COUNTY OF SAN MATEO

Inter-Departmental Correspondence

 

ENVIRONMENTAL SERVICES AGENCY

 

DATE:

January 24, 2006

BOARD MEETING DATE:

January 31, 2006

 

TO:

Honorable Board of Supervisors

 

FROM:

Marcia Raines, Director of Environmental Services

 

SUBJECT:

Addendum to Recommended Findings and Revised Conditions of Approval regarding revision to Condition of Approval No. 20 from Case SMN 96-0009 to allow an existing house to be demolished. The California Government Code requires additional findings be made to modify a condition of approval.

 

RECOMMENDATION

That the Board of Supervisors add the attached findings in addition to changing Condition of Approval No. 20 associated with Planning File No. SMN 96-0009. All other findings and conditions of approval would remain as originally approved.

 

DISCUSSION

Section 66472.1 of the California State Government Code requires that these additional findings be made:

 

PRELIMINARY FINDINGS

1.

That there are changed circumstances that make a portion of Condition No. 20 of the conditions of approval of SMN 96-0009, which condition requires that the existing house on the property not be removed or demolished for a period of ten (10) years, no longer appropriate in that substantial evidence has been presented that the house is in a dilapidated condition, not meeting current codes.

   

2.

That a proposed modification to Condition No. 20, to eliminate the 10-year requirement, would not impose an additional burden on the fee owners of the property.

   

3.

That the proposed modification to Condition No. 20, to eliminate the 10-year requirement, does not alter any right, title or interest in the real property reflected on the final map.

   

COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

 

RECOMMENDED FINDINGS AND REVISED CONDITIONS OF APPROVAL

 
 

Permit File Number: SMN 96-0009

Board Meeting Date: January 31, 2006

 

Prepared By: Matt Seubert

For Adoption By: Board of Supervisors

 
 

RECOMMENDED FINDINGS

 

1.

That there are changed circumstances that make a portion of Condition No. 20 of the conditions of approval of SMN 96-0009, which condition requires that the existing house on the property not be removed or demolished for a period of ten (10) years, no longer appropriate in that substantial evidence has been presented that the house is in a dilapidated condition, not meeting current codes.

   

2.

That a proposed modification to Condition No. 20, to eliminate the 10-year requirement, would not impose an additional burden on the fee owners of the property.

   

3.

That the proposed modification to Condition No. 20, to eliminate the 10-year requirement, does not alter any right, title or interest in the real property reflected on the final map.

   

FINDINGS WITH REGARD TO MAP MODIFICATION

 

1.

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

   

2.

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

   

3.

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

   

4.

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

   

5.

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

   

6.

That the discharge waste from the proposed subdivision into an existing community sewer system would not result in violation of existing requirements prescribed by State Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the State Water Code.

   

7.

That the benefits of additional housing are greater than any negative effects the subdivision would have on fiscal and environmental resources.

   

REVISED RECOMMENDED CONDITIONS OF APPROVAL

 

Public Works Department

 

1.

When applicable and prior to the issuance of a building permit, the applicant will be required to provide payment of “roadway mitigation fees” based on the square footage (assessable space) of the proposed building per Ordinance #3277.

   

2.

Should either access or existing or proposed utilities go through the proposed new parcels, the applicant shall provide documentation that “ingress/egress” easements or utility easements exist providing for this use.

   

3.

The applicant shall submit a driveway “Plan and Profile” to the Public Works Department, showing the driveway access to each of the proposed parcels (garage slab) complying with County standards for driveway slopes (not to exceed 20%) and to County standards for the driveways (at the property line) being the same elevation as the center of the access roadway. The driveway plan shall also include and show specific provisions and details for handling both the existing and the proposed drainage.

   

4.

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

   

5.

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

   

6.

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. Upon completion of this review, the applicant or his engineer shall have these plans approved and signed by the appropriate Sewer District.

   

7.

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.

   

8.

The applicant shall submit, to both the Public Works Department and the Planning Division, 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.

   

9.

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.

   

10.

The applicant shall submit written certification from the appropriate energy and communication utilities to the Public Works Department and the Planning Division stating that they will provide energy and communication services to the proposed parcels of this subdivision.

   

11.

“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.

   

12.

No construction work within the County right of way shall begin until County requirements for the issuance of an encroachment permit, including review of appropriate plans, have been met and an encroachment permit issued.

   

13.

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

   

Planning Division

 

14.

The applicant shall be required to obtain approval of a Tree Removal Permit for proposed removal of any tree with a diameter greater than 38 inches in circumference as measured 4.5 feet above the ground.

   

15.

This conditional approval of the tentative map shall expire in two (2) years on February 11, 1998. An extension of time may be applied for and payment of applicable extension fees paid, pursuant to Section 7013.5.c of the County Subdivision Regulations.

   

16.

Prior to the recordation of the final map, the applicant or owner shall pay the in-lieu park fee of $17,611.00 to the Planning and Building Division in accordance with Section 7055 of the County Subdivision Regulations.

   

17.

Prior to recordation of the final map, the applicant or owner shall be issued a demolition permit from the Building Department, for the removal of the shed from Parcel 1 and the detached garage from Parcel 2. Or shall post a bond to the Planning Division of the value of the demolition as estimated by the Building Division.

   

18.

Prior to recordation of the final map, the applicant or owner shall apply for and be issued a building permit for the replacement two car parking structure on Parcel 2.

   

19.

Any homes or additions the existing home shall be of a traditional design which is reviewed and approved by the Planning Director, prior to the issuance of a building permit.

   

20.

The existing home on this property shall not be removed or demolished prior to ten years from date of recordation of the parcel map for this project. Any accessory structures or additions to the existing home shall be designed to conform to the design of the existing building, to the satisfaction of the Planning Director.