek bank is dominated by an overstory of coast live oak, alder, willow, buckeyes and California bay trees. The understory consists of a mix of species including blackberries, vinca, French broom, and poison oak. In addition annual grasses and non-native weeds have established on the bank. Coast live oak, madrone and laurel trees, as well as non-native species, such as olive trees, dominate the westerly terrace of the site.

 

The California Department of Fish and Game Natural Diversity Database Maps for this area indicate that the project site lies within an area that could potentially provide habitat for the California Tiger Salamander, the Western Pond Turtle, and the California red-legged frog. However, there are no recorded observations of these species on the project site. Within the Creek itself, steelhead has been observed. The upper terrace of the project site is highly disturbed by existing residential development with associated planting of non-native ornamental plants.

 

Detailed Project Description: The applicant is proposing to subdivide a 49,322 sq. ft. parcel to create four residential parcels of 9,242 net sq. ft. (Parcel 1), 13,086 net sq. ft. (Parcel 2), 12,151 net sq. ft. (Parcel 3) and 9,389 net sq. ft. (Parcel 4). Access will be provided via a 170-foot long access easement with a turn-around at the end. The applicant has submitted a Street Name Change application to name this easement “Bishop Oaks Court”. The applicant has also applied for a Lot Line Adjustment with an adjacent property owner. The exchange of land is necessary to facilitate a radius entry onto the access easement. The neighboring parcel will gain approximately 600 sq. ft. from the exchange and will remain in conformance with the minimum parcel size requirement of this zoning district. The house on the receiving parcel will continue to meet all required setbacks. The existing residence and accessory structures on 40 Bishop Lane will be demolished to accommodate the proposed subdivision. Public utilities will be provided by underground lines. Water will be supplied by the California Water Service. West Bay Sanitary District will provide sewer service to the site. Construction of the proposed access and other required improvements will require approximately 700 cubic yards of cut and fill. Based upon the tentative improvement plans, three trees will be removed to allow construction of the access road.

 

Chronology:

 

Date

 

Action

     

August 1, 2002

-

Application for Minor Subdivision submitted

     

September 18, 2003

-

First Zoning Hearing Officer hearing. Item continued.

     

February 19, 2004

-

Second Zoning Hearing Officer hearing. Item conditionally approved.

     

March 9, 2004

-

Appeal filed by neighbor of project site.

     

April 14, 2004

-

Planning Commission public hearing. The Commission fails to certify the Negative Declaration, which de facto denies the permit. Applicant directed to prepare Focused EIR.

     

April 20, 2004

-

Project applicant files appeal of Planning Commission decision.

     

July 6, 2004

-

Board of Supervisors public hearing. Item continued to July 27, 2004 to allow Staff time to revise the conditions of approval.

 

July 27, 2004

-

Board of Supervisors meeting.

 

DISCUSSION

 

A.

PREVIOUS ACTION

   
 

On April 14, 2004, the Planning Commission heard this project on appeal. At that hearing the Planning Commission declined to certify the Negative Declaration and requested the preparation of a focused Environmental Impact Report (EIR).

   
 

The Planning Commission had concerns regarding the precise location of the “top of stream bank” and whether the proposed setback from this line was sufficient to protect both biological resources and homes from flood damage. Additionally, the Planning Commission expressed concerns regarding the long-term stability of this creek bank. Since the April hearing, the applicant submitted additional information which addresses the concerns raised by the Planning Commission.

   
 

On July 6, 2004, your Board heard an appeal of the Planning Commission decision to require the preparation of a focused EIR for the proposed subdivision. The Board did not determine that a focused EIR was necessary. However, in light of the additional information provided by the applicant prior to the July 6 meeting, the Board continued the matter and directed staff to prepare additional conditions of approval that would expand and strengthen the Project beyond the mitigation that would be required under CEQA for certification of the Negative Declaration.

   

B.

ADDITIONAL INFORMATION

   
 

On June 24, 2004, the applicant submitted a report entitled “Creek Bank Analysis and Setback Recommendations” prepared by Schaaf & Wheeler Consulting Civil Engineers (included as Attachment D). Staff forwarded this report to the County Department of Public Works for their review and comment. With regards to the location of the “top of bank”, the report states:

   
   

“(T)he top of bank is defined as the hinge point between the stream bank slope and the gradual upland slope. It follows a contour at roughly elevation 60 throughout the project site and is occupied by numerous coast live oaks and several California bay trees.”

   
 

The “top of bank” is depicted as a heavy line on the Geomorphic Map included within Attachment C. Staff recommended that this delineation of top of bank be accepted.

   
 

The report goes on to evaluate the stability of this creek bank. The report states:

   
   

“Overall, the left bank exhibits signs of substantial geomorphic and vegetative stability…. The morphological characteristics of the left bank, including defined floodplains, mid-bank slope, flood terrace, and upper bank slopes, provide multiple “lines of defense” against potential bank retreat.”

   
 

With regard to flooding potential, the report states that during a 100-year flood, the water surface elevation would be 58.78 feet. This is below the 60 ft. contour level (identified as the top of creek bank). It should be noted that, based upon the top of bank, elevations at the edge of the 25 ft. buffer zone range from 61 to 66 feet. This means that building pads on the three proposed lots adjacent to the creek would be at least two feet above the anticipated 100-year flood elevation. It is anticipated that the first floor elevations of any houses built on these lots would be at least another foot higher.

   
 

The other concern expressed by the Planning Commission was the adequacy of the 25 ft. setback to protect riparian resources adjacent to the creek. The report states:

   
   

“The aquatic and near stream terrestrial environments of this reach of San Francisquito Creek provide seasonal migratory and cover habitat, and may provide potential forage habitat, for several special-status animal species….This particular reach does not however, provide high quality spawning or breeding habitat for these species, and suitable rearing habitat is limited to wet years.”

     
 

The report goes on to state that no federally listed species were observed in the immediate project area during site visits by the consulting firm.

   

C.

REVISED CONDITIONS OF APPROVAL

   
 

Per the request of the Board of Supervisors, and in light of the additional information received subsequent to the Planning Commission’s decision, Staff has revised the recommended conditions of approval listed in Attachment A. The conditions listed under “Planning and Building Division” have been reorganized and consolidated to group conditions addressing common issues and to place conditions in a more logical order. In addition, the conditions relating to protection of biological resources, tree protection and grading, erosion and sediment control have been slightly modified to clarify the requirements they address.

   
 

The major change to the conditions addresses establishment, restoration and management of a 25’ riparian buffer zone extending outward from the top of bank of San Francisquito Creek. The revised provisions for the buffer zone appear in Condition 8 in Attachment A. In summary, this condition requires a two phase restoration of this area and its permanent protection through either and conservation easement or other appropriate legal mechanism enforceable by the County plus fencing and signage to admonish adjoining owners and anyone else present of its protected status and the limitations on its use.

   
 

The two phases involve separate portions of the 25 foot buffer. In the first phase, to be completed prior to recordation of the subdivision map, the 15 feet of the buffer closest to the creek would be restored, fenced and signed and would be entirely off limits to construction activity or any sort of future modification. The remaining 10 feet would be available for construction access for a period of three years or until completion of the final home along the creek, whichever occurs first. At that point, the second phase of the restoration would take place in that 10 foot area. The fence at the edge of the Phase 1 area would then be removed and a new fence constructed at the 25 foot line and the signage relocated to that line as well.

   
 

This approach accomplishes restoration and permanent preservation of a 25 foot buffer zone along the creek within a reasonable time frame while also allowing the developer reasonable use of a portion of this area during construction.

   
 

Finally, Condition 44 revises the role of the San Francisquito Creek JPA to review, not approval, as requested by your Board at your last hearing.

   

D.

SUBDIVISION –PROJECT COMPLIANCE

   
 

1.

Compliance with the General Plan

     
   

The project, as proposed and conditioned, conforms to the General Plan. The following policies are those which are applicable to this project.

     
   

Vegetative, Water, Fish And Wildlife Resources

     
   

Policy 1.23 (Regulate Location, Density and Design of Development to Protect Vegetative, Water, Fish and Wildlife Resources). The project, as conditioned, will comply with this policy. The project site is adjacent to San Francisquito Creek. Based upon a site inspection by Staff and the tree report prepared for this project, all riparian vegetation associated with the creek is contained within the Creek’s banks. To ensure that future development on Parcels 1,2, and 3 will not result in an impact to this resource, Staff is recommending a condition of approval that would designate non-buildable areas on these newly created parcels. The construction of structures and the alteration or removal of native species of vegetation and wildlife would be restricted in these areas.

     
   

Policy 1.24 (Protect Vegetative Resources). This policy requires development to minimize the removal of vegetative resources. The initial study for this project identified the potential impacts to the site’s tree resources due to construction of subdivision improvements and homes. Staff estimates that nine significant and five sub-significant size trees would potentially be removed in order to accommodate all potential development. The applicant has made attempts in the design of the subdivision to minimize the number of trees removed. Staff has also included conditions of approval which require the applicant to design any future homes around existing trees as much as is practicable and to implement a tree protection plan. Staff has also included a condition requiring the replacement of trees removed as part of this subdivision.

     
   

Policy 1.26 (Protect Fish and Wildlife Resources). This policy requires development to minimize the disruption of fish and wildlife and their habitats. No development associated with this project will directly impact the aquatic resources of San Francisquito Creek. However, future home construction could have an impact on these resources in the form of increased stormwater runoff. Staff has included conditions requiring all future development on these parcels to minimize the amount of runoff directed to the Creek.

     
   

Soil Resources

     
   

Policy 2.17 (Regulate Development to Minimize Soil Erosion and Sedimentation). This policy requires development to minimize soil erosion and sedimentation. A condition has been included in which requires the applicant to implement an erosion control plan as part of the road improvements. Any subsequent development on the created parcels will also be required to implement erosion control measures.

     
   

Urban Land Use Policies

     
   

Policy 8.13 (Appropriate Land Use Designations and Locational Criteria for Urban Unincorporated Areas). This policy designates the subject parcel as “Medium Density Residential average of 3.97 residential dwelling units per net acre and complies with the land use designation.

     
 

2.

Compliance with Zoning Regulations

     
   

Below is a table listing the development standards for the S-7 zoning district and how each proposed parcel compares with the applicable standard.

 

Proposed Parcel Size

(sq. ft.)

Minimum Lot Width

(ft.)

S-7 Requirement

5,000

50

Parcel 1

9,242 (net)

104 (avg.)

Parcel 2

13,086 (net)

78

Parcel 3

12,151 (net)

142

Parcel 4

9,389 (net)

62

   

    As shown by the table, the proposed parcels will meet all zoning requirements for the R-1/S-7 Zoning District. The proposed parcels are not the typical rectangular shape due to the relatively irregular shape of the original parcel; however, all four new parcels will be over 50 feet wide on average. More importantly, the applicant has shown that there are viable building envelopes on each proposed parcel.

     
 

3.

Compliance with Subdivision Regulations

     
   

The proposed minor subdivision has been reviewed by Staff with respect to regulations of both the State Subdivision Map Act and the County Subdivision Ordinance. The Department of Public Works, the Menlo Park Fire District, and the West Bay Sanitary District have also reviewed the project and found it to be in compliance with their standards and the requirements of the County Subdivision Ordinance. Conditions of approval have been included in Attachment A of this report.

     
   

In order to approve this subdivision, the Board of Supervisors must make the following five findings. Supporting evidence for each finding is included.

     
   

a.

Find that, in accordance with Section 66473.5 of the State Subdivision Map Act, this tentative map, together with the provisions for its design and improvement, is consistent with the San Mateo County General Plan.

     
   

The Department of Public Works and Planning Staff have reviewed the tentative map and found it consistent, as conditioned in Attachment A, with State and County land division regulations. The project is consistent with the County General Plan as discussed in Section B.1 of this report.

     
   

b.

Find that the site is physically suitable for the type and proposed density of development.

       
   

This site is physically suited for single-family residential development for the following reasons: (1) the proposed parcels conform to the minimum parcel size requirements for the S-7 zoning district; (2) the new parcels will be able to access community water and sewer systems; and (3) the new parcels can be accessed via the proposed 30 ft. wide access easement.

       
   

c.

Find that the design of the subdivision and the proposed improvements are not likely to cause serious public health problems, substantial environmental damage, or substantially and avoidably injure fish or wildlife or their habitat.

       
   

There is nothing in the proposal to suggest that this project would cause an impact to public health or safety. The Negative Declaration prepared for this subdivision confirmed that the biological resources on the project site are of limited value. Conditions of approval have been added to the project to prevent any potential impact to these resources.

     
       
   

d.

Find that the design of the subdivision and the proposed improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

       
   

The proposed subdivision does not conflict with any easements acquired by the public at large. According to a recent title report and the Department of Public Works, there are no known easements for access through the property which benefit the public at large. The existing West Bay Sanitary Sewer easement will be relocated to accommodate development on Parcels 1 and 2.

       
   

e.

Find that the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities.

       
   

Future development of the site could make use of passive heating and cooling to the extent practicable because all proposed parcels have unobstructed solar access to the southwest, thereby allowing morning sun to passively or actively (using roof-top solar panels) heat any eventual houses.

     
 

4.

Compliance With In-Lieu Park Fees

     
   

Section 7055.3 (Fees In-Lieu of Land Dedication) requires that, as a condition of approval of the tentative map, the subdivider is required to dedicate land or pay an in-lieu fee. Said fee is for the acquisition, development or rehabilitation of County park and recreation facilities, and/or to assist other providers of park and recreation facilities to acquire, develop or rehabilitate facilities that will serve the proposed subdivision. The Section further defines the formula for calculating this fee. The fee for this subdivision is $18,262.51 for in-lieu park fees. A worksheet showing the prescribed calculation appears as Attachment D. A condition of approval has been included requiring these fees be submitted to the Planning and Building Division prior to recordation of the final map.

     

E.

LOT LINE ADJUSTMENT REQUIREMENTS – PROJECT COMPLIANCE

   
 

The proposed lot line adjustment has been analyzed against the criteria for review of lot line adjustments set forth in Section 7126.1 of the County Subdivision Regulations. This section states that review of a lot line adjustment application shall be limited to a determination of whether or not the parcels resulting from the adjustment conform to County Zoning and Building Ordinances. Specifically, a lot line adjustment application shall be evaluated with regard to the following criteria:

   
 

1.

Conformity with Zoning and Building Regulations

     
   

No non-conforming parcels will result from approval of this lot line adjustment. The parcel being subdivided will be of sufficient size, after adjustment, to accommodate the four proposed lots with each having a conforming building envelope. The adjacent parcel will exceed the minimum parcel size and width requirement of this zoning district. The structures on this parcel will conform to the required setbacks of this zoning district.

   
 

2.

Suitability of Building Sites Created by the Lot Line Adjustment

     
   

As discussed above, the parcel being subdivided will be of sufficient size, after adjustment, to accommodate the four proposed lots with each having a conforming building envelope. The adjacent parcel already has a single family dwelling upon it. This lot line adjustment will not diminish any required setbacks which this structure must meet.

   
 

3.

Provision for Adequate Routine and Emergency Access

     
   

The proposed improvement plans include an access road and turnaround which meets the requirements of the Department of Public Works and the County Fire Marshall.

   
 

4.

Provision for Adequate Water Supply and Sewage Disposal

     
   

Both parcels currently are connected to municipal water and sewage systems. This lot line adjustment will not affect those connections.

   

F.

STREET NAME ASSIGNMENT REQUIREMENTS – PROJECT COMPLIANCE

   
 

As a condition of approval for this project, the County Fire Protection Agency is requiring the applicant to assign a new street name to the proposed access road. The Planning Division has formulated procedures for street naming. Prior to the Planning Commission action, three tasks were involved in the processing of this application.

   
 

1.

Examination of maps to determine if there are similar or identical names within the County that might be confused with the proposed street name.

     
 

There are no other roads named “Bishop Oaks Court” or similar within San Mateo or Santa Clara counties.

     
 

2.

Notification of appropriate agencies of the proposed street name and public hearing.

     
 

Attached to this report is the list of agencies notified of the proposed street naming (Attachment B). Each agency was sent a request for comments; no objections were registered. Similarly, each agency was sent a notice of the public hearing and will be sent a decision letter.

   
 

The San Mateo County Public Safety Communications Division (911) requests that the name change become effective 45 days after the approval to allow for record updating.

     
 

3.

Public Notification

     
       
   

a.

Posting required in at least three places in the affected area at least ten days prior to the public hearing.

       
   

Signs were posted at least ten days prior to the public hearing.

     
   

b.

Published legal notice at least ten days prior to the public hearing.

       
   

Notices have been posted and published as required

     
   

In order to approve this street name assignment, the Board of Supervisors must make the following finding. Supporting evidence is included.

     
   

c.

That the proposed street naming of “Bishop Oaks Court” in West Menlo Park will assist in the effective delivery of public services and will not be detrimental to the public welfare in the neighborhood.

       
   

Staff believes this finding can be made. The new street name will provide unique identification and assist the public and safety personnel with the delivery of necessary services to the new parcels along this road. Staff believes this proposed street name will not be detrimental to the public welfare.

   

G.

ENVIRONMENTAL REVIEW

     
 

An Initial Study was completed and a Revised Negative Declaration issued in conformance with CEQA guidelines. The public review period for this document was October 23, 2003 through November 13, 2003. Staff received extensive comments on this document. These comments were addressed in the February 19, 2004 Supplemental Staff Report to the Zoning Hearing Officer (the relevant portions of that report are included as Attachment F).

   
 

The Mitigation Measures identified in the Negative Declaration have been incorporated into the conditions of approval shown in Attachment A. If the Project is approved, a Mitigation Monitoring Report on compliance with the Mitigation Measures will be prepared by the Planning Division before or no later than sixty (60) days after approval of the final parcel map.

     

H.

ALTERNATIVES

     
 

1.

Deny the Appeal and Uphold the decision of the Planning Commission. Your Board could deny the appeal and uphold the decision of the Planning Commission to require the preparation of a focused Environmental Impact Report.

     
 

2.

Approve the project with conditions proposed by the applicant. On July 12, 2004, the applicants submitted a letter outlining their thoughts on how the conditions, as approved by the Zoning Hearing Officer on February 19, 2004, could be interpreted/modified such that they meet the goals of both the Board and the applicants. In summery, the applicant is requesting that the conditions be interpreted/modified to allow for the erection of silt fencing and chain link fencing a distance of ten feet from the proposed building envelopes. This is distance is necessary to accommodate construction of the houses. This ten-foot distance would result in encroachment of up to ten feet into the riparian buffer zone. Once construction is completed, the temporary fencing would be replaced by a permanent fence at the 15-foot line (as measured from the top of creek bank). The area between the top of creek bank and the fencing would be re-vegetated. In the ten-foot wide area between the fence and the western edge of the “non-development” area, the applicant is requesting the ability to plant non-invasive landscaping and gravel pathways, so that future occupants of these houses can have access to the back walls of their houses.

     
 

3.

Deny the project. Your Board could deny the request for a Minor Subdivision if you disapprove of the project and do not think the required findings can be made.

     

VISION ALIGNMENT

 

The proposed project keeps the commitment of “Responsive, Effective, and Collaborative Government and goal number 20: “Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain”.

 

FISCAL IMPACT

 

Not applicable

 

ATTACHMENTS

 

A.

Recommended Findings and Conditions of Approval.

B.

Appellant’s letter of appeal.

C.

“Creek Bank Analysis and Setback Recommendations” prepared by Schaaf & Wheeler Consulting Civil Engineers.

D.

Site Plan

E.

Revised Negative Declaration and Initial Study.

F.

Portions of the February 19, 2004 Zoning Hearing Officer Staff Report.

G.

Letter from applicant dated July 12, 2004.

Attachment A

 

COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

 

RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL

 

Permit or Project File Number:

Board Meeting Date: July 27, 2004

 

PLN2002-00445

 

Prepared By: Michael Schaller

For Adoption By: Board of Supervisors

 
 

RECOMMENDED FINDINGS

 

Regarding the Negative Declaration, Find:

 

1.

That the Board of Supervisors does hereby find that this Negative Declaration reflects the independent judgment of San Mateo County.

   

2.

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.

   

3.

That, on the basis of the Initial Study, comments received hereto, and testimony presented and considered at the public hearing, there is no substantial evidence that the project will have a significant effect on the environment.

   

4.

That the mitigation measures identified in the Negative Declaration and agreed to by the owners and placed as conditions on the project have been incorporated into the Mitigation Monitoring and Reporting Plan in conformance with the California Public Resources Code Section 21081.6.

 

Regarding the Subdivision, Find:

 

5.

That, in accordance with Section 66473.5 of the State Subdivision Map Act, this tentative map, together with the provisions for its design and improvement, is consistent with the San Mateo County General Plan.

   

6.

That the site is physically suitable for the type and proposed density of development.

   

7.

That the design of the subdivision and the proposed improvements are not likely to cause serious public health problems, substantial environmental damage, or substantially and avoidably injure fish or wildlife or their habitat.

   

8.

That the design of the subdivision and the proposed improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

   

9.

That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities.

   

Regarding the Lot Line Adjustment, Find:

 

10.

That the newly configured parcels conform with Zoning and Building Regulations.

   

11.

That the newly configured parcels have suitable building sites.

   

12.

That the newly configured parcels provide for adequate routine and emergency access.

   

13.

That the newly configured parcels provide for adequate water supply and sewage disposal.

 

Regarding the Street Name Assignment, Find:

 

14.

That the proposed street naming of “Bishop Oaks Court” in West Menlo Park will assist in the effective delivery of public services and will not be detrimental to the public welfare in the neighborhood.

 

RECOMMENDED CONDITIONS OF APPROVAL

 

Planning and Building Division

 

1.

This subdivision approval is based on the tentative map dated October 1, 2003 and is valid for two years, during which time a final parcel map shall be filed. An extension to this time period in accordance with Section 7013.5c of the Subdivision Regulations may be issued by the Planning Division upon written request and payment of any applicable extension fees if required, 60 days prior to expiration.

   

2.

The parcel map shall be recorded pursuant to the plans approved by the Board of Supervisors; any deviation from the approved plans shall be reviewed and approved by the Planning Director as necessary.

   

3.

Prior to recordation of the parcel map, the applicant shall pay to the San Mateo County Planning and Building Division $18,262.51 for in-lieu park fees as required by County Subdivision Regulations, Section 7055.3.

   

4.

No grading, trenching, or soil disturbance shall occur on the project site until such time as a grading permit or grading permit exemption has been approved and a “hard card” issued from the Planning and Building Division.

   

5.

The existing, unneeded sewer line on the property shall be capped at both ends to render it unusable.

   

6.

Planning and building permits shall be applied for and obtained from the Planning and Building Division for any future construction on the parcels created as a result of the recordation of the final parcel map for this project.

   

7.

Noise levels produced by the proposed construction activities shall not exceed the 80-dBA levels at any one moment. Construction activities, including deliveries and cleaning of toilets, shall be limited to the hours from 8:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday. Construction operations shall be prohibited on Sunday and any national holiday deemed by the Federal Government.

   

8.

Riparian buffer zone. A riparian buffer zone shall be established adjacent and parallel to the top of bank of San Francisquito Creek to protect the creek and its resources from the adjoining development and vice versa, subject to the provisions below.

   
 

a.

Top of bank shall be as defined in the report dated June 24, 2004, entitled Bishop Oaks Property Creek Bank Analysis and Setback Recommendations, prepared by Schaff and Wheeler Consulting Civil Engineers.

     
 

b.

The riparian buffer zone shall extend the length of the project boundary with San Francisquito Creek and from the top of bank on the east to a line to the west parallel to and 25’ distant from the top of bank.

     
 

c.

The subdivider shall fund the preparation and implementation of a phased restoration and management plan for the buffer zone by a qualified restoration biologist selected by the Planning Director with all work to the satisfaction of the Planning Director. Phase 1: the 15' of the buffer zone nearest to the creek shall be restored, fenced and signed prior to the recordation of the subdivision map or any other construction on site. Phase 2: the 10' furthest from the creek shall be restored and the fencing and signage relocated to the 25' line before issuance of a certificate of occupancy for the last of the three homes along the creek or within 3 years of recordation of the subdivision map, whichever occurs first. The Phase 1 (temporary) fence shall be a substantial fence designed to protect the 15' buffer from any impacts or incursions during construction. That fence shall be removed as part of the Phase 2 restoration. The Phase 2 (permanent) fence shall be placed along the far edge of the buffer zone, 25' from the top of bank, and shall be a low split rail or similar "aesthetic" fence designed primarily to demarcate the edge of the buffer zone. Signage in all cases shall consist of two signs per lot, two square feet each, reading: "Creek Buffer Zone. Area beyond this fence is protected pursuant to (insert reference to conservation easement or CC&Rs, including their location in the Official Records of San Mateo County). No grading, construction, landscaping, vegetation removal, tree cutting or pruning or similar activities without prior approval of the San Mateo County Planning Director."

     
 

d.

The restoration and management plan shall follow the recommendations contained in the “Streamside Planting Guide,” published by the San Francisquito Creek CRMP. The restoration plan shall: consist of native plant species endemic to the project area; outline species to be used, their percentage at each location, and the source of the plant material; outline how non-native vegetation will be removed from the buffer zone with no herbicides used as part of this vegetation removal; include any necessary provisions for irrigation to allow for establishment of the new vegetation; establish success criteria shall based upon percent survival and coverage.

     
 

e.

The buffer zone shall be protected in perpetuity by a conservation easement in favor of the County or other appropriate legal mechanism enforceable by the County, with the area of the buffer zone delineated on the subdivision map together with a reference to the documents that govern its use and protection, all to the satisfaction of the Planning Director and County Counsel. The restoration plan described in c, above, shall be incorporated into the conservation easement or other appropriate legal mechanism and the basic protection shall be to manage and maintain the area in accordance with that plan, with any subsequent modifications to that plan subject to approval in advance by the San Mateo County Planning Commission and that there is to be no grading, vegetation removal, tree cutting or pruning, construction or landscaping of any sort within the buffer zone without prior approval of the San Mateo County Planning Director, who must find any such activity consistent with the restoration plan prior to approval. The protection documents shall make provision for the phased restoration and protection of this area as specified in 3, above and shall include some accommodation for use of the 10' second phase restoration area for construction access during future repair and maintenance of the adjoining houses, subject to prior approval of the Planning Director.

     
 

f.

There shall be no construction activity whatsoever within the Phase 1 restoration area, other than the restoration activities themselves. Construction activity within the Phase 2 restoration area shall be limited to construction access. The contractor shall not store, place or dump any litter or construction equipment, materials or debris within the Phase 2 restoration area. All such material shall be removed daily from the restoration area and properly stored or disposed of at an appropriate site.

     
 

g.

From the beginning of the implementation of the Phase 1 restoration plan to the issuance of a final occupancy certificate for the last home constructed adjacent to the buffer zone, the restoration biologist shall inspect the site biweekly to determine if the project conforms to the provisions of the restoration and management plan and shall report the results to the Planning Director, who shall cause to be issued a Stop Work Notice at any time that the project is found to be in non-compliance with the restoration/management plan. The SWN shall remain in effect until compliance with the restoration/management plan is achieved to the satisfaction of the Planning Director based on further inspection and report by the restoration biologist.

     
 

h.

Surety shall be posted with the Planning Director in an amount twice the biologist's estimated cost for the implementation of the Phase 2 restoration plan, to be released one year after implementation of the Phase 2 plan but only upon a written finding by the Planning Director that both phases of the restoration plan have been fully and properly implemented and that all plantings and other provisions of the plan have been successfully established.

   

9.

Biological resources shall be protected as follows:

   
 

a.

Prior to the beginning of construction activities, the applicant shall retain a qualified biologist approved by the Planning Director to demarcate the construction zone with silt fencing or similar barrier in order to exclude red-legged frog, tiger salamander, and pond turtle. Fence material shall be 2.5 feet tall with the bottom trenched 6 inches deep and covered with soil. The 2 feet above ground shall be canted at a 45-degree angle facing outward. This will enable frogs to escape the construction area. The applicant shall maintain the fence throughout the construction period and have it checked biweekly by the biologist and repaired/adjusted as recommended by the biologist.

     
 

b.

Prior to the beginning of construction activities, the biologist shall conduct a pre-construction survey within the fenced off construction zone for red-legged frog, tiger salamander, and pond turtle. Said survey shall occur after the fencing has been erected and before any vegetation, which could provide cover or conceal these species, has been removed.

     
 

c.

Prior to the beginning of construction activities, the applicant shall have a qualified biologist brief construction workers on identifying red-legged frog, tiger salamander, and pond turtle.

     
 

d.

If red-legged frog, tiger salamander, or pond turtles are found on site at any time prior to of during construction activities, all work is to stop, and the U.S. Fish and Wildlife Service contacted and their recommendations and requirements shall be followed to the satisfaction of the Planning Director.

   

10.

Tree removal, protection, replacement and revegetation shall be subject to the following requirements.

   
 

a.

The applicant may remove only one significant size tree (No. 736) for subdivision related development, i.e. to construct the proposed access road. For subsequent house construction, the applicant may remove only the following nine significant trees within the proposed building envelopes, as shown on the tree survey prepared by Ralph Osterling Consultants:

     
   

Parcel 1

Nos. 742, 745

   

Parcel 2

Nos. 753, 754

   

Parcel 3

Nos. 758, 761

   

Parcel 4

Nos. 768, 769, 770

     
   

A separate tree removal permit is required for removing these nine trees. Removal of additional significant trees is prohibited, except when due to an unforeseen circumstance, e.g. tree disease/death, as determined by the Planning Director. In such case, a separate tree removal permit is required.

     
 

b.

Future home construction on the parcels created by this subdivision shall minimize impacts to all remaining trees, to the satisfaction of the Planning Director. This includes by reconfiguring building footprints and setting back upper stories to reduce impacts upon tree roots and canopies. This condition of approval shall be recorded on the title page of the parcel map and on all deeds for parcels created by this subdivision and shall be met at the time of building permit review.

     
 

c.

The project applicant shall retain the services of a certified arborist (International Society of Arboriculture) to develop and implement a tree protection plan. Said arborist must be approved by the Planning Director. The intent of the plan is to protect those trees not specifically approved for removal. Prior to any demolition, grading, or construction activity on the project site, the applicant shall implement this tree protection plan. The following protection measures must be included in the plan:

     
   

1.

All trees to be preserved, adjacent to construction areas will be fenced with 6-foot high chain-link fencing. The fencing will be located at the dripline of individual trees or at a pre-determined tree protection zone for groups of trees. Fencing will also be placed along the edge of the non-development area during the construction phase. NO construction debris, material or equipment shall be placed within the fenced area.

       
   

2.

Said fencing shall be installed prior to commencement of construction/demolition activities and be approved by the project arborist and Planning Division Staff. Fencing shall remain in place throughout all phases of construction on the site (subdivision improvements and home construction).

       
   

3.

For trees where the entire dripline cannot be fenced, the arborist shall determine the adjusted fencing location and prescribe additional protection measures where necessary. Larger areas of preserved trees, outside the construction zone, shall be fenced to prevent equipment from entering these locations.

       
   

4.

All subsurface utility lines shall be placed outside of tree protection fencing areas to avoid impact to tree roots.

       
   

5.

No grading shall occur within the area enclosed by tree protection fencing.

       
   

6.

The pruning of branches greater than 2 inches in diameter must be approved in advance by the arborist.

       
   

7.

No materials, including soil, shall be stored within the dripline or protection zone of preserved trees.

       
   

8.

Prescription of necessary remedial work to ensure the health and stability of protected trees.

       
   

9.

During the subdivision improvement phase of the project, (i.e. - demolition of existing structures, grading of site, construction of water and sewer lines, rough construction of access road), bi-weekly reports shall be submitted to the Planning Division outlining compliance with the tree protection plan. During the subsequent home construction phase, said reports shall be submitted to the Planning Division on an as needed basis, but in no case shall construction on an individual house begin until an inspection by Planning Division Staff has been conducted. The arborist shall coordinate with planning staff on scheduling report submittal and staff inspection. This condition of approval shall be included in the “Covenants, Conditions and Restrictions” with the recordation of the final map. Additionally, this condition shall be recorded as a deed restriction upon all parcels created by this Subdivision. The requirements for implementation of this tree protection plan shall be binding upon all parcels created by this subdivision.

       
 

d.

Prior to the issuance of the first building permit (demolition or building) or any construction, the applicant shall contact the Planning Division to arrange a site inspection to verify tree protection measures and erosion/stormwater controls are installed to the satisfaction of the Planning Division. Site photographs will not be acceptable for compliance with this condition.

     
 

e.

The tree protection fencing shall remain in place from initial installation through a final building permit inspection for the applicable parcel.

     
 

f.

Prior to the recordation of the parcel map, the applicant shall submit a replanting plan for the project site to the Planning Division for review and approval. Said plan shall replace all trees removed as part of this subdivision at a 1:1 ratio, minimum 15-gallon size. Said plan must show the proposed species and location of replacement trees. The plan must also include provision for irrigation (automatic system) of all installed trees to ensure their long-term survival. The replanting plan must be approved by the County Planning Division, and implemented by the applicant, prior to recordation of the parcel map.

     

11.

Drainage, erosion and sediment control shall be subject to the following requirements:

   
 

a.

Prior to the beginning of any construction, the applicant shall submit to the Planning Division for review and approval a drainage, erosion and sediment control plan, which shows how the transport and discharge of soil and pollutants from the project site will be minimized. The goal is to prevent sediment and other pollutants from leaving the project site and to protect all exposed earth surfaces from erosive forces. Said plan shall adhere to the San Mateo Countywide Stormwater Pollution Prevention Program “General Construction and Site Supervision Guidelines,” including:

   
   

1.

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

       
   

2.

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.

       
   

3.

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

       
   

4.

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

     
   

The approved erosion and drainage control plan shall be implemented prior to the commencement of construction.

     
 

b.

Within sixty (60) days following tentative map approval or prior to any project site activity (e.g. demolition of existing structures, tree removal, site disturbance, etc.), whichever occurs first, the applicant shall comply with all requirements of the General Construction Activity Stormwater Permit. Such measures include, but are not limited to: (1) submission of a Notice of Intent (NOI) to comply with the general permit to the State Water Resources Control Board; (2) minimizing non-stormwater discharges from the site to storm drains; (3) developing, implementing, and updating a Stormwater Pollution Prevention Plan (SWPPP); and (4) developing a site monitoring program and perform inspections of the measures implemented as a part of the SWPPP.

     
 

c.

The proposed grading and drainage plan shall be modified to incorporate stormwater reduction measures such as constructing French drains along the side of the access road, incorporating drywells into the subsurface drainage system and using perforated pipe to allow for increased infiltration. The goal of these measures is to reduce the increased amount of runoff to pre-subdivision levels as much as possible.

     
 

d.

All future structures to be built on the project site shall be designed to incorporate permanent stormwater control measures (such as using permeable surfaces for driveways and walkways, and building downspouts connected to drywell systems) in conformance with BAASMA Guidelines. This requirement shall be included as a note on the final map and shall be recorded on all deeds for parcels created by this subdivision. Prior to the issuance of a building permit for any structure on the project site, all plans shall be reviewed by the Planning Division for conformance with this condition.

     

12.

Prior to the issuance of a demolition permit for this project, the applicant shall submit a demolition plan showing how existing structures on site will be removed. This plan shall show where material and debris will be placed on site before their removal. No debris or construction material shall be placed within the dripline of trees. The Environmental Health Division shall review the demolition permit request, with attention to the former welding workshop structure and any possible hazardous materials.

   

13.

The following statement shall be included on the deed for each parcel created by this subdivision:

   
 

“Federal Flood Insurance Rate Maps show this property as being located within Zone C- Area of Minimal Flooding.”

   

14.

There shall be no permanent gate across Bishop Oaks Court.

   

15.

Protection of Bishop Lane shall be accomplished as follows:

   
 

a.

The applicant shall restore all areas of Bishop Lane damaged, either inadvertently or by design, due to construction of the proposed subdivision improvements or eventual home construction. Said restoration shall occur before a final inspection will be granted on the last remaining house to be constructed as a result of this subdivision.

     
 

b.

Prior to the issuance of any building, demolition, or encroachment permits necessary to construct the required subdivision improvements or homes on the created parcels, the applicant shall submit a bond in the amount of $10,000 to cover any necessary repairs to Bishop Lane as a result of this project. Said bond shall be returned to the applicant either after all homes are constructed, or five years after the Final Map is recorded, whichever occurs first, upon verification that all road repairs have been completed to the satisfaction of the Planning Director.

     
 

c.

Prior to the recordation of the final parcel map, or in the event that road and utility improvements are carried out afterwards, prior to the issuance of any building, demolition, or encroachment permits necessary to construct the required subdivision improvements or homes on the created parcels, the applicant shall submit a photographic record that chronicles any physical impacts on Bishop Lane, from its far westerly end to the project site. All potholes or pavement cracks shall be photographed, before and after construction with accompanying tape measures to indicate the length, width and depth of said cracks and potholes.

     

16.

No construction, either for the subdivision improvements and/or home construction, shall be permitted on Sundays or national holidays deemed by the Federal Government.

   

17.

The applicant shall record “Covenants, Conditions and Restrictions” with the recordation of the final map, to the satisfaction of the Planning Director. This document shall expressly require, but not be limited to:

   
 

a.

No gate shall be constructed across the entrance of Bishop Oaks Court.

     
 

b.

No lights shall be directed or pointed toward the creek bank or the creek bed beyond it.

     
 

c.

Compliance with the riparian buffer zone restoration and management plan, the biological resources protection provisions, the tree protection provisions, and the drainage, erosion and sediment control plan outlined above.

   

18.

The applicant shall enter into a contract with the San Mateo County Planning Division for all mitigation monitoring for this project. The fee shall be staff’s cost plus 10% as required in the current Planning Service Fee Schedule adopted by the Board of Supervisors Resolutions Nos. 63452 and No. 64883 or any subsequent resolutions adopted by the Board of Supervisors. The purpose of the fee is to pay for bi-weekly site inspections by Planning staff to ensure compliance with these conditions of approval. These bi-weekly inspections shall be required during the duration of the subdivision improvement phase of this project (i.e. – demolition of existing structures, grading of site, construction of water and sewer lines, rough construction of access road). During the subsequent home construction phase, inspections shall be on an as needed basis, but in no case shall construction on an individual house begin until an inspection has been conducted. Staff shall coordinate with the arborist on scheduling report submittal and staff inspection.

   

Street Name Assignment

   

19.

The street name shall become effective 45 days from approval to allow for public notification with public service agencies.

   

20.

The street must be clearly marked from the entrance on Bishop Lane so emergency vehicles can locate the street. The new signs must meet CDF requirements in terms of size and location. The applicant shall contact CDF for these requirements prior to installation.

   

21.

If the sign is to be installed within the public right-of-way, prior to the installation of the street name sign, issuance of an encroachment permit by Public Works is required.

   

22.

The Building Inspection Section shall assign address ranges to Bishop Oaks Court at the time of building permit approval. This range shall not be in the range of 1 to 99, which would be in conflict with those address ranges on Bishop Lane. The address range should start at 200 through 299 to avoid any confusion.

   

Lot Line Adjustment

   

23.

The applicant shall submit to the project planner (for recordation) legal descriptions of reconfigured parcels. The project planner will review these descriptions and forward them to Public Works for approval.

   

24.

The applicant shall submit to the project planner a copy of the unrecorded Grant Deeds (of only the areas to be exchanged) for review and approval prior to transfer of ownership.

   

25.

The lot line adjustment and any associated requirements shall be completed and recorded with the San Mateo County Recorder’s Office prior to the recordation of the parcel map.

   

26.

The applicant shall meet with the project planner to record the legal descriptions of the reconfigured parcels (Planning’s responsibility) and the Grant Deeds (applicant’s responsibility) with the County Recorder.

   

Department of Public Works

   

27.

Prior to the issuance of a building permit, the applicant shall pay “roadway mitigation fees” based on the square footage (assessable space) of the proposed residence per Ordinance #3277.

   

28.

The provision of San Mateo County Grading Ordinance shall govern all grading on and adjacent to this site. Unless exempted by the Grading Ordinance, the applicant may be required to apply for a grading permit upon completion of the County’s review of applicable plans and should access construction be necessary.

   

29.

The applicant shall submit driveway “plans and profiles” to the Department of Public Works, showing the driveway access to each parcel (proposed garage slab) complying with County standards for driveway slopes (not to exceed 20%) and to County standards for driveways (at the property line/edge of easement) being the same elevation as the center of the access roadway. When appropriate, this plan and profile shall be prepared from elevations and alignment shown on the roadway improvement plans. The driveway plan shall also include and show specific provisions and details for handling both the existing and the proposed drainage.

   

30.

Should the access shown go through the proposed subdivided properties, the applicant shall provide documentation that “ingress/egress” easements exist providing for this access.

   

31.

The applicant shall dedicate necessary right-of-way, for roadway purposes, along the parcel’s frontage on Bishop Lane, including right-of-way for a turnaround.

   

32.

The applicant shall have designed (by a registered civil engineer) and the applicant shall construct an on-site private roadway to match the proposed access road as shown on the Tentative Map, dated October 1, 2003. This street shall be designed and constructed to no less than the standards required by the applicable Fire District. The street shall be posted for no parking and it shall terminate in a turnaround meeting the requirements of the applicable fire jurisdiction and the San Mateo County Department of Public Works.

   

33.

The applicant shall have prepared, by a registered civil engineer, a drainage analysis of the proposed subdivision and submit it to the Department of Public Works for review and approval. The drainage analysis shall consist of a written narrative and a plan. The flow of the stormwater onto, over, and off the property being subdivided shall be detailed on the plan and shall include adjacent lands as appropriate to clearly depict the pattern of flow. The analysis shall detail the measures necessary to certify adequate drainage. Recommended measures shall be designed and included in the street improvement plans and submitted to the Department of Public Works for review and approval.

   

34.

The applicant shall record documents that address future maintenance responsibilities of any private drainage and/or roadway facilities that may be constructed. Prior to recording these documents, they shall be submitted to the Department of Public Works for review.

   

35.

The applicant shall prepare a plan indicating the proposed method of sewering these parcels. This plan should be included on the improvement plans and submitted to the Department of Public Works and the appropriate Sewer District for review and approval. Upon completion of this review, the applicant or his engineer shall have these approved plans signed by the appropriate Sewer District.

   

36.

The property owner shall dedicate sanitary sewer easements for any portion of the sewer main, which lies outside of existing public sanitary sewer easements, if applicable.

   

37.

The applicant shall submit to the Department of Public Works written certification from the appropriate Water District stating that their requirements to provide water service connections to the proposed parcels of this subdivision have been met.

   

38.

Any potable water system work required by the appropriate district within the County right-of-way shall not be commenced until County requirements for the issuance of an encroachment permit have been met. Plans for such work shall be reviewed by the Department of Public Works prior to the issuance of the permit.

   

39.

The applicant shall submit written certification from the appropriate energy and communication utilities to the Department of Public Works stating that they will provide energy and communication services to the proposed parcels of this subdivision. The applicant shall also show the locations for the trench work required to provide underground utilities to the parcels.

   

40.

“As-built” plans of all construction required by these conditions shall be prepared and signed by the subdivider’s engineer upon completion of all work. The “as-built” plans shall be accompanied by a written certification from the engineer that all private facilities have been completed in conformance with the approved plans.

   

41.

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 and payment of an Inspection Deposit, have been met and an encroachment permit issued by the Department of Public Works.

   

42.

The applicant shall submit a parcel map to the Department of Public Works for review and recording.

   

County Fire Marshal

   

43.

The applicant shall construct an access road that is a minimum 18 feet wide (roadbed), plus gutters; total road width shall not exceed 20 feet. Gutters must be a drivable surface.

   

San Francisquito Creek Joint Powers Authority

   

44.

The applicant shall submit a copy of the improvement plans, including details of the stormdrain outfall, for this subdivision to the Joint Powers Authority for review.

     
       
   

Mjso0872_wkru.doc