COUNTY OF SAN MATEO

Inter-Departmental Correspondence

ENVIRONMENTAL SERVICES AGENCY

DATE:

February 13, 2006

BOARD MEETING DATE:

March 7, 2006

SPECIAL NOTICE/HEARING:

500’ Notice

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Marcia Raines, Director of Environmental Services

SUBJECT:

Consideration of (1) a General Plan/Local Coastal Program Amendment, and Rezoning, pursuant to the Policies of the County General Plan and Local Coastal Program, and a Use Permit Amendment, Off-Street Parking Exception, Coastside Design Review and Coastal Development Permit, pursuant to Sections 6500, 6120, 6565.7, and 6328 of the County Zoning Regulations, respectively; and (2) certification of a Mitigated Negative Declaration, pursuant to the California Environmental Quality Act, to allow a 2,267 sq. ft. patio addition to the Miramar Beach Restaurant and to allow the creation of 19 tandem parking spaces in the existing parking lot and construction of a new 22-space parking lot, requiring that the three parcels to be used for the proposed parking areas be rezoned from “Single-Family Residential/Design Review” (R-1/S-94/DR) to “Parking/Design Review” (P/DR), and that the General Plan Designation of these parcels be changed from “Medium-Low Density Residential” to “General Commercial (Coastside).” The project is located at 131 Mirada Road, in the unincorporated Miramar area of San Mateo County. The Rezoning and General Plan/Local Coastal Program Amendment requires approval by the California Coastal Commission, while the Use Permit, Off-Street Parking Exception and associated Coastal Development permit are appealable to the California Coastal Commission.

County File Number:

PLN 2003-00386 (Paul McGregor/Mark Jamplis)

RECOMMENDATION

1.

Approve by resolution, subject to certification by the California Coastal Commission:

The General Plan and Local Coastal Program Amendment, changing the General Plan Land Use designation of the specified parcels from “Medium-Low Density Residential” to “General Commercial (Coastside)”;

2.

Approve by ordinance, subject to certification by the California Coastal Commission:

The Zoning Map amendment, changing the zoning designation of the specified parcels from “Single-Family Residential/10,000 sq. ft. Minimum Parcel Size/Design Review” (R 1/S 94/DR) to “Parking/Design Review” (P/DR);

3.

Approve, subject to certification by the California Coastal Commission of the aforementioned ordinance and resolutions, the Use Permit Amendment, Design Review, Off-Street Parking Exception and Coastal Development Permit, County File Number PLN 2003-00386, to construct a 2,267 sq. ft unroofed patio addition adding 130 seats onto the existing restaurant, and the addition of 19 tandem and 22 standard parking spaces required for the expanded restaurant, by making the required findings and adopting the conditions of approval in Attachment A.

4.

Certify the Negative Declaration, by making the required findings in Attachment A.

5.

Direct staff to transmit the aforementioned ordinance and resolution amendments to the California Coastal Commission for certification with the California Coastal Act.

VISION ALIGNMENT

Commitment: Responsive, effective and collaborative government.

Goal: Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain. The project has undergone full environmental review, is supported by the Midcoast Community Council and surrounding residents and has been recommended for approval by the Planning Commission. The project is designed to address the need for visitor-serving facilities on the Coast and to enhance the economic vitality of the Midcoast area.

BACKGROUND

Proposal: The proposed project involves a 2,267 sq. ft. uncovered, outdoor dining area addition, for 130 seats, to the Miramar Beach Restaurant, which will be screened by a 6-foot wooden fence between 8-foot high posts. The addition requires issuance of a Use Permit Amendment, Coastal Development Permit, and Design Review for the restaurant expansion. To accommodate the additional dining guests, an Off-Street Parking Exception is required to create 19 tandem parking spaces in the existing parking lot, because the regulations require standard access parking spaces. The restaurant addition also triggers the need to convert an adjacent vacant parcel to a 22-space parking lot, which will take access off Coronado Avenue. The total number of existing and proposed restaurant parking spaces would be 87 (including the required number of handicap parking spaces) and will accommodate the maximum allowable number of restaurant guests, which, after the proposed addition, will be 249 diners. The creation of tandem parking, however, requires issuance of an Off-Street Parking Exception.

The Rezoning, General Plan and Local Coastal Program amendments are required because the parcels on which the existing and proposed parking areas for the restaurant are located are currently zoned for residential uses. In order to accommodate the expanded parking use, these parcels must be zoned “Parking” and the General Plan designation of these parcels would be changed from “Medium-Low Density Residential” to “General Commercial (Coastside),” which is appropriate for parking associated with commercial use.

Planning Commission Decision: On December 22, 2005, the Planning Commission voted unanimously to recommend that the Board of Supervisors certify the Negative Declaration and approve all project elements, subject to certification of the zoning and general plan amendments by the California Coastal Commission. The Planning Commission’s decision included minor changes to the conditions of approval. In particular, in response to the need to provide additional handicap parking spaces, the proposed total number of restaurant seats was reduced from 267 to 249.

Report Prepared By: Dave Holbrook, Senior Planner, Telephone 650/363-1837

Owner: Mark Jamplis

Applicant: Paul McGregor

Owner: 131 Mirada Road, Miramar

APNs:

048-013-110, -120, -130, -150 and -160;

048-013-750, -760 and –770

Parcel Size: 0.81 acres (approximately 35,200 sq. ft.)

Existing Zoning:

048-013-110, -120, -130, -750 and –760: (Coastside Commercial
Recreation/Design Review)

048-013-150, -160, -770: R-1/S-94/DR/CD (Single-Family Residential/10,000 sq.
ft. minimum parcel/Design Review/Coastal Development

General Plan Designation:

048-013-110, -120, -130, -750, and -760: General Commercial (Coastside)

048-013-150, -160, and -770: Medium-Low Density Residential (2.4 – 6.0 Dwelling Units per acre)

Existing Land Use:

048-013-110, -120, -130, -150, -750, -760, and -770: Miramar Beach Restaurant and Parking Lot

048-013-160: Vacant Lot

Water Supply: Coastside County Water District

Sewage Disposal: Granada Sanitation District

Flood Zone: FEMA Flood Zone Map indicates the parcel is located in Zone V8, area of 100 year coastal flooding with velocity per Community Panel No. 060311 225 C; effective July 5, 1984.

Environmental Evaluation: Initial Study and Mitigated Negative Declaration issued, with a public review period from August 30, 2005 to September 29, 2005.

Setting: The project site is located at the northeast corner of Mirada Road and Coronado Avenue in Miramar, west of Highway 1 and north of Half Moon Bay. Mirada Road runs north to south and has frontage along the Pacific Ocean. The project site is relatively flat and the majority of the site is developed with a 2-story building, which houses the Miramar Beach Restaurant on the first floor. The second floor had housed an apartment, which has since been removed. The existing restaurant has 137 seats and 54 parking spaces. To the east of the restaurant is an existing parking lot and an 8,800 sq. ft. section of the property, which is undeveloped and vegetated with native grasses and weeds. The currently undeveloped section of the property is proposed to be developed with a new expanded parking area for the restaurant, which will take access off Coronado Avenue. There are no parcels directly connected to the project site which are developed. However, there are developed residential properties in the neighborhood east of (behind) the Miramar Beach Restaurant. Across from the project site at the southeast corner of Mirada Road and Coronado Avenue is the Miramar Beach Inn Bed-and-Breakfast. To the south along Mirada Road are various commercial businesses, including an art gallery and other bed-and-breakfast establishments.

Chronology:

Date

Action

May 25, 1966

-

San Mateo County Planning Division (UP 1872) approved, allowing construction of Miramar Beach Restaurant.

September 2, 1993

-

Zoning Hearing Officer approves a Use Permit Amendment and Off-Street Parking Exception to allow an 820 sq. ft. addition to the restaurant and 11 on-site compact parking spaces.

October 18, 2000

-

Major Pre-Application Review process completed by County Planning Division for proposed Rezoning of adjacent properties to accommodate larger parking lot proposed by applicant, with one public meeting held and referrals made to all interested community organizations.

June 30, 2003

-

Applications submitted for Rezoning, General Plan Amendment, Local Coastal Program Amendment, Use Permit Amendment, Off-Street Parking Exception, Coastal Development Permit, and Coastside Design Review.

December 20, 2004

-

Application materials complete.

August 30, 2005

Initial Study and Mitigated Negative Declaration are issued and public comment period begins.

September 29, 2005

Public comment period for Initial Study and Mitigated Negative Declaration ends. Staff received one comment regarding the Negative Declaration (see Section B for full discussion).

December 22, 2005

-

Planning Commission public hearing.

DISCUSSION

A.

KEY ISSUES OF THE APPEAL

1.

Compliance with General Plan

Staff has reviewed the proposed project for conformance with the County General Plan and has found it to be in conformance with all applicable policies, specifically the following:

a.

Chapter 4 – Visual Resources

Policies 4.37 and 4.38 (Urban Design Review District and Commercial Signs) require that applicable design review standards are applied to the review of all new development and that the size and location of commercial signs is regulated. As discussed below, in Section A.4 of this report, the project proposal complies with all applicable Design Review standards. The proposed restaurant addition has been designed to be compatible with the style of the existing restaurant and will employ the use of natural colors and materials that will match the existing structure. Additionally, the only new signs proposed for the restaurant at this time are those required by the County Planning Division to designate parking areas and assist in the flow of traffic into and out of the parking areas. Prior to installation, the design of all signs will be approved by the Planning Division to ensure compliance with applicable Design Review standards, as conditioned. Thus, as designed and conditioned, the proposal conforms to the full intent of these General Plan Policies.

b.

Chapter 8 – Urban Land Use

Policy 8.3 (Land Use Objectives for Urban Neighborhoods) provides guidelines for land uses in urban areas, recommending that general plan designations provide for a mix of both residential and commercial uses. The Miramar Beach Restaurant is located on a parcel that is zoned for commercial uses and is adjacent to residentially zoned parcels. The restaurant has been an historical use in the neighborhood, located there for almost 40 years. The applicant is proposing to expand the commercial use and re-designate parcels currently zoned for residential uses to parking, thereby allowing the existing commercial use to expand. The expansion of the existing commercial use and the designation of residential parcels for parking uses will result in a suitable mix of commercial and residential uses in the neighborhood, as the rezoning is limited in scope and is intended only to provide adequate space for the restaurant to meet the County’s Parking Regulations to the greatest extent feasibly possible. Therefore, staff believes that this project conforms with the requirements of this General Plan Policy.

Policy 8.13 (Appropriate Land Use Designations and Locational Criteria for Urban Unincorporated Areas) establishes criteria for appropriate designations of commercial land uses. This policy requires that the General Commercial land use designation is only applied to areas where there is adequate demand for commercial uses, adequate access is dedicated to said commercial areas, and parking is available. As previously indicated the existing restaurant use is an historical use in the neighborhood. Staff believes that the existing use is compatible with surrounding areas and that the expansion of the restaurant will serve to benefit a growing Coastside community. Additionally, via site inspection, staff has confirmed that there is existing adequate infrastructure that serves the restaurant (i.e. paved roads) and the applicant has proposed a parking plan, including valet parking, to ensure neighborhood streets remain free of restaurant parking. Therefore, the proposed restaurant expansion meets the locational guidelines and standards established by this policy.

Policies 8.15 and 8.18 (Land Use Compatibility and Standards) require that commercial land uses are located in an area that is compatible with surrounding uses and that site and performance standards are enforced to ensure high quality of all commercial development. As discussed above under the discussions of General Plan Policies 8.3 and 8.13, staff concludes that the proposed use is compatible with the surrounding neighborhood. Additionally, below, under Sections A.4 and A.5, staff outlines how the project conforms to all applicable Zoning Regulation requirements and Use Permit Findings. Therefore, the proposal is in conformance with these policies.

Policy 8.38 (Height, Bulk, and Setbacks) regulates development to ensure that it is compatible with parcel size. The proposed project, as described under the “Proposal” Section of this report and as indicated under staff’s responses to the project’s conformance with Policies 4.37 and 4.38 above, complies fully with the required Design Review standards for the Coastside. The proposal is a fenced, outdoor addition that will have a lower maximum height than the existing building. The addition will be subordinate to the existing structure and meets all zoning requirements for height and setbacks. Therefore, the proposed addition is compatible with existing parcel development and parcel size.

Policy 8.39 (Parking Requirements) requires that on-site parking standards provide adequate parking for the development and prevent congestion on public streets. As previously indicated, in response to Policy 8.13 above, the project includes the creation of an expanded parking lot for the restaurant use and tandem valet parking to ensure that adequate on-site parking is available. Staff has reviewed the parking plans and completed a site inspection, determining that as there is sparse residential development and limited commercial development in the surrounding neighborhood, with resultant demands on adjacent roads negligible. Staff believes that the proposed parking plan will be sufficient in ensuring that there is no overflow parking from the restaurant onto the surrounding residential streets and that traffic congestion will be adequately prevented. For these reasons, the project is in conformance with the parking standards established by this General Plan Policy.

2.

Conformance with Local Coastal Program (LCP)

The proposed project is located in the CD (Coastal Development) Overlay District and must comply with the County’s LCP. Staff has completed a Coastal Development Permit Checklist and a Shoreline Access Checklist. Staff has found that the proposed project is in conformance with all applicable LCP Policies, specifically the following:

a.

Chapter 1 – Planning and Locating New Development

Policy 1.31 (Local Coastal Program Amendments) establishes the guidelines by which the County LCP may be amended and who has the authority to approve such an amendment. Changes to zoning and general plan designations, as are proposed with this project, constitute LCP amendments. This policy establishes that the Board of Supervisors may approve such amendments to the Zoning Map and General Plan Land Use Map. Staff is recommending that the Planning Commission direct the Board of Supervisors to approve the Zoning and General Plan Land Use Designation Map Amendments as required by this policy and to transmit the amendments to the California Coastal Commission for verification of its compliance with the California Coastal Act. Thus, the processing of this project will be in full conformance with this section.

b.

Chapter 8 – Sensitive Habitats

Policies 8.12 – 8.13 (Structural and Community Features-Urban Areas) require that all new urban development meet the design guidelines for coastal communities and the protection of ocean view. The proposed project is located west of Cabrillo Highway (Highway 1) and is located within the Cabrillo Highway County Scenic Corridor. Staff feels that the proposal as designed will be compatible with the existing structure and will not be visually intrusive in the natural scenic qualities of the area. Additionally, the proposed addition conforms with applicable Design Review standards, as indicated in Section A.4.b of this report. These policies also require that all development protect ocean views from public viewing points. After completing a site visit, staff determined that this project will not disturb ocean views from any adjacent roadways or public lands. The proposed development is an unroofed, fenced addition attached to an existing building on Mirada road and will not exacerbate the existing conditions of obstructed views towards the ocean as the project is subordinate to existing structures. Additionally, the applicant is proposing to apply earthtone colors and a landscape plan to enhance the addition and proposed parking areas to ensure that the development will be consistent with existing structures and will blend with the natural setting of the area. Therefore, the project is in conformance with the design standards of these policies.

Policy 8.32 (Regulation of Scenic Corridors in Urban Areas) requires that all new development within a designated County Scenic Corridor meet applicable Design Review Standards and Community Design Manual Guidelines. See discussion of Policies 8.12 and 8.13 above for a review of the project’s conformance to all applicable design standards.

c.

Chapter 9 – Hazards

Policy 9.9 (Regulation of Development in Floodplains) requires that all development within a designated Flood Hazard Area meet all applicable Building Code Regulations to ensure safety of the proposed development. This policy reinforces that County Building Codes require that structures are elevated above base flood elevation and that they do not exacerbate the potential flood hazard to surrounding structures. The project is located in Flood Zone V8, which requires all new and substantially improved buildings are elevated to or above the base flood elevation (BFE) of 27 feet above sea level or to employ the use of building techniques that will prevent dangerous structural damage in the event of a flood disaster. The project has been reviewed by the Building Inspection Section, and the determination has been made that the proposal complies with the development requirements of the Federal Emergency Management Agency (FEMA) and the County, by employing the use of such structural features as reinforced concrete flooring and break-away fencing. Thus, qualified County staff has determined that the project complies will all applicable standards for new construction in a flood hazard area and is in compliance with this policy.

d.

Chapter 10 – Shoreline Access

Policy 10.22 (Parking) requires that new commercial development designate a minimum of 20% of their total required parking spaces for beach user parking between the hours of 10:00 a.m. and 4:00 p.m. daily. These policy guidelines also require that parking areas be landscaped to limit their visual impact in scenic areas. The restaurant currently provides designated parking for beach access and will be required as a condition of this approval to increase the number of beach access parking spaces to 18 of the total parking spaces provided, as conditioned. Additionally, the applicant has proposed a landscaping plan as a part of the application submittal which is intended to reduce the visual impact of the parking lots on residential neighbors (see Attachment H). Staff concludes that the project as proposed and conditioned will meet all requirements of this LCP policy.

e.

Chapter 11 – Recreation/Visitor Serving Facilities Component

Policies 11.7 (Urban Areas) and 11.9 (Ocean Front Land in Urban and Rural Areas) establish locational criteria for the designation of Coastside Commercial Recreation (CCR) land uses, stipulating that areas near the shoreline and already developed with visitor serving commercial uses are appropriate sites for the CCR land use designation. See full discussion under Section A.1.b of this report for an outline of how this proposed Rezoning and General Plan Amendment meet all the County requirements for locating and developing commercial uses the in County’s Midcoast area.

3.

Rezoning, General Plan Amendment, and Local Coastal Program Amendment

The proposal includes rezoning three of the project parcels from R-1/S-94/DR (Single-Family Residential/10,000 sq. ft. minimum parcel size/Design Review) to P/DR (Parking/Design Review) and changing their current General Plan designations from Medium Density Residential to General Commercial (Coastside). The existing restaurant parking lot is located on two of the existing Parcels 048-013-150 and -770, directly east of the restaurant. The proposed expanded parking lot will be located on 048-013-160, which is currently a vacant lot and will be connected to the existing parking lot via a proposed walkway. This proposal requires changes to the County’s Zoning Map and General Plan Map. Also, because the project is in the Coastal Zone and Zoning Maps are incorporated into the LCP, the project requires a Local Coastal Program Amendment. In order to approve the proposed amendments, the following finding must be made:

The Rezoning, General Plan Amendment and Local Coastal Program Amendments are in harmony with the surrounding area and will not be in conflict with the San Mateo County General Plan or Local Coastal Program.

As addressed above under Sections A.1 and A.2, the proposed project is in full conformance will all applicable General Plan and Local Program Policies regarding the location of commercial activities in the urban area of the Coastal Zone. The proposed rezoning will allow an existing historical use in the neighborhood to expand and provide additional parking for the proposed expansion. Staff has found no evidence to indicate that the proposal will be a nuisance to the surrounding neighborhood, as no community complaints have been received regarding the existing restaurant operation and no objections have been received regarding the current proposal (see Section C below), staff feels that the proposal will be in harmony with the surrounding area. Thus, the required finding for the Rezoning, General Plan, and Local Coastal Program Amendments can be made.

4.

Compliance with Zoning Regulations

The proposed restaurant addition is located on a parcel zoned Coastside Commercial Recreation/Design Review (CCR/DR). Staff has reviewed the proposed addition and has determined the project conforms to all applicable development and performance standards outlined in the Zoning Regulations for the restaurant use and its expansion in this zoning district.

a.

Use

Section 6267 of the County Zoning Regulations stipulates that restaurants are an allowed use in the CCR Zoning District, subject to issuance of a use permit by the County Planning Division. As indicated under the “Background” Section of this report, the first use permit to allow the construction of the Miramar Beach Restaurant was issued in 1966. There have been subsequent revisions to the restaurant’s use permit and the current proposal to add an outdoor seating area requires a Use Permit Amendment. Under Section A.5 of this report below, staff discusses the required finding for issuance of a Use Permit Amendment and the projects conformance with that finding. If the required Use Permit Amendment is approved, the project will be in full conformance with the provisions of this Section.

b.

Design Review

The CCR Zoning Regulations require that all development projects in the district are reviewed for full conformance with Coastside Design Review Standards outlined in Chapter 28.1 of the County Zoning Regulations. Staff has reviewed the project for conformance with these standards and finds it to be in full compliance will all applicable Design Review guidelines, specifically the following design standards:

(1)

Proposed structures are designed and situated so as to retain and blend with the natural vegetation and landforms of the site and to insure adequate space for light and air to itself and adjacent properties;

(2)

Views are protected by the height and location of structures and through the selective pruning or removal of trees and vegetative matter at the end of view corridors;

(3)

Public views to and along the shoreline from public roads and other public lands are protected;

(4)

The design of the structure is appropriate to the use of the property and is in harmony with the shape, size and scale of adjacent buildings in the community

(5)

Paved areas are integrated into the site, relate to their structure, and are landscaped to reduce visual impact from residential areas and from roadways.

c.

Development Standards

All development in the CCR Zoning District must meet the following development standards as described in Section 6269 of the County Zoning Regulations:

(1)

Coastal Access. Requires that all development comply with the LCP policies regarding beach access for the public at large. See discussion under Section A.2.d of this report.

(2)

Protection of Coastal Resources. Requires that all development be reviewed to ensure potential negative impacts on coastal view corridors and sensitive environmental habitats. Staff completed an Initial Study and Negative Declaration determining that there would be no adverse impact to sensitive environmental resources. Also, see Sections A.1.a and A.2.b of this report for a discussion of how this project protects coastal view corridors.

(3)

Height, Lot Coverage, and Setback Limits. The following chart demonstrates the development restrictions for the CCR district and the proposal’s compliance with those standards:

(4)

Landscaping. Requires a landscaping and signage for all projects to promote attractive yard and parking areas and appropriate parking signage. As previously discussed under Sections A.1.b and A.2.d of this report, the applicant has submitted an adequate landscaping plan to enhance the visual quality of the parking lots adjacent to the restaurant and the applicant will also be installing signage that meets County design standards for designated beach access parking and to indicate traffic patterns into and out of the parking lots.

d.

Performance Standards

(1)

Noise. Requires that all businesses comply with County Noise Ordinance standards to prevent noise levels from becoming a nuisance to adjacent properties. The proposal includes adding an outdoor seating area to the proposed restaurant. It is anticipated that with diners outside the noise level on the restaurant property may increase due to simple normal dinner conversations. It is not however anticipated that the noise emitted from the property will exceed County Noise Ordinance standards. Moreover, staff is recommending a prohibiting the use of amplified sound or music within the outdoor dining area to ensure that the activities at the restaurant will not exceed noise limits, as conditioned.

(2)

Odor. Prohibits uses in the CCR district which emit odors and air pollutants. The standard operation of a restaurant is not expected to create any unpleasant odors or air pollutants. As this restaurant has been in operation for approximately four decades, without any complaints regarding odors filed against it, staff believes that the operation of the restaurant will meet these standards.

(3)

Lighting. Requires all lighting to be designed and located such that direct rays are confined to the premises. The applicant will be required, prior to issuance of any building permits for the property to submit a lighting plan, showing the location of all proposed lighting for the outdoor seating area and the parking areas. This lighting plan will be required to include the light fixture design to ensure that the direction of the lighting after installed will not be pointing towards any neighboring properties, as conditioned.

(4)

Vibration. Prohibits uses that cause vibrations to be perceptible on other properties. There is no equipment that is employed in the restaurant use that will precipitate vibrations such as those indicated in this standard.

(5)

Enclosed Uses. Requires that all uses in the CCR district are contained within a structure unless permitted by a use permit. The applicant is proposing an outdoor seating area that will be adequately screened from adjacent parcels by a 6-foot fence. Therefore, staff feels that allowing this outdoor use, subject to the issuance of this use permit, is appropriate in this case.

(6)

Trash Storage. Establishes requirements for trash storage areas. The applicant is not proposing any additional trash storage areas at this time. Staff, however, as confirmed via a site inspection that the current trash enclosure meets screening the guidelines of the performance standard, as it is enclosed by a 6-foot wooden fence.

e.

Parking Regulations

Section 6119 of the County Zoning Regulations establishes the number of required parking spaces for development within the unincorporated County, directly related to the proposed use. For restaurant uses, one (1) parking space must be provided for every three (3) seats. The applicant is proposing a total of 249 seats in the restaurant, including the waiting area, bar, and indoor and outdoor dining areas. The total number of parking spaces required for 249 dining guests is 89 parking spaces. The applicant is proposing to construct a new parking lot adjacent to the existing parking lot, which will bring the total number of parking spaces for the restaurant to 70 spaces (11 compact and 59 regular spaces). In order to achieve the required number of on-site parking spaces, the applicant is requesting an Off-Street Parking Exception to allow 19 tandem parking spaces that will be accessible via the valet service that the applicant will provide restaurant guests. If the Off-Street Parking Exception is approved, the applicant can provide all the parking spaces required to accommodate the restaurant guests on-site, thereby preventing overflow of parking onto the adjacent residential streets. Therefore, staff feels that the finding required to approve the Off-Street Parking Exception can be made:

That the establishment, maintenance and/or conducting of the off-street parking facilities as proposed are as nearly in compliance with the requirements set forth in Section 6119 of the County Zoning Regulations as are reasonably possible.

The applicant has made every reasonable effort to provide adequate parking for the restaurant establishment, including re-zoning adjacent parcels to allow for an expanded parking lot. The only manner by which to accommodate all the required parking spaces is to allow the applicant to provide valet parking service for tandem parking. Planning Division Staff has reviewed the proposal and feels that the request for valet parking and 19 tandem parking spaces is reasonable as it will allow an historical business to expand and will prevent parking from becoming a nuisance to surrounding residential neighbors, by keeping all parking on-site.

5.

Use Permit Finding

As indicated previously in Section A.4.a of this report, the Coastside Commercial Recreation Zoning District requires issuance of a use permit for restaurant uses. The operating under an existing use permit that was issued in 1966 and amended in 1993. This proposed addition requires an additional Use Permit Amendment. The County Zoning Regulations, Section 6500, requires that the following finding is made before the use permit can be approved:

The establishment, maintenance, and/or conducting of the use will not, under the circumstances of the particular case, result in a significant adverse impact to coastal resources, or be detrimental to the public welfare or injurious to property or improvements in said neighborhood.

Staff has completed a comprehensive environmental review of this project and found that the proposal will not have an adverse impact on the environment. Additionally staff has found this project to be in full compliance with all applicable General Plan and LCP policies and Zoning Regulations. Staff believes that this project will be a benefit to residents and visitors in San Mateo County by expanding an historical use for their enjoyment. Additionally, the applicant has proposed what staff feels is a reasonable solution to the lack of sufficient regular parking spaces for the restaurant, which is tandem parking to be accessible by a valet service. Staff has not received any complaints regarding the existing restaurant use nor has staff received any neighbor objections to the proposal. Therefore, staff believes that this required finding can be made and recommends approval of this project.

B.

ENVIRONMENTAL REVIEW

An Initial Study was completed and a Mitigated Negative Declaration issued in conformance with CEQA guidelines. The public review period for this document was August 30, 2005 to September 29, 2005. Staff received one comment letter from the California Coastal Commission (CCC) regarding the Mitigated Negative Declaration (See Attachment O).

Coastal Commission staff commented that because the Miramar area of San Mateo County takes access off Highway 1, which can experience congestion and bottlenecks, that almost doubling the capacity of the restaurant could have cumulative impacts on coastal access. County staff has reviewed the project considering the comments of the CCC and feels that the comments received do not reflect adequate knowledge of access to the restaurant, an understanding of existing infrastructure serving the restaurant or consideration of typical restaurant patterns. While it is true that the Miramar area, west of Highway 1 takes direct access from the Highway, the restaurant is not located immediately adjacent to the Highway. Therefore, traffic entering and leaving the restaurant will not cause traffic back-ups directly on the Highway, as cars must turn into Miramar and then drive several blocks to the restaurant. Moreover, there are existing paved two-lane roads serving the restaurant and traffic into and out of the restaurant parking areas will be directed to prevent long lines of cars attempting to park in the restaurant parking lots. Further alleviating the possibility of traffic patterns on Highway 1 is the nature of restaurant dining. Restaurants unlike concert events, for example, experience a gradual inflow and outflow of dining guests. There is not an established starting time when all restaurant guests arrive or end time when the restaurant emptied at once. Therefore, the probability of 89 cars trying to enter the Miramar area to reach the restaurant or to exit onto Highway 1 is highly unlikely. Thus, County staff does not believe that the issues raised by the Coastal Commission are applicable to this particular project and that the Mitigated Negative Declaration continues to be complete and accurate as it is currently written.

C.

REVIEW BY THE MIDCOAST COMMUNITY COUNCIL

Staff sent a referral to the Midcoast Community Council (MCCC) requesting their comments on the proposed project on July 17, 2003. On December 6, 2004, the County Planning Division received a letter from the Planning and Zoning Subcommittee of the MCCC (see Attachment M). The MCCC did not object to the proposed project, but did recommend that the parcels involved in the proposal are merged to consolidate parcel numbers and prevent future subdivision of the properties, eliminating the required parking for the restaurant. Staff agrees with these comments and has added to the recommended conditions of approval and condition requiring parcel merger prior to building permit final for the addition, as conditioned.

D.

REVIEWING AGENCIES

Building Inspection Section

Department of Public Works

Geotechnical Section

Coastside County Water District

Granada Sanitary District

Half Moon Bay Fire Protection District

California Coastal Commission

Midcoast Community Council

FISCAL IMPACT

Upon completion, due to the enlargement, the assessed tax revenue on the project parcel would increase.

ATTACHMENTS

A.

Recommended Findings and Conditions of Approval

B.

Location and Parcel Map

C.

Existing and Proposed Zoning Designation

D.

Existing and Proposed General Plan Designation

E.

Site Plan (Including Landscaping & Parking Plans)

F.

Floor Plan

G.

Outdoor Lighting Plan

H.

Board of Supervisors Resolution to Adopt Zoning and General Plan Amendment

I.

Board of Supervisors Ordinance to Change Parcel Zoning Designation

J.

Midcoast Community Council Comments

K.

Initial Study and Mitigated Negative Declaration

L.

California Coastal Comments on Mitigated Negative Declaration

Attachment A

COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL

Permit File Number: PLN 2003-00386

Board Meeting Date: March 7, 2006

Prepared By: David Holbrook

For Adoption By: Board of Supervisors

RECOMMENDED FINDINGS

Regarding the Environmental Review, Find:

1.

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.

2.

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, if subject to mitigation measures contained in the Negative Declaration, will have a significant impact on the environment.

3.

That the Negative Declaration reflects the independent judgment of San Mateo County.

4.

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

Regarding the Rezoning, and General Plan and Local Coastal Program Amendments, Find:

5.

That the Rezoning, General Plan Amendment and Local Coastal Program Amendments are in harmony with the surrounding area and will not be in conflict with the San Mate County General Plan or Local Coastal Program.

Regarding the Coastal Development Permit, Find:

6.

That the project conforms with the plans, policies, requirements and standards for the San Mateo County Local Coastal Program, specifically those policies relating to development in urban areas and Local Coastal Program Amendments.

7.

That the project conforms to the specific findings required by policies of the San Mateo County Local Coastal Program.

Regarding the Use Permit Amendment, Find:

8.

That the establishment, maintenance, and/or conducting of the use will not, under the circumstances of the particular case, result in a significant adverse impact to coastal resources, or be detrimental to the public welfare or injurious to property or improvements in said neighborhood.

Regarding the Off-Street Parking Exception, Find:

9.

That the establishment, maintenance and/or conducting of the off-street parking facilities as proposed are as nearly in compliance with the requirements set forth in Section 6119 of the County Zoning Regulations as are reasonably possible.

Regarding the Design Review, Find:

10.

That the Project as proposed, complies with the Design Review Standards, as outlined in Section 6565.7 of the Zoning Regulations.

RECOMMENDED CONDITIONS OF APPROVAL

Planning Division

1.

This tentative approval applies only to the proposal, documents and plans described in this report and submitted to and recommend for approval by the Planning Commission on December 22, 2005. The Community Development Director may approve minor revisions or modifications to the project if they are consistent with the intent of and in substantial conformance with this approval.

2.

If, after one (1) year from the date of approval, the applicant has not obtained all other necessary permits and made substantial progress toward completing the proposed development, this permit will expire. The permit may be extended beyond one year if the applicant requests an extension in writing and submits payment of applicable extension fees at least thirty (30) calendar days before the expiration date.

3.

The applicant shall not use the upstairs space for any commercial office or residential use. Any intensification of use of this area shall require an amendment to the use permit. No building permits shall be issued for the remodeling or improvement of this space (except for water sprinklers) until an amendment authorizing the proposed use is approved.

4.

The applicant is limited to a maximum of 249 seats in the restaurant, waiting areas, bar, and indoor and outdoor dining areas.

5.

The applicant shall apply for and be issued a building permit prior to the start of any construction, grading or vegetation removal and shall complete the development in accordance with the approved plans as well as install all structures to current building codes.

6.

Prior to the issuance of any building permits, the applicant shall submit to the Planning Division and the Department of Public Works for review and approval, a stormwater management plan, which shows how the transport and discharge of pollutants and soil sediment erosion from the project site will be minimized. The plan shall emphasize the use of pervious materials and minimize water runoff from the site. The goal is to prevent soil sediment and other pollutants from entering the local drainage systems and water bodies, and to protect all exposed earth surfaces from erosion forces. The plan shall clearly delineate the types of measures to be used and the location of where the measures will be placed as well as a sectional drawing showing how the measures shall be installed. All erosion control devices shall be installed on site prior to any construction or grading activities on site. Said plan shall adhere to the San Mateo Countywide 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.

The approved stormwater management plan shall be implemented prior to the start of any construction or grading on the property.

7.

Prior to the start of any construction or grading activities on site, the applicant shall provide a written affidavit to the County Planning Division, signed by the contractor, stating that the contractor has read and understands the approved erosion and sediment control plan and has agreed to be responsible for ensuring that the plan is fully implemented at all times during the construction phase of the project. This affidavit may be included on the building plans or may be submitted as a separate document.

8.

All erosion and sediment controls shall remain in place and be maintained during all times of the year.

9.

All unpaved roads and parking areas, and surfaces being actively graded shall be maintained for dust control. The contractor shall, at a minimum, water all surfaces to control and minimize dust at all times.

10.

Any new parking areas shall be constructed using pervious materials (e.g. pervious concrete or interlocking pavers). The proposed parking surface material shall be shown on all building plans and shall be approved by the Planning Division prior to issuance of any building permits for the property.

11.

Prior to the issuance of any building permits, the applicant shall submit a permanent stormwater management plan, which shall include a site plan and narrative of the types of permanent stormwater controls that will be installed on site to minimize the surface water runoff. At a minimum, the directly connected impervious areas shall be minimized, downspouts shall be directed to landscaped areas and pervious materials shall be used for the access roads, and any proposed patios or walkways.

12.

Prior to the issuance of any building permits, the applicant shall submit to the Planning Division for review and approval a landscaping plan showing all proposed landscaping on site, including revegetation of areas disturbed during construction. The landscaping plan shall emphasize beautification of the proposed parking areas and include planting along property boundaries adjacent to residential parcels. Prior to issuance of the final building permit, Planning Division staff shall confirm that all required landscaping has been installed.

13.

Prior to issuance of any building permits for the property the applicant must submit to the Planning Division for review and approval, signage and parking plans that demonstrate the following on-site parking signage and driveway markings will be completed prior to final Building Inspection:

a.

The parking lot entrance from Mirada Road shall be posted with a double-sided sign stating “One Way, Entrance Only” and the exit onto Coronado Avenue shall be posted with a double sided sign stating “One Way, Exit Only.” Additionally, the sign from the parking lot exiting onto Coronado Road shall state “Right Turn Only” to prevent restaurant traffic from exiting into the neighborhood.

b.

At the entrance of the parking lot that takes access exclusively from Coronado Avenue, a double sided sign shall be posted stating “Two-Way Traffic, Keep Right.” Additionally, the sign from the parking lot exiting onto Coronado Road shall state “Right Turn Only” to prevent restaurant traffic from exiting into the neighborhood.

c.

The two proposed parking lot driveways shall be painted with directional arrows indicating the required directional flow of traffic.

d.

The applicant shall install signs designating “Parking For Beach Access Between the Hours of 10:00 a.m. and 4:00 p.m. Daily” for a minimum of 18 parking spaces on site. These signs shall be made of non-reflective material no greater than 8-1/2” x 11” in size.

14.

All required parking spaces shall be maintained free of debris or obstructions at all times the restaurant is in use.

15.

Prior to issuance of any building permits, the applicant shall submit to the County Planning Division for review and approval a lighting plan showing the design and location of all proposed outdoor lighting, with a specific intent of ensuring that lighting fixtures are designed and located in a manner to prevent off-site glare.

16.

All new power and telephone utility lines to the proposed project shall be installed underground. The lines shall extend from the street or nearest existing utility pole to the main dwelling and/or any other structure on the property, and shall be placed underground. No new utility poles may be installed.

17.

The applicant shall implement their proposed parking plan including parking lot striping and signage controls. The applicant is also responsible for implementing a parking management program including the provision of valet service for all tandem parking spaces. The parking management program shall be a written program submitted to the Planning and Building Division for review and approval prior to issuance of the building permit.

18.

No street parking shall be allowed for restaurant guests. The restaurant owner shall be responsible for ensuring that patrons park in the designated parking lots and not in the adjacent residential neighborhood. Any community complaints regarding parking shall be addressed to the County Planning Division, which shall investigate. If it is determined that adequate on-site parking is not available for the number of guests being served by the restaurant, the County Planning Division may recommend that the number of seats allowed in the restaurant is reduced.

19.

No amplified sound or music shall be allowed outside the restaurant, including the outdoor patio dining area, at anytime.

20.

A 6-foot tall opaque wooden or masonry (not concrete) fence or wall separating the subject site from the residential properties to the east of this parcel shall be constructed at the time that those adjoining parcels are developed.

21.

Prior to issuance of the final building permit by the Building Inspection Section for the proposed restaurant addition, the County Planning Division shall record a parcel merger for all adjoining parcels owned by Mark Jamplis and serving the restaurant use. The applicant shall supply the County Planning Division with a new legal parcel description indicating the new merged parcel configuration for recordation.

22.

All previous conditions of approval for the Use Permit shall continue to remain in effect except for the amendments contained within this new approval.

23.

Any change in intensity of use shall require an amendment to this Use Permit. Such an amendment proposal shall include submittal of a full Use Permit Amendment and Coastal Development Permit application, with applicable fees paid. Such application shall be approved prior to any such revisions to the facility being implemented, with all associated conditions met. Prior to a final building permit inspection, the Planning Division shall confirm conformance with all applicable conditions of approval.

Building Inspection Section

24.

The applicant shall apply for a building permit for the construction of the proposed deck, fencing, and any proposed retaining walls and demonstrate compliance with all applicable “V” zone flood regulations.

Department of Public Works

25.

Prior to the issuance of a building permit, the applicant shall be required to provide payment of “roadway mitigation fees” based on the increased square footage (assessable space) due to the addition of and remodel of the building pursuant to County Ordinance #3277.

26.

No construction work within the County right-of-way along Mirada Road, Magellan Avenue, or Coronado Avenue shall begin until County requirements for the issuance of an encroachment permit are fulfilled.

27.

The new parking lot that will take access off Coronado Avenue shall be graded such that there is no alteration of or obstruction to the drainage patterns or grade elevations at the boundaries of the adjacent parcels. The construction and grading plans for the parking lots shall contain adequate data, including spot elevations as necessary of adjacent parcels to confirm that this requirement is met. Such plans shall be reviewed and approved by the Department of Public Works prior to issuance of the building permit for the restaurant addition and parking lot construction.

Geotechnical Section

28.

At the building permit stage, the applicant will be required to submit a geotechnical report.

Half Moon Bay Fire Protection District

29.

The applicant shall comply with all requirements set forth by the half moon Bay Fire Prevention District.