COUNTY OF SAN MATEO

Inter-Departmental Correspondence

 

ENVIRONMENTAL SERVICES AGENCY

 

DATE:

January 27, 2005

BOARD MEETING DATE:

February 8, 2005

SPECIAL NOTICE/HEARING:

10 days within 500 ft.

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

 

FROM:

Marcia Raines, Director of Environmental Services

 

SUBJECT:

Consideration of (1) a Zoning Text and Map Amendment, pursuant to Section 6550 of the County Zoning Regulations to rezone the subject parcel from R-2/S-50 (Two-Family Residential) to PUD (Planned Unit Development); (2) a Minor Subdivision, pursuant to Section 7010 of the County Subdivision Ordinance and the State Subdivision Map Act; (3) a Street Name Assignment, pursuant to the State Fire Code; and (4) certification of a Mitigated Negative Declaration pursuant to the California Environmental Quality Act, to subdivide an 11,675 sq. ft. parcel into three parcels, at 81 Amherst Avenue, in the unincorporated North Fair Oaks area of San Mateo County.

 
 

County File Number:

PLN 2003-00294 (Cahoon)

 

RECOMMENDATION

 

1.

Approve the proposed Zoning Text and Map Amendment, Tentative Map, Street Name Assignment and Mitigated Negative Declaration, County File Number PLN 2003-00294, by adopting the required findings and conditions of approval as contained in Attachment A.

   

2.

Adopt the ordinance to change the subject parcel’s Zoning Map designation from R-2/S-50 (Two-Family Residential/5,000 sq. ft. Minimum Parcel Size) to “PUD-130” (Planned Unit Development-130).

   

3.

Adopt the ordinance to enact, applicable only to the subject parcel, the “PUD-130” (Planned Unit Development-130) Regulations.

 

VISION ALIGNMENT

 

Commitment: Redesign our urban environment to increase vitality, expand variety and reduce congestion.

 

Goal: (11) Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.

 

The Planning Commission, in making its decision, found that the proposed project is a desirable guide for future growth of this area of the County and utilizes the subject parcel in a manner that could increase the vitality of the neighborhood and increases the number of housing units in the County without negatively impacting adjacent properties. By approving the proposed Zoning Text and Map Amendments, the Board would be reinforcing this goal.

 

BACKGROUND

 

Proposal: The applicant is proposing to rezone the project parcel from R-2/S-50 (Two-Family Residential/5,000 sq. ft. minimum parcel size) to PUD (Planned Unit Development) in order to subdivide the parcel into lots that are smaller than 5,000 sq. ft. If approved, the proposed PUD rezoning will allow for the construction of three units on this parcel instead of the two that would be allowed under its current zoning. The proposed PUD zoning will also allow for reduced setbacks on each new parcel. These reduced setbacks will occur between the proposed structures. Setbacks to external property lines will conform to the S-50 standards. Because of the reduced setbacks between the new structures, the PUD will also need to authorize the establishment of daylight planes on only certain setback lines. The proposed PUD zoning will also allow for greater floor area on Parcel 3 than would normally be allowed under the existing zoning. However, the Floor Area Ratio (FAR) for the entire project will not exceed the 45% of parcel size as allowed under the current zoning.

 

The applicant is proposing to subdivide an 11,675 sq. ft. parcel to create three residential parcels of 4,125 gross sq. ft. (Parcel 1), 3,907 gross sq. ft. (Parcel 2), and 3,643 gross sq. ft. (Parcel 3). A 185-foot long easement will cross all three parcels to provide access for future residents of this development. The applicant has submitted a Street Name Change application to name this easement “Amherst Court.”

 

The second phase of the project will involve the construction of three single-family houses on the parcels created by the subdivision. Two of the houses will be 1,698 sq. ft. in size, and the third will be 1,898 sq. ft. The existing residences on the site will be demolished to accommodate this proposed development. Construction of the proposed access and other required improvements will require approximately 200 cubic yards of cut and fill. Based upon the submitted tentative map, one significant size tree will be removed to allow construction of the access road.

 

Planning Commission Action: On December 8, 2004, the Planning Commission voted 5-0 to recommend that the Board of Supervisors approve this project. The Commission supported the project with modifications to Condition 10 (Tree Protection Measures) and the addition of Condition 16 (Staff Level Design Review).

 

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

 

Applicant: Glenn Cahoon

 

Owner: 81 Amherst L.P.

 

Location: 81 Amherst Avenue, North Fair Oaks

 

APN: 060-281-160

 

Size: 11,675 sq. ft.

 

Existing Zoning: Existing Zoning: R-2/S-50 (Two-Family Residential/5,000 sq. ft. minimum parcel size)

 

General Plan Designation: Medium - High Density Residential (8.8-17.4 d.u./net acre)

 

Sphere-of-Influence: Redwood City

 

Existing Land Use: Two vacant bungalows

 

Water Supply: California Water Service

 

Sewage Disposal: Fair Oaks Sewer Maintenance District

 

Flood Zone: Zone C (Areas of minimal flooding), Community Panel No. 060311-0252B, Effective Date: July 5, 1984

 

Environmental Evaluation: Initial Study and Mitigated Negative Declaration issued with a public review period between October 23, 2004 and November 15, 2004

 

Setting: The project site is an 11,675 sq. ft., L-shaped lot. It is relatively flat, with a slope of less than 2% across its length. Currently, there are two dilapidated residential structures on the site. Vegetation consists of a handful of mature trees, primarily oaks, located along the perimeter of the parcel. The project site is bordered by residential development to south, east and west. To the north is a parking lot, associated with adjacent commercial development, which fronts onto Fifth Avenue.

 

Chronology:

 

Date

 

Action

     

May 27, 2003

-

Application submitted.

     

October 23, 2004

-

Environmental Review document circulated for public comment.

     

December 8, 2004

-

Planning Commission hearing. Project approved 5-0.

     

January 25, 2005

-

Board of Supervisors hearing.

 

DISCUSSION

 

A.

KEY ISSUES

   
 

1.

Compliance with the General Plan

     
   

The project, as proposed and conditioned, conforms with the applicable General Plan policies, as discussed below.

     
   

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 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.

     
   

Visual Quality

     
   

Policy 4.20 (Utility Structures). This policy requires the minimization of visual impacts caused by utility structures, such as overhead wires, utility poles, etc. To avoid the visual clutter of overhead utility lines, the Planning Commission is recommending a condition of approval which requires all utility lines to be placed underground from the nearest existing utility pole.

     
   

Policy 4.35 (Urban Area Design Concept). This policy requires new development to be harmonious and in scale with the neighborhood in which it is located. The original proposal would have permitted a floor area of 59.5% where the S-50 zoning regulations only allow 45%. In staff’s opinion, this would have resulted in an overbuilt parcel and conflicted with surrounding development. Additionally, approving the proposed FAR would have conflicted with the intent of the neighborhood, which requested a 45% FAR when the S-50 zoning regulations were adopted in 1995. During its environmental review of this project, staff recommended a mitigation measure requiring the applicant to reduce the size of the proposed houses so that the total amount of development on the site did not exceed the 45% FAR. The applicant agreed to this measure and has submitted revised house plans. In the Planning Commission’s opinion, the revised house plans bring the project into scale with the surrounding neighborhood, and the architectural features of the houses will provide an improved aesthetic environment over the existing dilapidated structures on the site.

     
   

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-High Density Residential Use” at 8.8 to 17.4 dwelling units per net acre. The proposed land division and re-zoning represents an average of 11.1 residential dwelling units per net acre and complies with the land use designation.

     
 

2.

Compliance with Zoning Regulations

     
   

As stated previously, the project is located in the R-2/S-50 zoning district. The project includes a proposal to change the zoning of this parcel to PUD. In order to understand the ramifications of this zoning change, it is important to compare the proposed development to the existing S-50 regulations, under which all surrounding development must comply. Below is a table listing the development standards for the S-50 zoning district and how each proposed parcel compares with the applicable standard.

STANDARD

S-50 (Existing Zoning)

PROPOSED (PUD)

Building Site Width

50 feet

50 feet

Building Site Area

5,000 sq. ft.

Lot 1: 4,125 sq. ft. (gross)*

   

Lot 2: 3,904 sq. ft. (gross)*

   

Lot 3: 3,643 sq. ft. (gross)*

Development Density

17.4 dwelling units/net acre

11.1 d.u./net acre

Building Setbacks

   
 

Front:

20 feet

Lot 1:

20 feet

 
     

Lot 2:

14 feet

 
     

Lot 3:

7 feet

 
 

Sides:

5 feet

Lot 1:

5 feet and 20 feet

     

Lot 2:

5 feet and 20 feet

     

Lot 3:

5 feet and 10 feet

 

Rear:

20 feet

Lot 1:

14 feet

 
     

Lot 2:

26 feet

 
     

Lot 3:

6 feet

 

Building Floor Area Ratio

45%**

44.9%

Building Site Coverage Area Ratio

50%

28.72%

Building Height

28 feet, not to exceed two habitable stories

27 feet

Daylight Plane

Along all setback lines a vertical distance of 20 feet from the existing grade and then inward at an angle of 45 degrees until a maximum height of 28 feet is reached.

Lot 1:

Daylight plane encroachment along rear setback line

 

Lot 2:

Daylight plane encroachment along front setback line

 

Lot 3:

Daylight plane encroachment along front and rear setback lines

*

The PUD zoning is intended to allow lesser sized parcels.

**

Floor area specifically includes: (1) the floor area of all stories, excluding uninhabitable attics, as measured from the outside face of all exterior perimeter walls, and (2) the area of all decks, porches, balconies, or other areas covered by a waterproof roof which extends 4 or more feet from exterior walls, and (3) the area of all garages and carports.

   

Parcel Size: The applicant has proposed to subdivide the project parcel with common easements and CC&Rs binding the three lots together. As can be seen in the above chart, the gross area of each proposed lot would be less than the minimum required under the existing zoning. If the Board of Supervisors decides to approve this proposal, then the depicted gross parcel sizes will become fixed with the customized PUD zoning and cannot be changed without the additional approval of the Planning Commission and Board of Supervisors.

     
   

Building Setbacks: As can be seen above, each proposed house will have at least one non-conforming setback. This is due primarily to limited size and configuration of each parcel. Of primary concern to the Planning Commission is the relationship of this project to residences on adjacent parcels. Along the property lines where proposed development abuts existing residences, the applicant is proposing to maintain a 5-foot side yard setback. This is in keeping with the existing S-50 zoning regulations. The one location where new development will not comply with the existing zoning is along the rear property line. Normally a 20-foot setback is required along this property line, however, the applicant is proposing a 5-foot setback. The adjacent parcel along this property line is currently used as a parking lot for a vacant commercial building. From the perspective of neighboring residences, the proposed development is no closer to them than what would be allowed under the existing zoning. Within the proposed development, setbacks between the residences will be less than that typically required due to the reduced parcel sizes and configuration. These unique features are included as elements of the customized PUD regulations.

     
   

Daylight Plane: Externally, from the perspective of the adjacent residences, the new homes that will be built as a result of this project will conform to the daylight plane requirements of the S-50 zoning district. However, internally, the new residences will violate the S-50 daylight plane requirements, again due to the reduced parcel sizes and configuration of the proposal.

     
   

Parking: The plans indicate that each house will provide only one covered parking space, where two are normally required. The project will also provide five uncovered parking spaces, for a total of eight off-street parking spaces. For a single-family residence, the County parking regulations require two parking spaces. Thus, the applicant is proposing two off-street parking spaces above and beyond what is required by the County regulations. One difference between this proposal and a more traditional single-family development is that there will not be a standard 20-foot driveway in front of each garage. Frequently, garages are used for storage rather than parking. With more traditional residential development, the driveway replaces the garage for purposes of off-street parking. That will not be the case with this project. Therefore, to prevent a situation where insufficient on-site parking could cause spillover onto Amherst Avenue, the Planning Commission is recommending a condition of approval which restricts the use of each garage expressly for the parking of the owner’s vehicles. Said condition shall be incorporated into the CC&Rs for the property.

     
   

Landscaping: The S-50 zoning regulations require the area within the front yard setback to be landscaped to include ground cover, shrubbery, and trees (minimum 10-gallon size) at the rate of one tree per 50 feet of street frontage. The applicant has not submitted landscape plans at this time. However, the proposed parcel map and development site plan both indicate landscaping areas along the front, rear and southwest property line. A condition of approval is included which requires the applicant to submit a landscaping plan including replacement of at least one tree (with a 10-gallon replacement tree), prior to recordation of the parcel map.

     
 

3.

Compliance with Planned Unit Development (PUD) Findings

     
   

The differences between the existing S-50 zoning and the proposed PUD zoning were discussed above. However, Section 6191 of the Zoning Regulations states that no PUD District shall be enacted for any area unless and until the Board of Supervisors has first:

     
   

Reviewed a precise plan of the subject area and its environs, and found that the proposed zoning of the area would be in harmony with said plan, and would not be in conflict with the County Master Plan (i.e., 1986 General Plan), or with any current land use plan for a sub area of the County previously adopted by the Commission.

     
   

Staff Response: The Planning Commission believes, based on the previous discussion in the General Plan Compliance section of this report, that the proposed PUD Zoning District regulations are in harmony with the applicable General Plan policies. Additional required findings listed below (italicized), stipulate that the specific PUD District:

       
   

a.

Is a desirable guide for the future growth of the subject area of the County.

       
     

Staff Response: The proposed PUD Zoning District affects only the single subject parcel, allowing an intensification of use from two-family residential, to multi-family residential (three parcels, each with a single-family dwelling). The subject property is somewhat unique from surrounding R-2 zoned parcels in that it is approximately 2,500 sq. ft. larger and configured in such a manner that the back portion (approx. 2,200 sq. ft.) has limited utility. While the proposed zoning change would allow for a greater number of residential units on this parcel than the current zoning allows, the overall intensity of development (i.e., the total amount of floor area to be constructed) will not exceed that which is currently allowed under the S-50 zoning regulations. Additionally, development restrictions designed to protect adjacent residences (setbacks and daylight planes) have been maintained. Where deviations from the current zoning are necessary is within the boundaries of the project parcel. Once the parcel has been subdivided into three lots, the proposed houses will have setbacks and daylight planes that depart from those required by the S-50 regulations. There is precedent within this neighborhood for an increased intensity of development as proposed here. 120-132 Amherst Avenue is a condominium subdivision approved by the County in 1980.

       
   

b.

Will not be detrimental to the character, social and economic stability of the subject area and its environs, and will assure the orderly and beneficial development of such areas.

       
     

Staff Response: The existing residences on the site are dilapidated structures constructed in the 1950s. Replacement of these structures with new buildings, constructed to today’s building codes will enhance the value of this parcel and the surrounding area. Each of the proposed houses will be less than 2,000 sq. ft. in size, in keeping with surrounding homes in this neighborhood.

       
   

c.

Will be in harmony with the zoning in adjoining unincorporated areas.

       
     

Staff Response: The zoning in the adjacent unincorporated area to the west is C-2/S-1. To the south, east, and north the zoning is R-2/S-50. The neighborhood is generally bounded by Fifth Avenue on the west, the Southern Pacific Railroad tracks to the north, El Camino Real to the south and the City of Atherton to the east. As stated previously, there are several PUDs within this neighborhood. The proposed project is at a lower density than these developments and appears, from a visual perspective, to be in relative harmony with development in this neighborhood.

       
   

d.

Will obviate the menace to the public safety resulting from land uses proposed adjacent to highways in the County, and will not cause undue interference with existing or prospective traffic movements on said highways.

       
     

Staff Response: The proposed project will result in one more house than what would normally be allowed on this parcel. This incremental increase will result in 9-16 additional vehicle trips per day. The Planning Commission believes that the street which serves the project site, Amherst Avenue, is sufficiently improved and wide enough to accommodate this increase in traffic volume. El Camino Real borders this neighborhood and provides adequate access to Amherst Avenue. There is no reason to believe that the proposed project will adversely or significantly impact local or regional traffic patterns or volumes.

       
   

e.

Will provide adequate light, air, privacy and convenience of access to the subject property and further, that said property shall not be made subject to unusual or undue risk from fire, inundation, or other dangers.

       
     

Staff Response: The Planning Commission believes that the project’s overall site design, the proposed buildings locations and setbacks relative to adjacent residences, and to each other, provide adequate light, air, privacy and convenience of access to the subject property. Additionally, the site is in an area of minimal flooding and the project design has been reviewed and found satisfactory by the Menlo Park Fire Protection District.

       
   

f.

Will not result in overcrowding of the land or undue congestion of population.

       
     

Staff Response: The Planning Commission believes that the project’s proposed number of residences and overall built density, relative to the parcel size, will not create an overcrowding of the parcel or undue congestion.

       
 

4.

Compliance with Subdivision Regulations

     
   

The proposed minor subdivision has been reviewed by staff and the Planning Commission with respect to regulations of both the State Subdivision Map Act and the County Subdivision Ordinance. The Department of Public Works, and the Menlo Park Fire 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, Planning staff and the Planning Commission 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 A.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 the proposed development for the following reasons: (1) the new parcels will be served by both community water and sewer systems; and (2) the new parcels will be accessed via the proposed 20 ft. wide access easement, across the parcel. No significant grading is necessary to prepare the project site for the proposed development and only one significant size tree must be removed to accommodate the development.

       
   

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 project has been reviewed under CEQA and a Mitigated Negative Declaration prepared for the Board of Supervisor’s consideration. Mitigation measures have been included to reduce potentially significant impacts. The applicant has already modified their project proposal to comply with one of the mitigation measures. This modification is the project that is presented to the Board of Supervisors today. The remaining mitigation measures have been included as conditions of approval.

       
   

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.

       
   

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.

       
 

5.

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 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 $18,415.11 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.

     
 

6.

Compliance With Street Name Assignment

     
   

As a condition of approval for this project, the Menlo Park Fire Protection District 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 Board of Supervisor’s action, three tasks were involved in the processing of this application.

     
   

a.

Examination of maps to determine if there are similar or identical names within 5 to 10 miles that might be confused with the proposed street name.

       
     

Staff has examined both the Thomas Brothers Street Guide and our own GIS database for names similar to “Amherst Court” and found none.

       
   

b.

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

       
     

The County Public Safety Communications Division, CHP, County Sheriff, and Menlo Park Fire District were notified of the proposed street naming. 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.

       
   

c.

Public Notification

       
     

(1)

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.

         
     

(2)

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.

         
       

That the proposed street naming of “Amherst Court” in the North Fair Oaks area will assist in the effective delivery of public services and will not be detrimental to the public welfare in the neighborhood.

         
       

The Planning Commission 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. The Planning Commission believes this proposed street name will not be detrimental to the public welfare.

         

B.

REVIEW BY THE NORTH FAIR OAKS COMMUNITY COUNCIL

   
 

The North Fair Oaks Community Council reviewed the proposed project at their November 20, 2003 meeting and recommended approval. However, the Council did express several concerns they would like addressed:

   
 

1.

Drainage

     
   

Staff Response: The applicant has submitted drainage calculations which indicate that the proposed on-site retention system will be adequate to handle the amount of rainfall associated with a 100-year storm with a duration of 10 minutes. These calculations have been reviewed by the County Building Inspection Section and the Department of Public Works. Both Departments agree with the calculations and believe that the on-site retention system will be sufficient to address a significant rainfall event.

     
 

2.

Repositioning of the air-conditioning units away from adjacent residences.

     
   

Staff Response: The Planning Commission is recommending a condition of approval prohibiting the placement of air-conditioning units within the side yard setbacks.

     
 

3.

Protection of the Oak trees

     
   

Staff Response: The Planning Commission is recommending a condition of approval requiring the applicant to implement a tree protection plan for these two trees, prior to any demolition, grading, or construction activity on the project site.

     
 

4.

Restrictions on the use of the garages for parking only

     
   

Staff Response: This issue was discussed above under “Zoning.” The Planning Commission is recommending a condition that requires all garages be kept free and clear and used for parking.

     
 

5.

Reduction in unit size, particularly the rear unit

     
   

Staff Response: In response to mitigation measures proposed by staff during the environmental review process for this project, the applicant has reduced the size of all three units so that the total floor area of the project does not exceed 45% of the parcel size, as set under the existing S-50 zoning regulations.

   

C.

ENVIRONMENTAL REVIEW

   
 

An Initial Study was completed and a Negative Declaration issued in conformance with CEQA guidelines (see Attachment E). The public review period for this document was October 23, 2004 through November 15, 2004. Staff has received no comments.

   

D.

REVIEWING AGENCIES

   
 

Department of Public Works

 

Building Inspection Section

 

County Counsel

 

California Water Service

 

Menlo Park Fire Protection District

 

North Fair Oaks Community Council

   

FISCAL IMPACT

 

Not applicable.

 

ATTACHMENTS

 

A.

Recommended Findings and Conditions of Approval

B.

Location Map

C.

Tentative Parcel Map

D.

Proposed Site Plan

E.

Proposed Building Floor Plans

F.

In-Lieu Park Fee Worksheet

G.

Initial Study and Negative Declaration

H.

Proposed PUD Zoning Text Amendment Ordinance

I.

Proposed PUD Zoning Map Amendment Ordinance

   
   

MJS:kcd/kdr - MJSP0014_WKU.DOC

Attachment A

 

COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

 

RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL

 

Permit or Project File Number:

Board Meeting Date: February 8, 2005

 

PLN 2003-00294

 

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 Planned Unit Development Zoning Amendment, Find:

   

5.

That the proposed zoning of the area would be in harmony with said plan, and would not be in conflict with the County Master Plan (i.e., 1986 General Plan), or with any current land use plan for a sub area of the County previously adopted by the Board of Supervisors, and that the specific PUD District under consideration:

   
 

a.

Is a desirable guide for the future growth of the subject area of the County.

     
 

b.

Will not be detrimental to the character, social and economic stability of the subject area and its environs, and will assure the orderly and beneficial development of such areas.

     
 

c.

Will be in harmony with the zoning in adjoining unincorporated areas.

     
 

d.

Will obviate the menace to the public safety resulting from land uses proposed adjacent to highways in the County, and will not cause undue interference with existing or prospective traffic movements on said highways.

     
 

e.

Will provide adequate light, air, privacy and convenience of access to the subject property and further, that said property shall not be made subject to unusual or undue risk from fire, inundation, or other dangers.

     
 

f.

Will not result in overcrowding of the land or undue congestion of population.

     

Regarding the Subdivision, Find:

   

6.

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.

   

7.

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

   

8.

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.

   

9.

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.

   

10.

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

   

Regarding the Street Name Assignment, Find:

   

11.

That the proposed street naming of “Amherst Court” in North Fair Oaks 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 Division

 

1.

This approval applies only to the proposal and plans in this report and submitted to and approved by the Board of Supervisors. Minor adjustments to the project in the course of applying for building permits may be approved by the Planning Director if they are consistent with the intent of and in substantial conformance with this approval.

   

2.

This subdivision approval 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 7013.5.c. 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.

   

3.

Prior to the beginning of any earth moving, demolition, or construction activities, the applicant shall submit to the Planning Division for review and approval, an erosion, sediment and drainage 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 County Wide Stormwater Pollution Prevention Program “General Construction and Site Supervision Guidelines,” including:

   
 

a.

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

     
 

b.

Removing spoils promptly, and avoiding stockpiling of fill materials when rain is forecast. If rain threatens, stockpiled soils and other materials shall be covered with a tarp or other waterproof material.

     
 

c.

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

     
 

d.

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

     
 

e.

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

     

4.

Prior to the issuance of an occupancy permit for the last house built on this project site, the applicant shall replace all removed trees at a 1:1 ratio, minimum replacement size of 15 gallons.

   

5.

All grading/site preparation associated with this subdivision and the subsequent construction of new houses shall be limited to between the hours of 7:30 a.m. to 5:30 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday. Construction activities shall be prohibited on Sunday and any nationally observed holiday. Noise levels produced by construction activities shall not exceed the 80 dBA level at any one moment and shall otherwise be subject to the limits imposed by the San Mateo County Ordinance Code, Chapter 4.88.

   

6.

Prior to recordation of the Parcel Map, the applicant shall pay to the San Mateo County Planning and Building Division $18,415.11 for in-lieu park fees as required by County Subdivision Regulations, Section 7055.3.

   

7.

Planning and building permits shall be applied for and obtained from the Planning and Building Division for any future construction on the newly created parcels.

   

8.

No air-conditioning compressor units shall be located within a side yard setback. 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.

   

9.

This approval allows for the removal of one significant size tree only. This tree is the 18-inch diameter apple tree located between the proposed house on Parcel 2 and the proposed house on Parcel 3.

   

10.

Prior to any demolition, grading, or construction activity on the project site, the applicant shall implement a tree protection plan. Said plan shall remain in place through a final building permit inspection for the applicable parcel. The plan shall include:

   
 

a.

All trees to be preserved, adjacent to construction areas will be fenced with 6-foot 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.

     
 

b.

Said fencing shall be installed prior to commencement of construction/demolition activities and be approved by Planning staff prior to the beginning of site disturbance.

     
 

c.

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

     
 

d.

Any trenching for foundations or subsurface utility lines shall be done by hand when such trenching occurs within the drip line of protected trees. No roots greater than 2” dia. shall be cut without prior consultation with a certified arborist and approval of the Planning Division.

     
 

e.

In the area adjacent to or within the drip line of protected trees, the applicant shall use a pier and grade, or similar type of foundation to minimize potential impacts to tree roots of protected trees.

     
 

f.

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

     
 

g.

The pruning of branches greater than two inches in diameter must be reviewed and approved in advance by a certified arborist and the Planning staff.

     
 

h.

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

     

11.

Prior to the issuance of any demolition, grading, or construction permit, 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.

   

12.

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. 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.

   

13.

Prior to the issuance of a building permit for new construction on the project site, the applicant shall submit a landscape plan to the Planning Division for review and approval. Said plan shall be prepared by a licensed landscape architect and include irrigation details. Said plan shall include at least one tree to replace the significant tree removed as part of the subdivision improvements. Said landscaping plan shall be installed prior to the issuance of a Certificate of Occupancy for the last house resulting from this project.

   

14.

Prior to the recordation of the parcel map, the applicant shall submit for review and approval by the County Planning Division “Covenants, Conditions and Restrictions.” Once approved by the County, said document shall be recorded with the final map and become binding upon all three parcels created by this project. This document shall expressly state that:

   
 

a.

Each garage depicted on the approved plans shall be used exclusively for parking of resident’s vehicles. No garage shall be used in such a manner as to prevent its use for parking.

     

15.

All utilities necessary to provide service to the three new parcels shall be installed from the nearest existing utility pole. No new poles are permitted to be installed.

   

16.

Prior to the issuance of a building permit for any new structure on this parcel, the Planning Division shall review said plans against the design standards contained in Section 6565.17 (Standards For Design In Other Areas) of the County Zoning Regulations. All new structures shall be harmonious with structures in the vicinity.

   

Street Name Assignment

   

17.

The street name shall become effective 45 days from approval to allow for public notification with Public Service Agencies.

   

18.

The street must be clearly marked from the entrance on Amherst Avenue so emergency vehicles can locate the street. The new signs must meet Menlo Park Fire District requirements in terms of size and location. The applicant shall contact Menlo Park Fire District for these requirements prior to installation.

   

19.

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.

   

Department of Public Works

   

20.

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.

   

21.

Plans, with specific construction details, shall be stamped and signed by the registered civil engineer and submitted to the Public Works Department for review and approval prior to construction.

   

22.

The applicant shall demonstrate, to the satisfaction of the Public Works Department and the appropriate Fire District or Fire Marshal, that the proposed roadway access from Amherst Avenue to the building sites meets or exceeds the County’s and the Fire District’s minimum standards for “Safe and Adequate Access,” including provisions for handling both the existing and the proposed drainage.

   

23.

The applicant shall have designed, by a registered civil engineer, and shall construct an access roadway meeting the required minimum standards. Said roadway shall be a minimum of 17 feet wide and shall show specific provisions and details for handling both the existing drainage and the proposed drainage, including necessary drainage structures. These plans for access shall also meet all conditions and requirements of the appropriate fire jurisdiction.

   

24.

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 of 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 Public Works Department for review and approval.

   

25.

The applicant shall record documents which address future maintenance responsibilities for all private drainage, drainage facilities, and roadway facilities which are to be constructed. Prior to recording these documents, they shall be submitted to the Public Works Department for review.

   

26.

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

   

27.

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.

   

28.

The applicant shall submit to the Public Works Department 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.

   

29.

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 Public Works Department prior to the issuance of the permit.

   

30.

The applicant shall submit written certification from the appropriate energy and communication utilities to the Public Works Department 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.

   

31.

“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.

   

32.

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.

   

33.

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

   

Menlo Park Fire Protection District.

   

34.

The proposed roadway shall be capable of supporting the imposed weight of fire apparatus (40,000 pounds) and shall be provided with an all weather-driving surface.

   

35.

The applicant shall construct all proposed improvements, including access and fire hydrant, as shown on the plans approved by the Fire District on November 17, 2004.

   

Residential fire sprinkler systems are required in all new structures. Said systems shall have an interior alarm, activated by the flow switch, that is audible in all sleeping areas.

   
   

MJS:kcd - MJSP0014_WKU.DOC