(4)

Parking

(a)

Number of Spaces: The following table summarizes compliance with the number of spaces required for the proposed multi-family dwelling and day care uses. There is a lower parking requirement for affordable housing units compared to market rate units. No parking requirement is specified for day care in the PC District, however, the applicant is providing three spaces for staff. Community Care Licensing requires one adult per every eight children, including one teacher for every 24 children, for pre-schoolers; and one adult per every four children, including one teacher for every 16 children, for toddlers. It is not known at this time the exact mix of children in the day care center. As mentioned under Section A.4.a of the staff report, the County Density Bonus Ordinance Section 7902.2.c(1) does allow the incentive of a modification of parking standards, without the need for an Off-Street Parking Exception. In terms of required parking spaces, the proposal does meet the minimum requirements.

(b)

Location of Spaces

1)

Podium Apartments: Required parking shall be provided in a garage below the building.

Response: The proposed podium apartment building meets this requirement.

2)

Small Apartments: Required parking shall be provided in tuck-under garages.

Response: The proposal meets this requirement.

(c)

Parking Garage Design

The project complies with the design standards for podium apartment parking garages, with specific discussion of the following:

1)

Where possible, depress garages so that the first floor is not more than 5 feet above finished grade.

Response: In this project, the high water table prevents this from being reasonably accomplished. The garage cannot be depressed, and the first floor, which sits on the garage roof, is thus elevated 10 feet.

2)

Locate principal pedestrian access points away from the primary vehicle route.

Response: The proposed pedestrian entry court is located 30 feet west of the garage entrance.

3)

Shield garage lighting and automobile headlights from the street.

Response: The garage has a mostly solid wall that will ensure that this requirement is met.

5.

Compliance with the Use Permit Regulations

Approval of the use permit requires finding that the proposed day care center would not be detrimental to the public welfare or injurious to property or improvements in the neighborhood. In addition to this standard use permit finding, the PC District regulations require that the following findings also be made:

a.

The design and operation of the proposed use will further the purpose of the District as stated in Section 6370 of the Zoning Regulations.

b.

The design and operation of the proposed use will conform to the requirements stated in Section 6380 of the Zoning Regulations.

Response: Institutional Day Care Facilities for Children are not specifically mentioned in the High Density Residential designation. However, Other Compatible Uses may be permitted with a Planning permit as determined by the Community Development Director. The unmapped designation High Density Residential-Day Care allows a Day Care Center with a Use Permit.

The proposed 60-children day care center will provide day care services for residents of the development, as well as other area residents and/or BART riders. It will have a positive impact on the surrounding neighborhood and will not be detrimental to public welfare or injurious to property or improvements in the neighborhood. In addition, the project is consistent with the purpose of the PC district as stated in Section 6370, including encouraging the development of a densely-developed, mixed-use neighborhood. The design and operation of the proposed uses will conform to the Zoning Regulations in Section 6380, as stated in Section A.4 of this report.

6.

Compliance with the Design Review District Standards

The proposed project is located within a Design Review District on land designated High Density Residential in the Planned Colma Zone District. The proposed project conforms to the applicable design review standards as stated in Section 6565.19:

a.

Building Orientation: Requires building entrances on streets, pedestrian ways, plazas, and courtyards rather than on the interiors of blocks or parking lots. Blank walls, uncovered parking spaces, and unbroken series of garage doors facing the street are prohibited.

Response: The pedestrian entrance to the podium apartment building is on F Street, as is the entrance to the day care center. The small apartment buildings have individual entrances on pedestrian paths that lead to F Street. The F Street façade is articulated with building projections and windows. The project meets the design requirements.

b.

Building Form: Requires buildings to follow the natural topography by terracing up slopes. Requires variation in floor level, façades, roof patterns, architectural details and finishes of large buildings to create the appearance of several smaller buildings.

Response: The small apartment buildings have pitched roofs, while the podium apartment building has both flat and pitched roof portions of varying height. The podium apartment building has articulation in building façade, with a number of entrances, building projections, windows and balconies. The elevations for the podium apartments show a variety of materials, colors, and finishes. Staff is also recommending a Condition of Approval, #16 in Attachment A, that would require submission and approval of color and material samples for the small apartment buildings at the Building Permit stage. Compliance with this condition would ensure that the buildings meet these requirements.

c.

Façades: Encourages corner entries, towers at corners of buildings, balconies, windows that are recessed, wooden-framed, divided and vertical. Prohibits exterior stairs to upper floor units on street facing façades and the front half of side façades.

Response: These designs are encouraged, rather than required, and the project complies with most of them. The day care center has an entry onto the corner plaza at El Camino Real and F Street. All buildings feature balconies. Most windows are vertical and divided, although aluminum rather than wood frames are proposed. No upper floor units have exterior stairs.

d.

Roofs: Requires that mechanical equipment be screened with parapets or the roof form. Encourages roofs integral to the building’s structure and gable roofs. Prohibits mansard or entirely flat roofs.

Response: The podium apartment building features a number of parapets that can screen mechanical equipment from view. Staff is also recommending a Condition of Approval, #17 in Attachment A, that would require submission and approval of a rooftop screening plan to ensure further compliance with this requirement. None of the buildings has mansard or entirely flat roofs. The small apartment buildings have pitched roofs, while the podium apartment building has both flat and pitched roof portions of varying height.

e.

Materials: Prohibits walls entirely of glass, textured stucco or scored plywood. Encourages smooth finish stucco, horizontal wood siding, light tints and bright accents instead of earthtones, and identical building materials on all sides of buildings.

Response: No building features walls entirely of glass or textured stucco, and no scored plywood is proposed. Material samples for the podium apartment building show smooth stucco in a variety of light and bright colors, as well as horizontal lap siding. The elevations submitted show similar materials and colors on all building sides. To ensure further compliance with this requirement, staff is recommending a Condition of Approval, #16 in Attachment A, that would require submission and approval of color and material samples for the small apartment buildings, and for the field verification of approved color and materials for all buildings prior to final building inspection.

f.

Walls, Fences, and Landscaping: Encourages low walls, fences or hedges along front property lines.

Response: Compliance with these standards are encouraged, rather than required. The frontage along El Camino Real features low shrubs and a 6-foot high metal fence. This fence adds a safety measure to prevent access to the Colma Creek concrete drainage channel.

g.

Podium Apartments Requirements

(1)

Street entries placed every 50 to 60 feet.

Response: Lot 1 has five entries in its approximately 420 feet of street frontage, for an average of one every 84 feet. The westernmost three entrances do, in fact, meet the spacing requirement. The necessity of elevating the site out of the flood plain, and the consequent necessity of constructing a berm along the F Street frontage, make additional entrances impractical and more costly. Section 6565.10 of the Zoning Regulations allows that “Regulation of design should not be so rigidly enforced that individual initiative is precluded in the design of any particular building or substantial additional expense incurred.” In this case, strict application of the design review standard for street entrances would entail substantial additional expense. Staff recommends that the Board of Supervisors find that the design submitted achieves the overall objectives of the Design Review District.

(2)

Porches, patios, bays and balconies overlooking street placed every 25 to 30 feet.

Response: The F Street elevation has five balconies in approximately 180 feet of applicable building frontage along F Street, for an average of one every 36 feet. In two instances the balconies are approximately 40 feet apart, while in one other instance it is less than 30 feet apart, and in another instance the distance is less than 10 feet. Again, Section 6565.10 of the Zoning Regulations allows that “Regulation of design should not be so rigidly enforced that individual initiative is precluded in the design of any particular building or substantial additional expense incurred.” The particular design of the units means that some balcony spacing is much less than 25 feet, while some is approximately 40 feet. Staff recommends that the Board of Supervisors find that the design submitted achieves the overall objectives of the Design Review District.

(3)

A minimum 20 ft. by 20 ft. open courtyard area on the podium above parking.

Response: The proposed courtyard greatly exceeds this standard, with approximately 12,140 sq. ft.

h.

Podium Apartments: encouraged design guidelines

The following design guidelines are encouraged, not required. The podium apartment building complies with most of them, as summarized below:

(1)

One entrance to serve no more than 16 units.

Response: The podium apartment building does not comply with this guideline. It has one main lobby entrance to the larger building, which contains all but 28 of the 123 units. The larger building has three entrances in addition to the main lobby entrance.

(2)

Courtyards contain shared facilities and paths, surrounded by porches, patios, and entry porticos.

Response: The courtyard contains shared site furniture, lawn and paths, and is bordered by patios, thus complying with this guideline.

(3)

Courtyard landscaping to provide both common and private open space.

Response: The courtyard contains a shared lawn and landscaping, as well as private patios.

(4)

Steps to connect courtyards to street.

Response: Steps connect the courtyard to F Street.

(5)

Ground-level open space where possible.

Response: There is ground-level open space on the plaza at El Camino Real and along the Colma Creek drainage channel.

(6)

Roof decks integrated into overall building design, with wind screens and landscaping.

Response: Roof decks are not included as part of this design.

(7)

Preservation of existing eucalyptus trees.

Response: There are no eucalyptus trees on-site.

(8)

Openings between parking levels and podium courtyards for sunlight and ventilation.

Response: The proposed courtyard is open to the northeast, and has an opening to the south as well to allow for sunlight and ventilation.

i.

Podium Apartments and Small Apartments Requirements

(1)

Open railings on balconies are prohibited.

Response: The balconies on all buildings meet this requirement.

j.

Podium Apartments and Small Apartments: encouraged design guidelines

The following design guidelines are encouraged, not required, and apply to both podium apartments and to the small apartment buildings. The proposed buildings comply with most of them, as summarized below:

(1)

Porches, patios, balconies to be a minimum of 6 feet deep and 50 sq. ft. in size.

Response: The proposed exterior balconies on the podium apartment building are 5½ to 6 feet deep, and approximately 40 sq. ft. or more. The proposed patios on the interior courtyard of the podium apartment building are 6 to 8 feet deep, with a size of at least 72 sq. ft. The proposed balconies on the small apartment buildings are 5½ to 6 feet deep, and approximately 40 sq. ft. or more.

(2)

Porches and patios directly accessible from the street or courtyard.

Response: The patios in the podium apartment building do face the interior courtyard, but direct access is from the units.

k.

Small Apartments Requirements

(1)

Street entries placed every 25 to 30 feet.

Response: Entries are spaced approximately at 50- to 60-foot intervals. This is due to the orientation of the buildings lengthwise perpendicular to the street. Section 6565.10 of the Zoning Regulations allows that “Regulation of design should not be so rigidly enforced that individual initiative is precluded in the design of any particular building or substantial additional expense incurred.” The entries are as frequently spaced as is practicable, given the orientation of the building.

(2)

A minimum 20 ft. by 20 ft. open space area as a combination parking and open space area.

Response: This requirement is met at the rear of the parcel, where there is a large grass paved area that can also function as a fire truck turnaround.

l.

Small Apartments: encouraged design guidelines

The following design guidelines are encouraged, not required:

(1)

One entrance to serve no more than 16 units.

Response: This guideline is met. Shared entrances serve two units each.

(2)

Pavement patterns and material emphasize the combined pedestrian and auto use of parking and open space areas.

Response: Primary pedestrian access is from the exterior sides of the buildings, while auto access is provided by a central axis leading to tuck-under parking garages. The auto access axis features porous pavers, at the end of which is a grass paved area that can function as a fire truck turnaround.

(3)

Hard-surface playgrounds in parking and open space areas.

Response: This guideline is not met, due to the necessity of providing a fire truck turnaround in the location originally proposed for a play area.

m.

Compliance with Standards for the Protection of Trees and Vegetation

The applicant is proposing to remove all trees on the property, in order to complete the subdivision improvements and accommodate the proposed development. The applicant has submitted a complete Tree Survey, included as Attachment Z. The survey identifies at least 5 trees as significant. An additional 9 trees may qualify as significant in that they have branching and/or multiple trunks, for a total of 14 trees.

The majority of trees identified in the survey are of poor health, diseased, or damaged due to improper pruning, and all are recommended for removal. Staff is recommending a Condition of Approval, #18 in Attachment A, that would require the replacement of existing trees at a 3:1 ratio, as required in Design Review Districts, for a total of 42 replacement trees. The site plans submitted show 63 new trees to be planted on the site.

Staff recommends finding that the removal of the significant trees, pursuant to Section 6565.20 of the Zoning Regulations, is necessary as there are no alternative sites for the access ways and buildings; will remove trees that are for the most part diseased, in poor health, improperly pruned, or of poor structure; will allow the utilization of the property in a manner of greater public value than any environmental degradation caused by the action; and will allow reasonable economic or other enjoyment of the property, specifically to accommodate subdivision improvements and the construction of future residential structures.

7.

Compliance with the Grading Regulations

The proposed grading will consist of 760 cubic yards of cut and approximately 8,990 cubic yards of fill, for a total of approximately 9,750 cubic yards. The bulk of this fill will be used to raise the eastern portion of the site above flood level.

Staff has determined that the project complies with the grading ordinance with specific discussion of the following:

a.

The project will not have a significant adverse effect on the environment. This has been documented in the Initial Study and mitigated Negative Declaration for this project, Attachment AA.

b.

The project conforms to the criteria of the Grading Ordinance, including the standards referenced in Section 8605. The Planning Department, Geotechnical Section, and Department of Public Works have all reviewed this proposed project, recommend approval, and recommended Conditions of Approval 24-40 ensure that the project will meet standards for erosion and sediment control, dust control, and time restrictions.

8.

Compliance with the Subdivision Regulations

The project consists of two subdivisions: (1) a 2-lot Minor Subdivision: Lot 1 – 86,571 sq. ft., for a 123-unit affordable rental housing development with a 60-slot childcare center, and Lot 2 – 46,632 sq. ft. for the condominium project; and (2) a Major Subdivision of Lot 2 for an air rights condominium development of 32 for-sale market-rate units.

Staff has reviewed the proposed subdivisions with respect to regulations of both the State Subdivision Map Act and the County Subdivision Ordinance. The minor subdivision meets all design requirements relating to minimum parcel size, minimum parcel width and depth, street frontage, perpendicular side parcel lines, and access. There are no particular special standards relating to design for the air-rights condominium major subdivision. The Department of Public Works has also reviewed the project and found it to be in compliance with its standards and the requirements of the County Subdivision Ordinance. Recommended Conditions of Approval 39-54 have been included in Attachment A of this report.

In order to approve these subdivisions, 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 and Planning staff have reviewed the tentative maps and found them consistent, as conditioned in Attachment A, with State and County land division regulations. The project is consistent with the General Plan as discussed in Section A.2 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 driveways from F Street. Grading the site will bring it out of the flood zone, as mentioned in Section A.2.f of the staff report.

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.

The proposal, as mitigated, will not cause a serious negative impact to public health or safety or to the environment. The project has been reviewed under CEQA and a Mitigated Negative Declaration has been prepared for the Board of Supervisors’ consideration (Attachment AA). Mitigation measures have been included as recommended Conditions of Approval to reduce potentially significant impacts to a less than significant level.

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 subdivisions do not conflict with any easements acquired by the public at large. According to the Department of Public Works, there are no known easements through the property that 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 the proposed parcels have solar access to the south and west, thereby allowing morning sun to passively or actively (using roof-top solar panels) heat the proposed dwellings.

9.

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 be required to dedicate land for public parks 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 in-lieu fee for this subdivision is $52,066. A worksheet showing the prescribed calculation appears as Attachment T. A recommended Condition of Approval, #12 in Attachment A, has been included requiring that these fees be submitted to the Planning and Building Department prior to recordation of the final maps. The fee can be pro-rated so that $1,578 is due at the time of recording the first map for the minor subdivision. The remainder of $50,488 will be due at the time of recording the map for the condominiums.

10.

Compliance with the County’s Density Bonus Ordinance

The applicant is applying for a density bonus for the project as a whole. The maximum permitted density in the High Density Residential zoning designation of the PC (Planned Colma) District is 55 units per net acre. The applicant is proposing 56.6 units per net acre. The affordable housing rental development, which will be built and managed by Bridge Housing, will consist of 123 units restricted to extremely low and very low income (30-50% of County Area Median Income) families.

The project is eligible for a “First Part” density bonus if at least 10% of the units are for very low income families. The project qualifies for this bonus, which allows it a 25% density bonus, for an additional 38 permitted units. As mentioned in Sections A.4.a and A.2.e of this report, the project is also receiving the following incentives granted by this first density bonus: (a) modification of zoning code requirements relating to parking standards, (b) expedited permit processing, and (c) reduced permit fees. The project has also received publicly assisted funding from the Metropolitan Transportation Commission and from the County’s Housing Department.

The project is also eligible for an addition “Second Part” density bonus if an additional 10% of the units are for very low income families. The project also qualifies for this bonus, as 79% of the entire project is restricted to very low or extremely low income families. The second bonus allows an additional 25% density bonus, for a further 38 units. Thus, the total permitted density of the project as a whole would be 150+38+38 = 226 units. As the applicant is only proposing 155 units, just slightly over that permitted without the density bonuses, the project is well within what is allowed by the density bonus ordinance.

11.

Compliance with the County’s Inclusionary Housing Ordinance

On March 16, 2004, the Board of Supervisors enacted an inclusionary housing ordinance applicable to all new multiple-family developments creating five or more residential units. All such developments are required to designate a minimum of 20% of units constructed for sale as extremely low, very low, low or moderate-income households, in any combination. Income limits for various family sizes are shown in Attachment U.

Alternatively, the applicant can request to pay an in-lieu fee, dedicate land of greater or equal value than the in-lieu fee, or acquire and rehabilitate existing housing targeted to meet the same goals. The County must approve the alternative method, and that decision is based on supporting evidence submitted by the applicant demonstrating how the alternative will further affordable housing opportunities in the County to an equal or greater extent than on-site construction.

If inclusionary units are to be provided on-site, any fractional portion resulting from the calculation of inclusionary units shall be disregarded. If the number of required inclusionary units is less than two, then the required unit may be designated for moderate-income households. On the other hand, if in-lieu fees are to be paid, any fractional portion resulting from the calculation of inclusionary units is to be included in the calculation of the in-lieu fee. Applying this to the current application, twenty percent (20%) of 155 units is 31 units, which must be designated for inclusionary housing. The applicant is proposing 123 affordable rental units that meet the standards for inclusionary units, far exceeding the required 31 units.

B.

ENVIRONMENTAL REVIEW

An Initial Study was completed and a Mitigated Negative Declaration issued in conformance with CEQA guidelines (see Attachment AA). The public review period for this document was October 6 through 27, 2006. Comments were received from CalTrans. CalTrans has noted a number of items required for work within the state right-of-way on El Camino Real. However, the applicant is not proposing any work within this state right-of-way. Nevertheless, appropriate mitigation measures have been included should the applicant propose work within the state right-of-way. No other comments were received. Additional mitigation measures have been included as recommended Conditions of Approval in Attachment A.

C.

PUBLIC COMMENT

A required pre-application public meeting was held on May 11, 2006 with County staff, the applicant’s team, officials from Daly City and the Town of Colma, and members of the public. The County’s initial review comments and questions from the public are summarized in Attachment R. A subsequent public meeting was held on July 5, 2006, sponsored by the Town of Colma.

The required public notice for the Board hearing was sent prior to this hearing. Comments received will be discussed at the hearing.

D.

REVIEWING AGENCIES

Agency

Recommendation

Public Works

Conditions, included in Attachment A

County Flood Control

Conditions, included in Attachment A

Building Inspection

Approval with conditions, included in Attachment A

Geotechnical Section

Approval with conditions, included in Attachment A

Environmental Health

Approval with conditions, included in Attachment A

Housing

Approval, no conditions

County Counsel

Approval, no conditions

LAFCo

Approval, no conditions

Daly City

No reply received

Town of Colma

Appeal, discussed below and in Section A.1

Colma Fire Protection

Approval with conditions, included in Attachment A

Jefferson School District

Comments received, discussed below

California Water Service

No reply received

N. San Mateo County Sanitary

Conditions, included in Attachment A

BART

Approval, see attachment EE

SamTrans

Conditions, discussed below

CalTrans

Conditions, discussed below

1.

Review by Public Works

The Department of Public Works has met with the applicant and reviewed this project and provided comments related to the Subdivision Map Act, included below:

Section 66427.4 of the Subdivision Map Act requires that, at the time of filing a tentative or parcel map for a subdivision to be created by the conversion of a mobile home park to another use, the subdivider file a report on the impact of the proposed conversion upon the displaced residents of the mobile home park. The subdivider shall make a copy of the report available to each resident of the mobile home park at least 15 days prior to the hearing on the map by the advisory agency. The advisory agency may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park. The applicant has submitted a Relocation Plan, received approval from the Board of Supervisors, and provided it to all mobile home park residents.

The Department of Public Works recommends approval with conditions. Recommended conditions are included as Conditions 39 through 54.

2.

Review by CalTrans

The project was initially referred to CalTrans on July 19, 2006. In the interim, staff had requested a traffic study from the applicant. Fehr and Peers completed the study, Attachment W, on August 25. The Fehr and Peers study concluded that the proposed Bridge project would not result in worse intersection delays than projected in the 1994 EIR, and that an intersection-level traffic analysis of the project was not needed. On August 29, staff received a letter from CalTrans (also dated August 25) with conditions of approval and a request for a traffic study. This letter from CalTrans is included as Attachment V(1), and the conditions of approval from this letter are included in Attachment A as recommended Conditions of Approval 20 and 21. Staff sent the requested traffic study via email to CalTrans on August 29. At the request of CalTrans, staff sent additional technical appendices from the Fehr and Peers study to them on September 22. These technical appendices included a reference study that DKS had completed for the Town of Colma for changes to Mission Street/El Camino Real, called the “Peninsula Corridor Plan.” Changes proposed in this plan are not part of the project under consideration.

CalTrans sent a second set of comments on the revised plans on October 25. Several of these comments addressed issues in the DKS study, rather than the proposal under consideration. The comment letter also included a recommendation for a direct connection between the project and the BART station, which had been addressed in the mitigated Negative Declaration, Attachment AA. The applicable comments have been incorporated into recommended Conditions of Approval 20 and 21 in Attachment A. CalTrans was also sent a copy of the Mitigated Negative Declaration, Attachment AA, on October 6, and replied with comments on October 26, included as Attachment V(2). These comments were very similar to those received on October 25 and have also been incorporated into recommended Conditions of Approval 20 and 21 in Attachment A.

3.

Review by SamTrans

SamTrans comments regarding access from the site to BART are included as Attachment X and are discussed in the Negative Declaration, Attachment AA.

4.

Review by Town of Colma

The Town of Colma reviewed this project and supplied comments on May 15, 2006, which are included as Attachment Y. The comments addressed the project name, architectural design, traffic, access, and parking. The applicant has changed the project name, in response to the Town of Colma’s request. The applicant has also changed a number of architectural features from the original design, in response to the Town of Colma’s request. Mediterranean architectural elements, such as red clay tile roofs, have been added. However, it is important to note that the project must also be consistent with the County’s Design Review requirements for the area. The location of the drop-off area was moved further west than in the original submittal, and a traffic study, Attachment W, was completed, in response to comments from the Town of Colma. A Condition of Approval is recommended, #21 in Attachment A, noting that encroachments permits from the Town of Colma will be necessary for any work along F Street. In addition, a Condition of Approval is being recommended, #22 in Attachment A. Provision of On-Street Parking, if specifically requested by the applicant, will require review and approval by the Town of Colma.

On November 22, 2006, the Town of Colma appealed the Planning Commission’s approval of the project. The appeal is based on concerns similar to those raised in the May 15 comments, in addition to procedural questions related to CEQA. That appeal is discussed under section A.1 of this report. The Town of Colma’s Planning Director also spoke at the Planning Commission hearing, raising similar concerns to those of the appeal. The City Manager for the Town of Colma also wrote a letter concerning the project to the applicant on December 21, 2006. The letter includes many of the same concerns previously mentioned, and is included as Attachment GG. The letter also refers to a meeting between County staff, Town of Colma staff, and the applicant that took place on December 5, 2006.

5.

Review by Colma Fire District

Colma Fire District has reviewed the project and recommends approval with conditions. Recommended conditions are included as recommended Conditions of Approval 65 and 66 in Attachment A. Discussion of issues related to fire protection, and to the Colma Fire District, are discussed in the Negative Declaration, Attachment AA.

6.

Review by Jefferson School District

Jefferson School District provided comments on the project asking that special consideration be given to housing teachers, discussed in the Negative Declaration, Attachment AA.

ATTACHMENTS

A.

Recommended Findings and Conditions of Approval

B.

Location Map with Project Parcel

C.

Vicinity Map

D.

Street View

E.

Landscape Plan, Ground Level

F.

Landscape Plan, Podium Level

G.

Topographic and Boundary Survey

H.

Grading and Utility Plan

I.

Stormwater Management Plan

J.

Vesting Tentative Map

K.

Floor Plan – Ground Level

L.

Site Plan – Podium Level

M.

Floor Plan – Typical Upper Level

N.

Elevation – F Street

O.

Elevation – West

P.

Elevations – Small Apartment Buildings

Q.

Submittal letter from applicant, dated August 23, 2006

R.

Letter from County dated July 6, 2006, summarizing pre-application public meeting

S.

Response from Architect to questions in County’s July 6 letter, dated August 25, 2006

T.

In-Lieu Park Fee Worksheet

U.

County Dept. of Housing 2006 Income Limits

V.

(1) Letter from CalTrans dated August 25, 2006;

(2) Letter from CalTrans dated October 26, 2006

W.

Traffic Study by Fehr and Peers dated August 25, 2006

X.

Letter from SamTrans dated June 26, 2006

Y.

Email from Town of Colma, dated May 15, 2006

Z.

Tree Survey

AA.

Initial Study and Mitigated Negative Declaration

BB.

Appeal from Town of Colma dated November 22, 2006

CC.

Email from County staff to Town of Colma dated September 29, 2006

DD.

Memorandum from Town of Colma dated October 17, 2006

EE.

Letter from BART dated November 17, 2006

FF.

Letter in support of project from Housing Leadership Council of San Mateo County dated November 6, 2006

GG.

Letter from Town of Colma to Applicant dated December 21, 2006.

FISCAL IMPACT

The County has provided $3.76 million in CDBG/HOME and HEART funding and facilitated another $12.25 million of public subsidy for the project. If the project schedule is further delayed, availability of these and other needed sources of project funding is potentially in jeopardy.

Attachment A

COUNTY OF SAN MATEO

PLANNING AND BUILDING DEPARTMENT

RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL

Permit File Number: PLN 2006-00365

Board Meeting Date: January 23, 2007

Prepared By:

Matt Seubert

For Adoption By: Board of Supervisors

Senior Planner

RECOMMENDED FINDINGS

Regarding the Mitigated 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 owner 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 Use Permit, Find:

5.

That the establishment, maintenance, and/or conducting of the proposed use will not, as conditioned, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property or improvement in the neighborhood, as discussed in Section A.5 of the staff report.

6.

That the design and operation of the 60 children day care center, as conditioned, will further the purpose of the Planned Colma Zoning District as stated in Section 6370 of the Zoning Regulations.

7.

That the design and operation of the 60 children day care center will conform to the requirements stated in Section 6380 of the Zoning Regulations.

Regarding the Design Review, Find:

8.

That this project has been reviewed under and found to be in compliance with the Design Review Standards for the Planned Colma District, Section 6565.19 of the Zoning Regulations, as discussed in Section A.6 of the staff report.

9.

That the project, as proposed, achieves the overall objectives of the Design Review Standards for the Planned Colma District, Section 6565.19 of the Zoning Regulations, as much as possible without the incurring of substantial additional expense or precluding individual initiative in the design of any particular building, as discussed in Section A.6 of the staff report.

10.

That the removal of the significant trees, pursuant to Section 6565.20 of the Zoning Regulations, is necessary as there are no alternative sites for the access ways and buildings; will remove trees that are for the most part diseased, in poor health, improperly pruned, or of poor structure; will allow the utilization of the property in a manner of greater public value than any environmental degradation caused by the action; and will allow reasonable economic or other enjoyment of the property, specifically to accommodate subdivision improvements and the construction of future residential structures, as discussed in Section A.6.m of the staff report.

Regarding the Grading Permit, Find:

11.

That the project will not have a significant adverse effect on the environment. This has been documented in the Initial Study and Negative Declaration issued for this project.

12.

That the project conforms to the criteria of the Grading Ordinance, including the standards referenced in Section 8605. Conformance with standards concerning erosion, sediment and dust control will be ensured by compliance with Conditions of Approval 24 and 27. Conformance with standards concerning geotechnical reports will be ensured by compliance with Condition of Approval 32. Conformance with standards regarding time restrictions will be ensured by compliance with Condition of Approval 35. Conformance with the grading performance standards will be ensured by compliance with Conditions of Approval 30-38.

13.

That the project is consistent with the General Plan. As discussed in Section A.2 of the staff report, staff has reviewed the project with all applicable General Plan policies and found that the project complies.

Regarding the Subdivisions, Find:

14.

That, in accordance with Section 66473.5 of the State Subdivision Map Act, these tentative maps, together with the provisions for their design and improvement, are consistent with the San Mateo County General Plan, as discussed in Section A.8 of the staff report.

15.

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

16.

That the design of the subdivisions 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.

17.

That the design of the subdivisions 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.

18.

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

Regarding the Density Bonus, Find:

19.

That the project qualifies for and shall be granted first and second density bonuses and incentives pursuant to the San Mateo County Density Bonus Ordinance, Section 7900, as discussed in Section A.10 of the staff report.

RECOMMENDED CONDITIONS OF APPROVAL

Planning Department

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 Community Development Director if they are consistent with the intent of and in substantial conformance with this approval.

2.

The Use Permit shall be valid for a period of five years following the date of this use permit approval. Ongoing operation of the facility may be administratively reviewed one year after the approval of this use permit. If the operation does not substantially comply with the finding and the conditions of approval, the Planning Commission may hold a public hearing to consider revocation of this use permit. If the applicant wishes to renew this use permit, an application must be submitted and applicable fees paid six months prior to expiration to the County Planning and Building Department.

The use permit allows a maximum number of 60 children. Any modifications to the facility, such as a reduction in space, or an increase in the maximum number of children, will require a use permit amendment and consideration at a public hearing with the Zoning Hearing Officer.

The day care center shall be licensed by Community Care Licensing. The applicant, upon request by the Planning Department, shall submit a copy of this license.

In the event of a change in operator of the facility, the applicant shall notify the County Planning Department within 30 days of such change. A change in the operator of the facility may require an administrative review of the use permit and/or a use permit amendment.

3.

These subdivision approvals are valid for two years, during which time Final Maps 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 Department upon written request and payment of any applicable extension fees, if required, 60 days prior to expiration.

4.

As part of the County’s review of the building permit application(s) for this project, specific design and construction measures appropriate for the site, given its specific soil characteristics and potential for exposure to ground shaking from earthquakes on the San Andres Fault, shall be required. At the building permit stage, a Soil and Foundation Study, including an evaluation of liquefaction, seismic hazards, local settling, and groundwater levels, shall be provided to the County Geotechnical Section.

5.

Prior to the issuance of a building permit for any new dwelling, the applicant must submit an Acoustical Analysis that recommends appropriate construction techniques to reduce interior single-event noise to 50 dBA in bedrooms and 55 dBA in other habitable rooms. Usable outdoor areas should be located where project noise levels are 60 dBA CNEL or lower. Plans submitted for a building permit must incorporate the recommendations of the report, which may include measures to further reduce noise exposure, e.g., construction of sound walls or earth berms.

6.

Noise Levels produced by proposed construction activities shall not exceed the 80 dBA level at any one moment. Construction activities shall be limited to the hours from 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday. Construction operations shall be prohibited on Sunday and any national holiday.

7.

At the building permit stage, the applicant shall submit a Lighting Plan, including details and/or cut sheets that demonstrate that the provisions of Section 6378.4 regarding performance standards for lighting will be met. Exterior lighting shall be located and directed so that direct rays and glare are confined to the premises.

8.

All Water Distribution Improvements for new developments shall be sized to accommodate Area Plan built-out, as recommended by the California Water Service Company and the Daly City Water Master Plan. The applicant shall submit, to both the Department of Public Works and the Planning 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.

If a water main extension, upgrade or hydrant is required, this work must be completed prior to the issuance of the building permit or the applicant must submit a copy of an agreement and contract with the water purveyor that will ensure the work will be completed prior to finalizing the permit. The required on-site hydrants shall be installed and operational prior to the start of any combustible construction.

9.

Prior to the issuance of the certificate of occupancy, the applicant shall demonstrate that a contract is in place for the removal of Solid Waste. Prior to the issuance of a certificate of occupancy for the condominiums, the applicant shall secure County review and approval of a homeowners association.

10.

Prior to the issuance of building permits for each phase of the development, the applicant shall submit for review and approval by the Planning Department Covenants, Conditions and Restrictions. Once approved, said document shall be recorded with the final maps and become binding upon all parcels created by this project. This document shall expressly address maintenance of common areas, landscaping, stormwater treatment/control devices and structures such as the access driveway and roofs.

11.

The applicant shall comply with the provisions of the Relocation Plan and Conversion Impact Report for the Meadowbrook Mobile Home Park approved by the County Board of Supervisors.

12.

Prior to recordation of the final maps, the applicant shall pay to the San Mateo County Planning and Building Department $52,066 for In-Lieu Park fees as required by County Subdivision Regulations, Section 7055.3. The fee can be pro-rated so that a minimum of $1,578 is due at the time of recording the first map for the minor subdivision. The remainder of $50,488 is due at the time of recording the map for the condominiums.

13.

Planning and building permits shall be applied for and obtained from the Planning and Building Department for any future construction on the parcels created as a result of the recordation of the final maps for this project.

14.

The applicant shall provide Finished Floor Elevation Verification to certify that the podium apartment building is actually constructed at the height shown on the submitted plans. The applicant shall have a licensed land surveyor or engineer establish a baseline elevation datum point in the vicinity of the construction site.

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

15.

Underground Utilities: All new power and utility lines from the street or nearest existing utility pole to the main building and/or any other structure on the property shall be placed underground. No new poles may be installed.

16.

The Color and Material Samples submitted for the podium apartment building are approved. At the building permit stage, color and material samples for the small apartment buildings must be submitted to and approved by the Community Development Director. The approved colors and materials for all buildings shall be verified by the Building Inspection Section prior to a final building permit inspection.

17.

Prior to the issuance of a building permit, the applicant shall submit a Rooftop Screening Plan(s) of the proposed project(s) for approval by the Community Development Director. The plan(s) shall demonstrate that mechanical equipment is screened from view with parapets or the roof form.

18.

This approval allows the removal of all trees on the property. The provisions of the Significant Tree Ordinance regarding replacement trees shall apply to this project. 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 Department for review and approval. The landscape plan shall show replacement trees at a ratio of three trees for every one tree removed, for a minimum of 42 trees. The trees shall be planted prior to final building inspection.

Said plan shall be prepared by a licensed landscape architect and include irrigation details. Said landscaping plan shall be installed prior to the issuance of a Certificate of Occupancy for the last building resulting from this project. All installed landscaping shall be maintained. The covenants, conditions and restrictions, as required by Condition 10, shall indicate that individual owners and/or the homeowners association shall maintain the landscaping.

19.

In the event that Archaeological Items are encountered during excavation, subsurface construction, or other land alteration activities, all work shall cease temporarily. A qualified archaeologist should determine the (1) significance of the archaeological object(s), (2) whether additional measures should be taken to preserve or recover them, and (3) whether further investigation is necessary. Measures may include a site reconnaissance and mitigation plan.

20.

If the applicant proposes work within the State ROW, in addition to an encroachment permit from CalTrans, the following will be required:

a.

Documentation of a current archaeological record search from the Northwest Information Center (NIC) of the California Historical Resources Information System (CHRIS). The search must be no more than five years old. CalTrans requires the records search, and, if warranted, a cultural resources study by a qualified, professional archaeologist, to ensure compliance with CEQA, Section 5024.5 of the Public Resources Code (PRC) and Volume 2 of CalTrans’ Standard Environmental Reference (SER). These requirements, including applicable mitigation, must be fulfilled before an encroachment permit can be issued for project-related work in State ROW. Work subject to these requirements includes, but is not limited to: lane widening, channelization, auxiliary lanes, and/or modification of existing features such as slopes, drainage features, curbs, sidewalks and driveways within or adjacent to State ROW.

b.

If the project involves construction activities in State ROW, and if this results in an inadvertent archaeological or burial discovery, all construction within 50 feet of the find shall cease, and the Department’s District 4 Cultural Resource Study Office shall be immediately contacted. A staff archaeologist will evaluate the finds within one business day after contact. This facilitates compliance with CEQA, PRC Section 5024.5 for State-owned historic resources and the SER. Archaeological resources may consist of, but are not limited to, dark, friable soils, charcoal, obsidian or chert flakes, grinding bowls, shell fragments, or deposits of bone, glass, metal, ceramics, or wood.

c.

If proposed, concurrence from CalTrans is required for converting State Route 82 (El Camino Real) from six lanes to four. A southbound right-turn lane at F Street that meets Highway Design Manual (HDM) standards should be provided unless further traffic analysis can be provided showing that turning movements are below expectations and do not meet the best practice numbers identified in the AASHTO guidelines. The right-turn lane is needed to safely remove decelerating right-turning vehicles from the through lanes.

d.

Any proposed angled parking along SR 82 (El Camino Real), whether it is head-in or back-in, shall be discouraged unless a buffer zone is constructed to separate the through lanes from vehicles parked at an angle.

e.

Americans with Disabilities Act (ADA) issues affecting State ROW, if any, e.g., crosswalk and ramps crossing at F Street, must be discussed in text and shown graphically, if applying for a CalTrans encroachment permit.

f.

When available, complete grading and drainage plans shall be provided to CalTrans for review. These should show the site’s existing drainage system on SR 82 (El Camino Real), as well as the 54-inch storm drain connection point.

g.

Existing drainage patterns in the project area should be maintained, even after project construction.

21.

Prior to recording a final map(s), the project applicant shall submit improvement plans detailing street, sidewalk and drainage improvements to be completed along F Street and El Camino Real (if necessary), consistent with preliminary plans. If necessary, an Encroachment Permit(s) shall be obtained, and installation or bonding for improvements shall be completed to the satisfaction of the County, the Town of Colma and CalTrans, respectively, prior to the issuance of a building permit.

Encroachment permits from CalTrans, if necessary, require a completed encroachment permit application, environmental documentation, and five sets of plans, clearly indicating State ROW. Traffic-related mitigation measures will be incorporated into the construction plans during the encroachment permit process.

22.

Provision of On-Street Parking, if specifically requested by the applicant, will require review and approval by the Town of Colma.

23.

At the building permit stage, the applicant shall demonstrate that the Bike Storage Area in the podium apartment building meets the requirements of Section 6376 of the PC District Zoning Regulations regarding bicycle parking, including the total number of spaces, which is at least 13, and the design of the spaces. If an exception to these requirements is to be applied for, the provisions of Section 6376.4 regarding exceptions shall be followed.

24.

Prior to the beginning of any earth moving or construction activities, the applicant shall submit to the Planning Department for review and approval, an Erosion and Drainage Control Plan that 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 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 erosion and drainage control plan shall be implemented prior to the commencement of operations.

Erosion and sediment control during the course of this grading work shall be according to a plan prepared and signed by the engineer of record, and approved by the Department of Public Works and the Planning Department. Revisions to the approved erosion and sediment control plan shall be prepared and signed by the engineer.

It shall be the responsibility of the applicant’s contractor to regularly inspect the erosion control measures and determine that they are functioning as designed and that proper maintenance is being performed. Deficiencies shall be immediately corrected.

Sediment and erosion control measures must be installed prior to beginning any site work and maintained throughout the term of the permit. Failure to install or maintain these measures will result in stoppage of construction until the corrections have been made and fees paid for staff enforcement time.

25.

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, directly connected impervious areas shall be minimized, future downspouts shall be directed to landscaped areas and pervious materials shall be used for the access road, if possible, and for any future patio or walkway areas near a proposed residence. The permanent stormwater controls shall be in place throughout the life of the project.

26.

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 the County Drainage Policy, National Pollution Discharge Elimination System (NPDES) Permit and BAASMA Guidelines. For structures approved under this subdivision approval, all measures shall be included in the subdivider’s improvement plans subject to the approval of the Director of Public Works or his designee as described in Conditions of Approval 48-52. These improvement plans must be approved by the Director of Public Works before the applicant can sign an agreement, post a bond and record a map. The measures shall comply with standards in effect at the time of their submittal for approval.

Future development of any and all parcels resulting from the approved subdivisions must comply with these requirements. The applicant shall note the requirement in the deeds for each parcel, copies of which shall be provided to the Planning Department, and shall disclose the requirement to any potential buyer(s). Each parcel shall be tagged by the Planning Department with this requirement, and no permits shall be issued for any development of the parcel(s) until this requirement is met. For future structures to be built on the individual parcels, prior to the issuance of a building permit for any structure on the project site, all plans shall be reviewed by the Planning Department for conformance with this condition.

27.

The applicant shall include the following Dust Control Plan requirements in the plans to the Planning Department for review and approval prior to the issuance of both the grading permit and the building permit associated with this proposed project. The plan shall include, but not be limited to, the following control measures:

a.

Water all active construction areas at least twice daily.

b.

Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind.

c.

Cover all trucks hauling soil, sand and other loose materials or require all trucks to maintain at least 2 feet of freeboard.

d.

Apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking and staging areas at construction sites. Also, hydroseed or apply non-toxic soil stabilizers to inactive construction areas.

e.

Sweep daily (preferably with water sweepers) all paved access roads, parking and staging areas at construction sites.

f.

Sweep adjacent public streets daily (preferably with water sweepers) if visible soil material is carried onto them.

g.

Limit traffic speeds on unpaved roads within the project parcel to 15 mph.

h.

Install sandbags or other erosion control measures to prevent silt runoff to public roadways.

i.

Replant vegetation in disturbed areas as quickly as possible.

The approved plan shall be implemented for the duration of any grading and construction activities that generate dust and other airborne particles.

28.

The applicant will be required to comply with FEMA regulations relating to flood zones as enforced by the County’s Building Inspection Section and Department of Public Works.

29.

The applicant will be required to comply with the requirements of the County’s Building Inspection Section, Department of Public Works, and Environmental Health Division relating to construction in an area with a High Water Table.

Planning Department and Department of Public Works: Grading

30.

The provision of San Mateo County Grading Ordinance shall govern all grading on and adjacent to this site.

31.

No grading shall commence until the applicant has applied for and been issued a grading permit by the Planning Department of the County of San Mateo.

32.

All grading shall be according to approved plans that are prepared by, signed by, and dated by, a registered civil engineer. Revisions to the approved grading plan shall be prepared and signed by the engineer, and shall be submitted to the Department of Public Works and the Planning Department for concurrence “prior” to commencing any work pursuant to the proposed revision.

33.

The engineer who prepared the approved grading plan shall be responsible for inspection and certification of the grading as required by Section 8606.2 of the Grading Ordinance. The engineer’s responsibilities shall include those relating to non-compliance detailed in Section 8606.5 of the Grading Ordinance.

34.

No grading shall commence until a schedule of all grading operations has been submitted to and reviewed and approved by the Department of Public Works and the Planning Department. The submitted schedule shall include a schedule for winterizing the site. If the schedule of grading operations calls for the grading to be completed in one grading season, then the winterizing plan shall be considered a contingent plan to be implemented if work falls behind schedule. The applicant shall submit monthly updates of the schedule, if required, to the Department of Public Works and the Planning Department. All submitted schedules shall represent the work in detail and shall project the grading operations through completion.

35.

No grading shall be allowed during the winter season (October 15 to April 15) to avoid potential soil erosion unless approved, in writing, by the Community Development Director. The applicant shall submit a letter to the Planning Department, at least, two (2) weeks prior to commencement of grading stating the date when grading will begin.

However, should the applicant propose to grade under the “issued” grading permit in conjunction with the “issued” building permit, and after implementation of appropriate winterization measures, grading may be allowed between October 15 and April 15.

36.

Prior to the issuance of the grading permit, the applicant shall submit, to the Department of Public Works for review and approval, a plan for any off-site hauling operations. This plan shall include, but not be limited to, the following information: size of trucks, haul route, disposal site, dust and debris control measures, and time and frequency of haul trips. As part of the review of the submitted plan, the County may place such restrictions on the hauling operation, as it deems necessary.

37.

At the completion of work, the engineer who prepared the approved grading plan shall certify, in writing, that all grading, lot drainage, and drainage facilities have been completed in conformance with the approved plans, as conditioned, and the Grading Ordinance.

38.

At the completion of work, the engineer who prepared the approved grading plan shall submit a signed “as-graded” grading plan conforming to the requirements of Section 8606.6 of the Grading Ordinance.

Department of Public Works

39.

Prior to recording the final map(s), the applicant will be required to submit to the Department of Public Works a complete set of improvement plans including all provisions for roadways, driveways, utilities, storm drainage, stormwater treatment, all in accordance with the County Subdivision Regulations, County Standard Details, County Drainage Policy and NPDES Permit. Improvement plans must be accompanied by a plan review deposit in the amount of $1,000 made payable to the County of San Mateo Department of Public Works.

Upon the Department of Public Works’ approval of the improvement plans, the applicant will be required to execute a Subdivision Improvement Agreement and post securities with the Department of Public Works as follows:

a.

Faithful Performance – 100% on the estimated cost of constructing the improvements.

b.

Labor and Materials – 50% of the estimated cost of constructing the improvements.

40.

The applicant shall have prepared, by a registered civil engineer, a drainage analysis of the proposed subdivision in compliance with the County Drainage Policy and NPDES Permit. The drainage analysis shall be submitted to the Department of Public Works for review and approval with the improvement plans. The drainage analysis shall consist of a written narrative, calculations and a plan, and shall include a map indicating the drainage basin included in the analysis. The drainage basin map shall be of sufficient scale to accurately depict the direction of stormwater runoff within, onto and off the project site. 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 demonstrate compliance. Recommended measures shall be designed and included in the street improvement plans and submitted to the Department of Public Works for review and approval.

41.

The improvement plans shall include the proposed method of sewering these properties. The sewer plans shall be reviewed by the North San Mateo County Sanitation District. The applicant shall pay a connection fee and a Sewer Inspection Permit fee, prior to obtaining an encroachment permit to commence any work in the public right-of-way. The fee amounts shall be as determined by the North San Mateo County Sanitation District in accordance with adopted fee schedules.

42.

The applicant shall deposit the amount of $5,000 with the Department of Public Works to offset the cost of inspections. Should the $5,000 deposit be insufficient to offset the cost of inspections, the applicant shall supplement the deposit upon notification from the Department of Public Works. Any unused balance remaining at final acceptance of the subdivision improvement work shall be refunded to the applicant.

43.

All plans, details, calculations and narratives required for subdivision improvements shall be stamped and signed by the registered civil engineer and submitted to the Department of Public Works for review and approval.

44.

Any requests for changes to the approved improvement plans must be submitted in writing to the Director of Public Works, accompanied by a narrative explanation of the reason(s) for the change and engineered drawings showing the proposed revisions. If the revision is acceptable to the Director of Public Works, the original plans may be revised by the subdivider to reflect the approved change. Construction will not be permitted to continue until the revision has been approved, the original plans revised, and revised copies returned to the Director of Public Works.

45.

Pursuant to Section 8604.11 of the Grading Ordinance, a security in the amount of $5,000 shall be deposited in a Department of Public Works’ Road Escrow Account. This deposit will be used to offset costs incurred by the County resulting from the grading operations. The unused balance of the security will be released only upon the satisfactory completion of the work and acceptance of the work by the County of San Mateo.

46.

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

47.

a.

No proposed construction work within the State, County or Town right-of-way shall begin until the applicant has obtained the applicable encroachment permit(s).

b.

Should the access shown go through neighboring properties, the applicant shall provide documentation that “ingress/egress” easements exist providing for this access.

48.

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

49.

The final maps shall include an offer of dedication of any public utility easements, including sanitary sewer easements for any portion of the sewer main that lies outside of existing public sanitary sewer easements, if applicable.

50.

The applicant shall submit with the improvement plans 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.

51.

“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 on subdivision improvements. 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.

52.

a.

The applicant shall submit to the Project Planner, for recordation, legal descriptions of reconfigured parcels. The Project Planner will review these descriptions and forward them to Public Works for approval.

b.

Tentative parcel map shall be revised to include all of the following:

(1)

Street data along “F” Street,

(2)

Proposed contours, with contour data extended onto adjoining property(ies) to the extent needed to determine grading limits and easement areas,

(3)

Tree types and sizes,

(4)

All utilities, including JT, gas, electric, communications,

(5)

City/County boundary,

(6)

List N. San Mateo County Sanitation District as sewer provider,

(7)

Provide concurrence letter from BART regarding private access easement on BART property, and

(8)

Copy of notice given to mobile home park tenants regarding eviction/relocation.

c.

The applicant shall submit final maps and all other necessary documents to the Department of Public Works for review and recording in conformance with all requirements in the San Mateo County Subdivision Regulations.

Department of Public Works: Flood Control District

53.

The County Flood Control District requires that the storm runoff from developments that ultimately drain into the District’s flood control channel not exceed the existing discharge rate prior to development. Drainage calculations showing existing and future discharge rates must be submitted for review and approval.

54.

The project proposes two stormwater treatment units to be installed prior to discharging into the existing 54” storm drain line on F Street. The subdivider shall execute an agreement for operation and maintenance of these treatment units in perpetuity, and shall address all aspects of the stormwater and trash management issues on the property in keeping with the provisions of the National Pollutant Discharge Elimination System (NPDES) Permit.

North San Mateo County Sanitation District

55.

The applicant shall install new sanitary sewers, pay any connection fees, and contribute appropriate shares of funds for upgrading interceptors and trunk sewers, as determined by the North San Mateo County Sanitation District.

56.

a.

An existing trunk sewer runs adjacent to the west side of the property. No permanent construction shall take place within the maintenance easement of this trunk sewer.

b.

No trees shall be planted within the maintenance easement. Only shallow rooted plants (with root barriers) will be considered in this area.

c.

All manhole frames and covers shall be raised to the new grade and a concrete surface block poured to hold the frames and covers in place.

d.

Access shall not be restricted to the existing manholes during construction or after project completion.

e.

The existing private sewer system shall be properly abandoned and the existing connection the District sewer shall be abandoned at the main.

Environmental Health Division

57.

The current or future property owner may be asked to provide reasonable access for the responsible party to comply with the request to investigate and remediate the contamination emanating from the adjacent site.

Building Inspection Section

58.

Demolition permits will be required to remove the existing permanent structure in the trailer park.

59.

A demolition permit will be required to remove the utilities to the mobile home sites.

60.

Prior to pouring any concrete for foundations, written verification from a licensed surveyor will be required confirming that the setbacks, as shown on the approved plans, have been maintained.

61.

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

62.

If a water main extension or upgrade of hydrant is required, this work must be completed prior to the issuance of the building permit or the applicant must submit a copy of an agreement and contract with the water purveyor that will ensure the work will be completed prior to finalizing the permit. The same shall apply to the proposed sewer upgrade. The required on-site hydrants shall be installed and operational prior to the start of any combustible construction.

63.

A site drainage plan will be required that will demonstrate how compliance with the County drainage policy is achieved for roof drainage and site runoff.

64.

Sediment and erosion control measures must be installed prior to beginning any site work and maintained throughout the term of the permit. Failure to install or maintain these measures will result in stoppage of construction until the corrections have been made and fees paid for staff enforcement time.

Colma Fire Protection District

65.

The applicant shall provide $10,000 to the Colma Fire Department, which may be used to complete a services study. Upon request by the Colma Fire Department, the applicant may also include fire safety improvements in their buildings at the building permit stage, such as extra storage areas for fire equipment and access improvements such as fire access roof hatches.

66.

a.

Access: The roadway between the “small apartment buildings” shall be maintained as FIRE LANE – NO PARKING for its entire length and shall be delineated as such in accordance with provisions of the California Vehicle Code. At the north end of this roadway, there shall be provided an approved turnaround. The roadway shall be capable of supporting a 65,000-lb. emergency vehicle and provide a minimum of 13’-6” clear headroom. Provision shall be made to prevent the unauthorized parking of vehicles. There shall be no obstructions, either permanent or “removable” within the required fire apparatus turnaround. Final design for this area shall be submitted to the Fire District for review and approval during the building permit plan review phase. Relocation of the indicated basketball court and hoop may be required.

Final design for this area shall be included on the improvement plans and submitted to the Fire District for review and approval. Relocation of the indicated basketball court and hoop may be required.

b.

On-Site Hydrants: There shall be provided a minimum of two on-site fire hydrants. These hydrants shall be capable of flowing a minimum of 1,500 gpm at 20 psi each. One hydrant shall be located along F Street in the vicinity of the driveway entrance to the podium building. The other shall be located at the northwest corner of the podium building. Exact locations will be determined upon receipt of civil drawings for the project. The required on-site hydrants shall be installed and operational prior to the start of any combustible construction.

c.

Fire Protection Systems: The podium building shall be protected throughout by a fire sprinkler system designed to NFPA 13 Standard (1999 Edition). There shall be an FDC located in the vicinity of the driveway access to the parking area. The Fire District will allow use of CPVC piping within the residential units, as well as the exceptions for sprinkler omission in bathrooms and small closets, as found in NFPA 13-R. All piping within the attic areas shall be metallic. The attic area and all concealed spaces, as required by NFPA 13, 1999 Edition shall be protected. Standpipes shall be provided at each stairwell and extend into the garage areas, regardless of floor termination of any stairwells. One stairwell shall extend to the roof, as shall the standpipe. Standpipes shall be wet, or in combination with the fire sprinkler system. Further review/details will be provided at time of separate submittal for a permit.

The small apartment buildings shall be protected by an automatic fire-extinguishing system. Each separate building shall be provided with a system designed to NFPA 13, 1999 Edition. The Fire District will allow use of CPVC piping within the residential units, as well as the exceptions for sprinkler omission in bathrooms and small closets, as found in NFPA 13-R. All piping within the attic areas shall be metallic. The attic area and all concealed spaces, as required by NFPA 13, 1999 Edition shall be protected. In the event individual dwelling units are offered for sale, there shall be provisions written into any homeowners association-type agreement for the system to be considered as a “common” area and maintained by the homeowners association as such.

d.

Fire alarm systems shall be provided in accordance with the provisions of the California Building Code. All systems shall be monitored off-site by a Central Station Monitoring Company. Monitoring of all buildings at the site shall be performed. Individual dwelling unit smoke detection within the designated “accessible or Adaptable Units” (only) shall report to the FACP as “supervisory or trouble” only and shall not initiate an alarm condition, remainder of all units not identified as either Accessible or Adaptable shall have smoke detectors as required by the California Building Code. An Annunciator Panel shall be provided at the main entrance to the podium building, exact location to be determined at time of a separate submittal for permit. If there is provided an on-site manager’s office, there shall also be located an Annunciator Panel within. The “small apartment” buildings shall be provided with Central Station Monitoring. An Annunciator Panel shall be provided at an approved location.

e.

Elevators provided shall meet the Gurney/Stretcher requirements of CBC Chapter 30.

f.

Fees: All plans submitted for review by the Colma Fire Protection District will be assessed a Plan Review Fee, due and payable to CFPD prior to any reviews commencing. Applicant shall provide additional copies of plans directly to the District and will be notified of any fees due.