COUNTY OF SAN MATEO

Inter-Departmental Correspondence

ENVIRONMENTAL SERVICES AGENCY

DATE:

March 22, 2004

SET TIME:

9:30 a.m.

BOARD MEETING DATE:

April 20, 2004

TO:

Honorable Board of Supervisors

FROM:

Marcia Raines, Director of Environmental Services

SUBJECT:

Consideration of an appeal of the decision by the Planning Commission to approve a Coastside Design Review Permit pursuant to Section 6565.1 of the County Zoning Regulations, to construct a new single-family dwelling, located at 221 Carmel Avenue in the unincorporated El Granada area of San Mateo County. This project is not appealable to the California Coastal Commission.

County File Number:

PLN 2003-00344 (Steadman)

RECOMMENDATION

That the Board of Supervisors deny the appeal and uphold the decision of the Planning Commission to approve the project by making the required findings and adopting the conditions of approval listed in Attachment A, which includes the condition requiring that all new utilities be installed underground.

PROPOSAL

The applicant is proposing to construct a new 3,187 sq. ft. single-family dwelling with a 408 sq. ft. attached garage on a 6,250 sq. ft. parcel.

BACKGROUND

Report Prepared By: Farhad Mortazavi, Project Planner, Telephone 650/363-1831

Owner/Applicant/Appellant: John Steadman

Location: 221 Carmel Avenue, El Granada

APN: 047-093-030

Size: 6,250 sq. ft.

Existing Zoning: R-1/S-17/DR/CD (Single Family Residential/5,000 sq. ft. Minimum Parcel Size/Design Review/Coastal Development District)

General Plan Designation: Medium Density Residential (6.1 to 8.7 dwelling units per acre)

Sphere-of-Influence: City of Half Moon Bay

Existing Land Use: Vacant

Water Supply: Coastside County Water District

Sewage Disposal: Granada Sanitary District

Flood Zone: Zone C (Areas of Minimal Flooding), FEMA Community Panel No. 060311 0113 B, effective date August 5, 1984.

Environmental Evaluation: Categorically exempt from CEQA pursuant to Section 15303, Class 3, Construction of New Small Structures

Setting: The subject parcel is relatively flat and undeveloped, and is located on the northern portion of Carmel Avenue between Valencia and Sonora Avenue (see Location Map, Attachment D). Adjacent parcels on either side of the subject parcel and those across the street are developed with 1- and 2-story single-family dwellings, with all but one incorporating overhead utility lines.

DISCUSSION

A.

PREVIOUS ACTION

The Planning Commission voted 3-2 (Commissioners Kennedy and Wong dissenting) to deny the appeal and uphold the decision of the Coastside Design Review Committee (DRC) to approve this project requiring underground utilities. The dissent was based primarily on concerns about existing overhead utilities serving other nearby houses and the cost involved in requiring underground utilities. The Planning Commission found that the underground utilities are mandated in Design Review Standards and upheld the DRC decision by requiring underground utilities.

B.

BACKGROUND

The DRC considered the project on September 11, 2003, and approved the Design Review application for the project. The applicant requested on his submitted plans and at the hearing that the requirement for underground utilities be waived. This requirement is mandated in the Design Review Standards, and is typically made a condition of approval. The DRC denied the applicant's request and included a condition of approval requiring that all new power and telephone utility lines from the nearest existing utility pole to the main dwelling be placed underground (Condition No. 7, Attachment A). The applicant appealed the DRC decision to the Planning Commission and now the Board of Supervisors.

C.

KEY ISSUE OF THE APPEAL

As detailed in Attachment B and as indicated below, the appellant raises the following issue (in bold) in his appeal, followed by staff's response:

Zoning Regulations 6565.1 through 6565.9 for the Coastal Zone state that "utilities will be placed underground where appropriate, to reduce the visual impact in open and scenic areas." I have been required to place underground utilities in an area I believe is not appropriate at significant additional expense to me, as well as significant disruption to the neighborhood.

Staff's Response: The San Mateo County Zoning Regulations, Section 6565.7.1.m of Coastal Design Review District Standards, specifies that "overhead utility lines are placed underground where appropriate to reduce the visual impact in open and scenic areas." Also, page 20 of the County's Community Design Manual under "utilities" states: "underground utility lines should be required except where such undergrounding would result in significant adverse environmental impacts." The vicinity where the vacant parcel is located consists of existing overhead utility lines. However, most homes within a 300-foot radius of the project site were approved prior to adoption and implementation of the Design Review Regulations on July 29, 1976. The required overhead utilities were not enforced prior to that date, and the existence of overhead utility lines in the area is the result of the lack of such regulations.

The Planning Commission believed that their decision requiring underground utilities was appropriate in order to reduce the project's visual impact and would not result in significant adverse environmental impacts. Furthermore, the Midcoast Community Council (MCCC) recommended that the applicant's request to waive the condition be denied (see Section E of this report, and Attachment M).

D.

COMPLIANCE WITH ZONING REGULATIONS

The table below shows the project's compliance with the R-1-S-17 zoning district regulations:

R-1/S-17 Development Standards

Requirement

Proposal

Building Site Area

5,000 sq. ft.

6,250 sq. ft.

Building Site Width

50 ft.

50 ft.

Minimum Setbacks:

Front

20 ft.

20 ft.

Rear

20 ft.

35 ft. 4 inches

Sides

5 ft./10 ft.

10 ft. left side, and 5 ft. on right side

Lot Coverage

2,187 sq. ft. (35%)

1,952 sq. ft. (31.2%)

Building Floor Area

3,312 sq. ft. (53%)

3,187 sq. ft. (50.9%)

Building Height

28 ft.

27 ft.

Minimum Parking

2 covered spaces

2 covered spaces

E.

COMPLIANCE WITH DESIGN REVIEW STANDARDS

The project was found to comply with the County's Coastside Design Review Standards (Section 6565.7), with specific discussion as follows:

a.

Proposed structures are designed and situated so as to retain and blend with the natural vegetation and landforms of the site and to ensure adequate space for light and air to itself and adjacent properties. The project does not require any grading or alteration of natural topography of the almost flat parcel, and does not require the removal of any trees. The nearest structure to the site is a two-story single-family dwelling located at 231 Carmel Avenue. The owner of this property raised objections to DRC regarding blockage of ocean view from the second floor and requested that the house be centered in the lot and trees placed between the two structures for privacy. The DRC considered the neighbor's concerns and incorporated these issues as a condition of approval (see Attachment A, Condition of Approval No. 3), modifying the side setbacks to include 7.5 feet on each side. This neighbor did not appeal the project nor submit any objection letter to staff, and was not present at the Planning Commission hearing. Thus, the Planning Commission felt the project contains adequate space for light and air to itself and adjacent properties.

b.

Where grading is necessary for the construction of structures and paved areas, it blends with adjacent landforms through the use of contour grading rather than harsh cutting or terracing of the site and does not create problems of drainage or erosion on its site or adjacent property. The relative flat parcel requires minimal grading for construction of the structure.

c.

Streams and other natural drainage systems are not altered so as to affect their character and thereby using problems of drainage channels and other areas subject to inundation. There are no streams or natural drainage systems at the site.

d.

Structures are located outside flood zones, drainage channels and other areas subject to inundation. The project is not located within a flood zone, natural drainage channel, or other areas subject to inundation.

e.

Trees and other vegetation land cover are removed only when necessary for the construction of the structures or paved areas in order to reduce erosion and impacts on natural drainage channels, and maintain surface runoff at acceptable levels. The proposal does not include the removal of any trees.

f.

A smooth transition is maintained between development and adjacent open areas through the use of natural landscaping and plant materials which are native or appropriate to the area. The DRC and ultimately the Planning Commission approved the project's landscape plan, with a condition to include three more trees of white birch species (Condition of Approval No. 3.a. Attachment A), appropriate to the area, on the right side of the property to smooth the transition between the development and adjacent open areas.

g.

Views are protected by the height and location of structures and through the selective pruning or removal of tree and vegetative matter at the end of view corridors. The site is located within an urban area in El Granada and does not contain view corridors.

h.

Construction on ridgelines blends with the existing silhouette and by maintaining natural vegetative masses and landforms and does not extend above the height of the forest or tree canopy. The project is not located on a ridgeline.

i.

Structures are set back from the edge of the bluffs and cliffs to protect views from scenic areas below. The site is not located on the edge of a bluff or cliff.

J.

Public views to and along the shoreline from public roads and other public lands are protected. The project is in an urban area of El Granada, and is not within any viewshed from the Cabrillo Highway to the west or other public lands.

k.

Varying architectural styles are made compatible through the use of similar material and colors which blend with the natural setting and surrounding neighborhoods. The proposed project conforms with design requirements including varying architectural styles. The proposed earth tone, dark brown color for the walls help to reduce the mass of the building, and make it blend with the natural setting and surrounding neighborhood. Houses of similar colors and materials appear in the surrounding neighborhood. The Planning Commission believed that the architectural style of the structure is compatible with the surrounding structures and is in harmony with the neighborhood.

l.

The design of the structure is appropriate to the use of the property and is in harmony with the shape, size, and scale of the adjacent building in the community. The proposed structure includes articulated facade design to break the mass of the structure. The project includes earth tone colors of dark brown for the walls and a light beige trim color for contrast. The proposal is for a single-family dwelling which is an allowed use and adjacent to a two-story structures on the west side and further across the street. The Planning Commission felt that the proposed structure is in harmony with the shape, size and scale of the adjacent buildings.

m.

Overhead utility lines are placed underground where appropriate to reduce the visual impact in open and scenic areas. The Planning Commission approved the project with a condition that all new service lines be placed underground (Condition of Approval No. 7, Attachment A).

n.

The number, location, size, design, lighting, materials, and use of colors in signs are compatible with the architectural style of the structure they identify and harmonize with their surroundings. There are no signs proposed for this project.

o.

Paved areas are integrated into the site, relate to their structure, and are landscaped to reduce visual impact from residential areas and from roadways. The garage is located 20 feet from the street (complying with 20 feet front yard setback requirement). The 320 sq. ft. driveway and walkway is 16 wide, minimizing square footage of the paved areas.

F.

MIDCOAST COMMUNITY COUNCIL (MCCC) REVIEW

The MCCC reviewed the project on August 13, 2003, and ultimately recommended that the applicant's request to waive the underground utility requirement be denied (see Attachment M). These comments were forwarded to and acknowledged by the DRC at their September 11, 2003 meeting.

G.

ENVIRONMENTAL REVIEW

This project is categorically exempt from CEQA, pursuant to Section 15303, Class 3, Construction of New Small Structures.

H.

REVIEWING AGENCIES

Department of Public Works

Building Inspection Section

Half Moon Bay Fire Protection District

Coastside County Water District

Granada Sanitary District

Midcoast Community Council

VISION ALIGNMENT

The proposal to construct a new single-family residence keeps the commitment to offer a full range of housing choices and goal number 9, Housing exists for all people at all income levels and for all generations of families. This proposal contributes to this commitment and goal by providing more available housing in the County.

ATTACHMENTS

A.

Findings and Conditions of Approval

B.

Appeal Application

C.

Vicinity Map

D.

Location Map

E.

Site Plan

F.

First Floor Plan

G.

Second Floor Plan

H.

East Elevation

I.

South Elevation

J.

North Elevation

K.

West Elevation

L.

Planning Commission and Design Review Committee decision letters

M.

MCCC Letter

Attachment A

COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL

Permit or Project File Number:

Board Meeting Date: April 6, 2004

PLN 2003-00344

Prepared By: Farhad Mortazavi

For Adoption By: Board of Supervisors

RECOMMENDED FINDINGS

For the Environmental Review:

1.

Find that the project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), Section 15303, Class 3, Construction of New Small Structures.

For the Design Review:

2.

Find that this project has been reviewed under and found to be in compliance with the Design Review Standards for Coastside Districts, Section 6565.7 of the San Mateo County Zoning Regulations.

RECOMMENDED CONDITIONS OF APPROVAL

Planning Division

1.

The project shall be constructed in compliance with the plans approved by the Board of Supervisors. Any changes or revisions to the approved plans shall be reviewed by the Design Review Officer or, where necessary, the DRC for approval.

2.

This permit shall be valid for five years from the date of approval by which time the applicant shall be issued a building permit. Any extension of this permit shall require submittal of an application for permit extension and payment of applicable extension fee sixty (60) days prior to the expiration date.

3.

The applicant shall forward the following list of requirements, stipulated by the Planning Commission, to the Design Review Officer for review and approval. These changes shall be included on the applicant's building permit plans:

a.

The structure shall be centered on the property with a 7.5-foot setback on each side.

b.

The new landscape plan shall incorporate three more trees of white birch species on the right side of the property.

4.

The applicant shall provide "finished floor elevation verification" to certify that the structure is actually constructed at the height shown on the submitted plans. The applicant shall have a licensed land surveyor or engineer establish a baseline elevation datum point in the vicinity of the construction site.

a.

The applicant shall maintain the datum point so that it will not be disturbed by the proposed construction activities until final approval of the building permit.

b.

This datum point and its elevation shall be shown on the submitted site plan. In addition, this datum point shall be used during construction to verify the elevation of the finished floors relative to the existing natural or to the grade of the site (finished grade).

c.

Prior to planning approval of the building permit application, the applicant shall have the licensed land surveyor or engineer indicate on the construction plans: (1) the natural grade elevations at the significant corners (at least four) of the footprint of the proposed structure on the submitted site plan, and (2) the elevations of proposed finished grades.

d.

In addition, (1) the natural grade elevations at the significant corners of the proposed structure, (2) the finished floor elevations, (3) the topmost elevation of the roof and (4) garage slab elevation, must be shown on the plan, elevations, and cross-section (if one is provided).

e.

Once the building is under construction, prior to the below floor framing inspection or the pouring of the concrete slab (as the case may be) for the lowest floor(s), the applicant shall provide to the Building Inspection Section a letter from the licensed land surveyor or engineer certifying that the lowest floor height--as constructed--is equal to the elevation specified for that floor in the approved plans. Similarly, certifications on the garage slab and the topmost elevation of the roof are required.

f.

If the actual floor height, garage slab, or roof height--as constructed--is different than the elevation specified in the plans, then the applicant shall cease all construction and no additional inspections shall be approved until a revised set of plans is submitted to and subsequently approved by both the Building Official and Planning Director.

5.

During project construction, the applicant shall, pursuant to Section 5022 of the San Mateo County Ordinance Code, minimize the transport and discharge of stormwater runoff from the construction site into storm drain systems and water bodies by:

a.

Using filtration materials on storm drain covers to remove sediment from dewatering effluent.

b.

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

c.

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.

d.

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

e.

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

f.

Limiting and timing applications of pesticides and fertilizer to avoid polluting runoff.

6.

The applicant shall include an erosion and sediment control plan on the plans submitted for the building permit. This plan shall identify the type and location of erosion control devices to be installed upon the commencement of construction in order to maintain the stability of the site and prevent erosion and sedimentation off-site.

7.

All new power and telephone utility lines from the street or nearest existing utility pole to the main dwelling and/or any other structure on the property shall be placed underground. The applicant's building plans shall clearly indicate this and the underground installation shall be confirmed prior to final approval of the building permit.

8.

The applicant shall apply for a building permit and shall adhere to all requirements from the Building Inspection Section, the Department of Public Works and the Half Moon Bay Fire Protection District.

9.

No site disturbance shall occur, including any grading, until a building permit has been issued. No trees have been approved for removal.

10.

To reduce the impact of construction activities on neighboring properties, comply with the following:

a.

All debris shall be contained on-site; a dumpster or trash bin shall be provided on site during construction to prevent debris from blowing onto adjacent properties. The applicant shall monitor the site to ensure that trash is picked up and appropriately disposed of daily.

b.

The applicant shall remove all construction equipment from the site upon completion of the use and/or need of each piece of equipment, which shall include but not be limited to tractors, back hoes, cement mixers, etc.

c.

The applicant shall ensure that no construction-related vehicles shall impede through traffic along the right-of-way on Carmel Avenue. All construction vehicles shall be parked on-site outside the public right-of-way or in locations which do not impede safe access on Carmel Avenue. There shall be no storage of construction vehicles in the public right-of-way.

11.

The exterior color samples submitted as part of the application are approved. Color verification shall occur in the field after the applicant has applied the approved materials and colors, but before a final inspection has been scheduled.

12.

Noise levels produced by the proposed construction activity shall not exceed the 80 dBA level at any one moment. Construction activities shall be limited to the hours from 7:00 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.

Building Inspection Section

13.

At the time of application for a building permit, the following will be required:

a.

An automatic fire sprinkler system will be required. This permit must be issued prior to or in conjunction with the building permit.

b.

If a water main extension or upgrade of hydrant is required, this work must be completed prior to the issuance of the building permit or the applicant must submit a copy of an agreement and contract with the water purveyor guaranteeing this work will be completed prior to finalization of the building permit.

c.

A site drainage plan will be required which can demonstrate how roof drainage and site runoff will be directed to an approved disposal area. Because of the flatness of the lot, a licensed civil engineer will be required to design this system.

d.

A driveway plan and profile must be submitted.

e.

The proposed fireplaces cannot be of the wood burning type.

Department of Public Works

14.

Prior to the issuance of the building permit, the applicant will be required to provide payment of "roadway mitigation fees" based on the square footage (assessable space) of the proposed residence per Ordinance #3277.

15.

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

16.

The applicant shall submit a driveway "plan and profile" to the Department of Public Works, showing the driveway access to the parcel (garage slab) 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 OR 2% higher than the back of walk. The driveway plan shall also include and show specific provisions and details for handling both the existing and the proposed drainage.

17.

The applicant shall prepare a plan indicating the proposed method of sewering this property. This plan should be included on the improvement plans and submitted to the Department of Public Works for review.

18.

The applicant shall submit detailed drawings indicating the "source of" and the "installation location for" the undergrounding of all utilities.

Half Moon Bay Fire Protection District

19.

The applicant shall comply with all conditions required by the Half Moon Bay Fire Protection District.