COUNTY OF SAN MATEO
Inter-Departmental Correspondence
ENVIRONMENTAL SERVICES AGENCY
DATE:
July 12, 2004
SET TIME:
10:45 a.m.
BOARD MEETING DATE:
July 27, 2004
TO:
Honorable Board of Supervisors
FROM:
Marcia Raines, Director of Environmental Services
SUBJECT:
Consideration of an application for a Coastal Development Permit, a Resource Management-Coastal Zone Permit and Stable Permit, pursuant to Sections 6328.4 and 6903 of the San Mateo County Zoning Regulations and Section 7700 of the San Mateo County Ordinance Code, to allow legalization of a 3-horse stable, tractor shed, agricultural barn, replacement of one 8,000-gallon water tank with two 5,000-gallon water tanks, a mobile home as an affordable housing unit, 126 sq. ft. storage shed adjacent to the stable and an approximately 720 sq. ft. top-story enclosure to the existing main residence. The project is located at 1589 Higgins Canyon Road in the unincorporated Half Moon Bay area of San Mateo County. This project is appealable to the California Coastal Commission.
County File Number:
PLN 1999-00079 (Oscar Braun)
RECOMMENDATION
Approve a Coastal Development Permit, a Resource Management-Coastal Zone Permit and Stable Permit to allow legalization of a 3-horse stable, tractor shed, agricultural barn, replacement of one 8,000-gallon water tank with two 5,000-gallon water tanks, a mobile home as an affordable housing unit, 126 sq. ft. storage shed adjacent to the stable and an approximately 720 sq. ft. top-story enclosure to the existing main residence, by making the required findings and adopting the conditions of approval identified in Attachment A of this report.
PROPOSAL
The project involves legalization of a 3-horse stable, a tractor shed, an agricultural barn, replacement of one 8,000-gallon water tank with two 5,000-gallon water tanks, designation of a mobile home as an affordable housing unit, 126 sq. ft. storage shed adjacent to the stable and an approximately 720 sq. ft. top-story enclosure to the existing main residence.
The 1,440 sq. ft. stable structure consists of a tack room, three horse stalls and a bathroom and is located approximately 125 feet north of the existing residence. The 12-foot high stable structure consists of composition shingle roof and “rustic” redwood exterior walls. Two 8-foot high water tanks have been relocated approximately 200 feet southeast of the main residence. The tractor shed, agricultural barn and mobile home are clustered in the eastern portion of the parcel. The 1,200 sq. ft., single-story mobile home is composed of composition roof with aluminum siding. The 2,460 sq. ft. tractor shed and 200 sq. ft. agricultural barn are composed of metal roofs with plywood siding.
The project is located at 1589 Higgins Canyon Road and is within the Higgins-Purisima County Scenic Corridor.
BACKGROUND
Report Prepared By: Jim Eggemeyer, Development Review Services Manager, Telephone 650/363-1930
Applicant/Owner: Oscar Braun/Andrea S. Braun
Location: 1589 Higgins Canyon Road, unincorporated Half Moon Bay
APN: 064-370-240
Parcel Size: 70 acres
Existing Zoning: RM-CZ/CD (Resource Management-Coastal Zone/Coastal District)
General Plan Designation: General Open Space
Sphere-of-Influence: City of Half Moon Bay
Existing Land Use: Single-family residence, stable, tractor shed, agricultural barn, mobile home
Flood Zone: Zone C (Area of Minimal Flooding)
Environmental Evaluation: Negative Declaration issued with a public review from October 2, 2001 to October 22, 2001 and for the 720 sq. ft. top-story enclosure to the main residence, exempt under CEQA, Section 15301(e)(1), Existing Facilities; Additions to Existing Structures.
Setting: The project property is located approximately 1 1/2 miles east from Highway 1 on Higgins Canyon Road and consists of gently rolling hills. The vegetation consists primarily of shrub and few trees. There are no prime soils or water bodies on the property. The property is developed with a single-family residence, in addition to structures proposed to be legalized. Access to the property is via a 50-foot wide easement running from Higgins Canyon Road through parcel number 064-370-160.
Chronology:
Date
Action
June 4, 1991
-
BOS approval for Certificate of Compliance Type B; Coastal Development Permit, Resource Management Permit, and Grading Permit to allow 1,500 linear feet of access road and 1,900 linear feet of driveway and 7,500 sq. ft. single-family residence.
February 27, 1998
-
Complaint received.
March 4, 1998
-
Inspection of the property.
March 12, 1998
-
Notice of Code Violation prepared, postmarked March 17, 1998. Owner requested to apply for applicable permits for barn, a second residential unit, stable permits, and agricultural buildings (30-day notice).
April 23, 1998
-
Final Notice of Violation mailed.
July 17, 1998
-
Sheriff attempted to serve Final Notice of Violation. The owner refused to allow Sheriff through the gate.
July 20, 1998
-
Final Notice sent via fax to the owner.
September 15, 1998
-
Citation for nuisance issued to and signed by Mr. Braun.
December 3, 1998
-
Application received for legalization of stable, tractor shed, agricultural barn and mobile home as a farm labor housing unit.
December 17, 1998
-
Application determined incomplete and letter sent to applicant requesting outstanding items necessary to complete application.
January 13, 1999
-
Second letter of incomplete requesting outstanding items sent.
March 9, 1999
-
Applicant submitted revised site plan and elevations of some of the structures.
April 21, 1999
-
Planning Division sent out status letter to applicant requesting items still needed to process the application.
June 9, 1999
-
Applicant submitted requested survey information.
July 26, 1999
-
Planning Division sent out a status letter to applicant requesting outstanding items still needed to process application.
November 1, 1999
-
Superior Court hearing (Case No. C941588). Judge imposed fine of $271.
October 17, 2000
-
Letter of Complete Application sent to the applicant.
October 19, 2000
-
Application package sent to the Certificate of Need for Farm Labor Housing Committee to review application for farm labor housing unit. Certificate of Need Committee found insufficient information submitted to justify a farm labor housing unit.
November 14, 2000
-
Notice of Violation sent to applicant regarding replacement of water tanks without permits.
June 18, 2001
-
Status letter sent to applicant requesting additional information regarding farm-related activities conducted on site or conducted by person residing in farm labor unit.
July 5, 2001
-
Application package sent to Certificate of Need for Farm Labor Housing Committee with information provided by the applicant and information researched by the planner regarding farm labor unit.
August 1, 2001
-
Certificate of Need Committee convened. The Committee unable to recommend approval for the farm labor unit and recommended that the applicant revise application and request designation of mobile unit as an affordable housing unit.
August 10, 2001
-
Applicant revised application and requested designation of mobile unit as an affordable housing unit.
September 11, 2001
-
A copy of Initial Study prepared for the project sent to applicant with request for concurrence to mitigation measures.
September 13, 2001
-
Applicant signed letter of concurrence to mitigation measures but wrote a note saying that “Applicant does not concur with Mitigation Measures.” Please see copy (Attachment H) of applicant’s response to request for concurrence to mitigation measures.
October 2, 2001
-
Negative Declaration and Initial Study published and public review period begins.
October 22, 2001
-
Negative Declaration public review period over. Comments received from three individuals.
November 14, 2001
-
Planning Commission public hearing. During the public hearing, the applicant removed his objection to mitigation measures identified in the Initial Study and unambiguously agreed to them.
December 4, 2001
-
Appeals filed by Lennie Roberts and Cynthia Giovanni.
January 15, 2002
-
Board of Supervisors public hearing. Hearing continued to April 16, 2002.
April 16, 2002
-
Board of Supervisors public hearing. Hearing continued to June 18, 2002.
June 18, 2002
-
Board of Supervisors public hearing. Hearing continued to July 23, 2002.
July 23, 2002
-
Board of Supervisors public hearing. Board denied permit application.
October 7, 2002
-
Applicant filed legal action in State Court.
June 29, 2004
-
Board of Supervisors approved settlement of State Court action. County agreed, among other things, to approve Planning permits after applicant pays an additional $12,000 in fees. (Applicant had previously paid $3,720.)
June 30, 2004
-
Applicant paid fees to County in the amount of $12,000. Total fees paid are now $15,720. County expunged recorded Notice of Continuing Nuisance and Notice of Violation(s) of Building Code.
July 27, 2004
-
Board of Supervisors public hearing.
DISCUSSION
A.
PREVIOUS ACTIONS
Previous to the Board actions, on November 14, 2001, the Planning Commission considered the project at one public hearing and unanimously approved the project, with conditions of approval.
Your Board considered the subject applications, on appeal, during numerous public hearings during the first six months of 2002. This item was continued a number of times to allow staff time for site investigation, payment of application fees by the applicant, final list of items to be legalized, and to provide your Board with a final list of recommended conditions of approval. However, on July 23, 2002, your Board denied the permit applications, based on the failure to pay fees and to comply with the well and septic requirements for the affordable housing unit.
On October 7, 2002, the applicant filed a legal action in the State Court system. This case was settled, wherein the applicant was required to comply with a number of actions and in turn, your Board would approve the subject applications after the fees were paid.
B.
KEY ISSUES
1.
Conformance with General Plan
Staff has determined that the project complies with all applicable General Plan Policies, with specific discussion of the following:
a.
Vegetative, Water, Fish and Wildlife Resources
The project complies with Policy 1.23 (Regulate Location, Density and Design of Development) and Policy 1.26 (Protect Fish and Wildlife Resources), which together regulate development to minimize significant adverse impacts to vegetative, water, fish and wildlife resources. The stable and storage shed are clustered near the existing main residence and other buildings (tractor shed, agricultural building, and mobile home) are clustered within a compact area on the property that does not contain sensitive habitats or water bodies.
b.
Visual Quality
The subject property is located within the Higgins-Purisima County Scenic Corridor. Although the property is technically not within the Cabrillo State Scenic Corridor, a portion of the property is visible from the Cabrillo Highway. Policy 4.21 (Scenic Corridors) requires the minimization of adverse visual impacts and protecting and enhancing the visual quality of scenic corridors by managing the location and appearance of structural development. The mobile home unit, tractor shed and the agricultural barn are not visible from either Higgins-Purisima County Scenic Corridor or Cabrillo Highway. The two 5,000-gallon water tanks are also not visible from the scenic corridors. These two water tanks will replace an existing 8,000-gallon tank that will be removed. The stable structure is partially visible for approximate 0.7 miles on Higgins Canyon Road and is also partially visible from Cabrillo Highway. However, given the distance (approximately 1.5 miles from Cabrillo Highway), staff believes the visual impacts of the stable are not significant.
c.
Water Supply
There is an existing agricultural well located near the mobile home that serves the proposed affordable housing unit. The project is conditioned to require legalization of the well to ensure that it is in compliance with all the current applicable regulations governing domestic wells (see Attachment A).
The water supply for the stable structure is from the existing, permitted well for the main residence.
d.
Wastewater Systems
Policies 11.10 through 11.14 (Wastewater Systems in Rural Areas) regulate wastewater management in rural areas. There is an existing septic system that serves the mobile home. The project is conditioned to require legalization of the septic system to ensure that it is in compliance with all the current applicable regulations governing septic systems (see Attachment A). The stable structure, with a bathroom, near the main residence is connected to the existing, permitted septic system for the main residence.
e.
Housing Policies
The proposed designation of affordable housing unit is conditioned in this report to comply with required rent levels and tenant income levels in compliance with General Plan Policy 14.6 (Definition of Affordable Housing).
2.
Conformance with Local Coastal Program (LCP)
The proposed project is in conformance with the Local Coastal Program (LCP). Staff has completed a LCP checklist and the following LCP components are relevant to this project:
a.
Housing
Policy 3.1 (Sufficient Housing Opportunities) promotes through both public and private efforts, the protection and, where feasible, the provision of housing opportunities for persons of low and moderate income who reside, work or can be expected to work in the Coastal Zone. The project proposal is to legalize a mobile home as an affordable housing unit. Approval for this permit will be conditioned to maintain required rent and tenant income levels for the residence. Policy 3.23 (Density Bonus for Affordable Housing in Rural Areas) allows 30 units of affordable housing in rural areas of the South Coast. At this time, number of existing affordable units in the South Coast does not exceed 30.
Policy 3.13 (Maintenance of Community Character) requires that new development providing significant housing opportunities for low and moderate income persons contribute to maintaining a sense of community character by being of compatible scale, size and design. This policy limits the height to two stories to mitigate the impact of this development on the surrounding neighborhoods. The proposed affordable housing unit is a 1,200 sq. ft. single-story structure.
b.
Visual Resources
Policy 8.5.a (Location of Development) requires that new development be located on a portion of a parcel where the development (1) is least visible from State and County Scenic Roads, (2) is least likely to significantly impact views from public viewpoints, and (3) is consistent with all other LCP requirements, best preserves the visual and open space qualities of the parcel overall. The project site is located within the Higgins Canyon County Scenic Corridor. Although the property is technically not within the Cabrillo State Scenic Corridor, a portion of the property is visible from Cabrillo Highway.
The mobile home unit, tractor shed and the agricultural barn are not visible from either Higgins-Purisima Scenic Corridor or Cabrillo Highway. The two 5,000-gallon water tanks are also not visible from the scenic corridors. These two water tanks will replace an existing 8,000-gallon tank that will be removed. The stable structure is partially visible for approximate 0.7 miles on Higgins Canyon Road and is also partially visible from Cabrillo Highway. However, given the distance (approximately 1.5 miles from Cabrillo Highway), staff believes the visual impacts of the stable, composed of composition shingle roof and redwood siding, are not significant.
Policy 8.23 (Utilities in County Scenic Corridors) requires that any new utility lines be installed underground. Staff has conditioned the project to require that any new utility lines required for the project be installed underground.
3.
Conformance with Zoning Regulations
The proposed area of development complies with all development restrictions as required in the Resource Management-Coastal Zone (RM-CZ) District:
Development Standards
In this zoning district, setback restrictions include 50 feet from front property line and 20 feet from all other property lines. The project parcel is a 70-acre site and all structures proposed for legalization are well over 100 feet from all property lines. The height of the structures also is well under the allowed maximum height of 36 feet.
The requirements of the RM-CZ Zoning District necessitate a review of the proposal against criteria outlined in Chapter 36A.2 of the County Zoning Regulations. The primary criteria applicable to this project are Site Design and Primary Scenic Resources Area Criteria. The project has been found to conform to these criteria as discussed below.
Primary Scenic Resources Area Criteria
Public views within and from scenic corridors shall be protected and enhanced, and development shall not be allowed to significantly obscure, detract from, or negatively affect the quality of these views. Vegetative screening or setbacks may be used to mitigate such impacts. Colors and plant materials shall be selected as necessary to minimize visual impacts of development upon scenic corridors.
The project site is located within the Higgins Canyon County Scenic Corridor. Although the property is technically not within the Cabrillo State Scenic Corridor, a portion of the property is visible from Cabrillo Highway.
The mobile home unit, tractor shed and the agricultural barn are not visible from either Higgins-Purisima Scenic Corridor or Cabrillo Highway. The two 5,000-gallon water tanks are also not visible from the scenic corridors. These two water tanks will replace an existing 8,000-gallon tank that will be removed. The stable structure is partially visible for approximate 0.7 miles on Higgins Canyon Road and is also partially visible from Cabrillo Highway. However, given the distance (approximately 1.5 miles from Cabrillo Highway), staff believes the visual impacts of the stable, composed of composition shingle roof and redwood siding, are not significant.
4.
Conformance with Requirements for Stable Permit
The permit application is also for the legalization of a private stable to allow three horses on a 70-acre parcel. The stable application is in compliance with the requirements of the Stable Ordinance. The stable to house three horses meets the requirements for distance from the residence on the same parcel, distance from residences on adjacent parcels, distance from side property line, and distance from street or front property line. There are three 288 sq. ft. paddocks adjacent to the stable structure. As a condition of approval, the applicant will be required to submit a manure management plan that provides information on storage and disposal of manure.
5.
Conformance with Affordable Housing Policies
The proposal to designate an existing living unit on the project site as an affordable housing unit is consistent with the policy requirements of the General Plan and the Local Coastal Program. Local Coastal Program Policy 3.1 (Sufficient Housing Opportunities) encourages the provision of affordable housing in the Coastal Zone. Affordable housing is defined in the General Plan as housing with a contract price or rent which is affordable by very low, low or moderate income households. The project also conforms with Local Coastal Program Policy 3.23 (Density Bonus for Affordable Housing in Rural Areas) which states that in addition to the number of density credits permitted by zoning regulations, allow 30 dwelling units of affordable housing to be built and land divided for this purpose in rural areas of the South Coast. Staff is recommending a condition of approval requiring the applicant enter into an agreement with the Board of Supervisors executing income and rent controls for this unit.
C.
ENVIRONMENTAL REVIEW
An Initial Study was completed and a Negative Declaration issued in conformance with CEQA guidelines. The applicant signed the letter of concurrence to mitigation measures but attached a note stating that “The applicant does not concur to mitigation measures.” Please see a copy of applicant’s response for full language (Attachment H). On County Counsel’s advice, the Initial Study and the Negative Declaration were published and the public review period began on October 2, 2001, and ran through October 22, 2001. During the Planning Commission hearing, the applicant removed his objection and agreed to the mitigation measures identified in the Initial Study.
During the public review period of the Initial Study and Negative Declaration, comments were received from Lennie Roberts, Committee for Green Foothills, Cynthia Giovanni and Steven Karlin (copies of their comments are included as Attachment I). Their comments and staff’s response is summarized below. The comments are in bold followed by staff response.
In addition, the application includes the legalization of the 720 sq. ft. top-story enclosure to the existing residence. Staff believes this component of the project would qualify for a CEQA exemption under Section 15301, Class 1, Existing Facilities; additions to existing structures provided the addition will not result in an increase of more than 50% of the floor area of the structure before the addition, or 2,500 sq. ft., whichever is less.
1.
Comments By Lennie Roberts, Committee for Green Foothills
The project description is incomplete, as it does not match items enumerated in a Press Release sent to various newspapers on April 19, 2001 by Mr. Braun. The following discrepancies are noted between the April 2001 Press Release with the 1991 Coastal Development Permit: