COUNTY OF SAN MATEO

Inter-Departmental Correspondence

 

PLANNING AND BUILDING DEPARTMENT

 
 

DATE:

January 8, 2007

BOARD MEETING DATE:

January 23, 2007

SPECIAL NOTICE/HEARING:

10 days within 500 ft.

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

 

FROM:

Lisa Grote, Director of Community Development

 

SUBJECT:

Consideration of: (1) General Plan Land Use Map amendment to change the land use designation from “Neighborhood Commercial” to “High Density Residential,” and (2) Zoning Text and Map Amendments to rezone the subject parcel from C-1/S-1 (Neighborhood Business District) to PUD (Planned Unit Development), both pursuant to Section 6550 of the County Zoning Regulations, (3) a Major Subdivision, pursuant to the State Subdivision Map Act and Section 7010 of the County Subdivision Ordinance, (4) an exception to the Subdivision Regulations to allow non-conforming setbacks and parcel sizes within the subdivision, pursuant to Section 7096 of the County Subdivision Ordinance, and (5) certification of a Mitigated Negative Declaration, pursuant to the California Environmental Quality Act, to subdivide an 18,000 sq. ft. parcel to create a 10-unit townhome development, at 101 Fifth Avenue in the unincorporated North Fair Oaks area.

 
 

County File Number:

PLN 2005-00250 (Ward/Blair)

 
 

RECOMMENDATION

 

1.

Approve the proposed General Plan Land Use Map Amendment, Zoning Text and Map Amendments, Major Subdivision and exceptions to the Subdivision Regulations, and certify the Mitigated Negative Declaration, County File Number PLN 2005-00250, by adopting the required findings and conditions of approval as contained in Attachment A.

   

2.

Adopt the resolution to change the subject parcel’s General Plan Land Use designation from “Neighborhood Commercial” to “High Density Residential” as contained in Attachment K.

   

3.

Adopt the ordinance to change the subject parcel’s Zoning Map designation from C-1/S-1 (Neighborhood Business District /5,000 sq. ft. Minimum Parcel Size) to “PUD-133” (Planned Unit Development-No. 133) as contained in Attachment I.

   

4.

Adopt the ordinance to enact, applicable only to the subject parcels, the “PUD-133” (Planned Unit Development-No. 133) Regulations as contained in Attachment J.

   

VISION ALIGNMENT

 

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

 

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

 

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

 

BACKGROUND

 

Proposal: The applicant is proposing to rezone the project parcels from C-1/S-1 (Neighborhood Business District) to PUD (Planned Unit Development), in order to allow residential development and to subdivide the parcel into lots that are smaller than the 5,000 sq. ft. required by the current S-1 combining district. If approved, the proposed PUD rezoning will allow for the construction of ten residential units. The proposed PUD zoning will also allow for reduced setbacks between each new lot. This project will also require an amendment to the General Plan Land Use Map to change the land use designation of the project site from “Neighborhood Commercial” to “High Density Residential.”

 

The applicant is proposing to construct townhomes with common walls between them. Development will consist of two buildings: Each 5-unit building will contain two 3-bedroom units (2,554 sq. ft. and 2,178 sq. ft.) and three 2-bedroom units (2,198 sq. ft. and 2,187 sq. ft.), of which two will be on 1,356 sq. ft. lots, two on 1,175 sq. ft. lots, and six on 1,180 sq. ft. lots. Each unit will have a 2-car garage accessible via a common driveway between the two buildings. The existing buildings on the site, currently housing a vacant Rental Storage Office, Frame Garage, and Storage Warehouse, will be demolished to accommodate the proposed development.

 

Planning Commission Action: On November 8, 2006, the Planning Commission voted to recommend that the Board of Supervisors approve the proposed General Plan Land Use Map Amendment, Zoning Text and Map Amendments, Major Subdivision and exceptions to the Subdivision Regulations and certify the Mitigated Negative Declaration.

 

Report Prepared By: Jennifer Cutler, Contract Planner, MHA Environmental Consulting, Inc., Telephone 650/373-1200

 

Report Reviewed By: Michael Schaller, Senior Planner, Telephone 650/363-1849

 

Applicant: Greg Ward

 

Owner: Blair Development

 

Location: 101 Fifth Avenue, Redwood City

 

APNs: 060-265-050, -060, and -070

 

Size: 18,000 sq. ft.

 

Existing Zoning: C-1/S-1 (Neighborhood Commercial/5,000 sq. ft. minimum parcel)

 

General Plan Designation: Neighborhood Commercial

 

Sphere-of-Influence: Redwood City

 

Existing Land Use: Vacant commercial buildings

 

Water Supply: California Water Supply

 

Sewage Disposal: Fair Oaks Sewer Maintenance District

 

Flood Zone: Zone C (Areas of minimal flooding), outside the 500-year flood zone

 

Environmental Evaluation: Initial Study and Mitigated Negative Declaration issued with a public review period between October 10, 2006 and October 30, 2006.

 

Setting: The property is located in a neighborhood commercial district that runs along Fifth Avenue and is adjacent to a residential district. It is located at the intersection of Fifth Avenue and Waverly Avenue in the unincorporated North Fair Oaks area of San Mateo County. The project site is located within Redwood City’s sphere of influence. The property is occupied by existing structures (currently vacant) and paving, with no significant vegetation on-site.

 

Chronology:

 

Date

 

Action

     

June 6, 2005

-

Application submitted.

     

October 10-30, 2006

-

Environmental Review document circulated for public comment.

     

November 8, 2006

-

Planning Commission public hearing. Project recommended for approval.

     

January 23, 2007

-

Board of Supervisors public hearing.

     

DISCUSSION

 

A.

KEY ISSUES

   
 

1.

Compliance with the General Plan

     
   

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

     
   

Soil Resources

     
   

Policy 2.17 (Regulate Development to Minimize Soil Erosion and Sedimentation). This policy requires development to minimize soil erosion and sedimentation. A condition has been included which requires the applicant to implement an erosion control plan as part of the subdivision improvements and construction of the buildings.

     
   

Visual Quality

     
   

Policy 4.20 (Utility Structures). This policy requires the minimization of visual impacts caused by utility structures, such as overhead wires and utility poles. To avoid the visual clutter of overhead utility lines, staff is recommending a condition of approval that would require all utility lines to be placed underground from the nearest existing utility pole to the project site.

     
   

Policy 4.35 (Urban Area Design Concept). This policy requires new development to maintain and, where possible, improve upon the appearance and visual character of development in urban areas. The applicant is proposing two 3-story buildings with a street height of 2.5 stories. Though these proposed buildings are larger than surrounding development, they provide appropriately dense housing in a commercially zoned area along a major roadway, and provide a buffer between that roadway and the residential neighborhood behind the proposed project. The proposed lot coverage would be less than 65% of lot area. In contrast, the Neighborhood Commercial zoning district has no site coverage requirements, allowing up to 100% lot coverage. The proposed 65% coverage is between the 100% allowed for commercial and the 50% allowed for adjacent residential, therefore acting as a buffer between these different uses.

     
   

The proposed buildings are well articulated in a residential style, including details such as window trellises and trim (see Attachment F). Though the density and size of the development is larger than the neighboring single-family residential development, the residential design of the proposal would help it transition between the neighboring residential and commercial uses. The new buildings and landscaping would be a visual improvement on this currently unused, fenced site. This project will thus be consistent with or improve upon the visual character of development in the area.

     
   

Urban Land Use Policies

     
   

Policy 8.13 (Appropriate Land Use Designations and Locational Criteria for Urban Unincorporated Areas). This policy requires the utilization of the densities and locational criteria contained within Table 8.1 when designating appropriate land uses for urban lands. The project parcels are currently designated as “Neighborhood Commercial” on the General Plan Land Use Map. Approval of this proposal will require changing that designation to “High Density Residential.” The High Density Residential designation allows from 17.5 to 87 dwelling units per net acre. The proposal would result in a density of 36 units per net acre. The locational criteria for High Density Residential are:

       
   

a.

Next to existing medium-high density areas.

       
     

The parcels immediately behind the project site are designated medium density residential (6.1-8.7 dwelling units/net acre). There are apartment complexes nearby, to the east and west, on Fifth Avenue. These parcels are also designated as Neighborhood Commercial. It should be noted that the zoning for these parcels does allow for high density residential use, in the form of apartments, subject to the issuance of a use permit.

       
   

b.

Along transportation corridors.

       
     

The project site fronts Fifth Avenue, which is a major thoroughfare. The project is also one block from El Camino Real, also a major thoroughfare.

       
   

c.

Adjacent to or in conjunction with commercial land uses.

       
     

The parcels on either side of the project site will remain designated for neighborhood commercial use.

       
   

d.

Near employment centers.

       
     

There are numerous commercial and industrial land uses in the project’s vicinity.

       
   

e.

Next to public services and facilities.

       
     

There is an elementary school near the project site. Additionally, there are fire stations and a Sheriff’s substation within the vicinity of the project site.

       
   

f.

On large vacant parcels on the edge or outside of single-family neighborhoods.

       
     

While the project parcel is not currently vacant, the existing buildings are unoccupied at this time. This is one of the few large properties under common ownership in the area and provides a unique opportunity to create multiple dwelling units in an area of high housing demand.

       
   

g.

Not within areas of high perceived noise levels.

       
     

The project site is within a large urban area with multiple noise sources. Unfortunately, given the nature of the area’s urban settings, there are few locations with large parcels, near transportation corridors and schools that can be developed for high density development that are not subject to some amount of noise.

       
   

North Fair Oaks Community Plan

     
   

Policy 3.3 (Diversified Housing Choices). This policy recommends the provision of a diversity of housing types based upon the economic differences in the community. The proposed townhomes offer a relatively unique housing choice in this neighborhood of single-family homes, duplexes, and apartments. This project would increase the diversity of housing types available in this community, consistent with this policy.

     
   

Policy 3.5 (Techniques to Lower Housing Unit Costs). This policy encourages the development of choices that aid in lowering housing unit costs through zoning techniques such as the Planned Unit Development (PUD). The proposed project, a residential PUD, is consistent with this policy.

     
 

2.

Compliance with Zoning Regulations

     
   

As stated previously, the project is located in the C-1/S-1 Zoning District. This is a neighborhood commercial zone with a combining S-1 district overlay. Commercial developments in this zoning district must comply with the C-1 zoning regulations, while permitted residential development must also comply with the regulations of the S-1 overlay. The project includes a proposal to change the zoning of this parcel to PUD. In order to understand the ramifications of this zoning change, staff has compared the proposed development to the existing S-1 regulations. Below is a table listing the development standards for the S-1 Combining District, and how the proposed parcel and townhome lots compare with the applicable standards.

Standard

S-1 (Existing Zoning)

Proposal (PUD)

Building Site Width
(minimum average)

50 ft. (60 ft. for corner lots)

Townhome Lots
Average 20 ft.

     

Building Site Area (minimum)

5,000 sq. ft.

Average 2,263 sq. ft.

     

Minimum Lot Area Per Dwelling Unit

500 sq. ft.

Average 2,263 sq. ft.

     

Building Setbacks

   

Front

20 ft.

20 ft. (for Building 2)
0 feet (for Building 1)

Sides

5 ft.

5 ft. (for end units)
0 ft. (for interior units)

Side (adjacent to
Fifth Avenue)

10 ft.

10 ft.

Rear

20 ft.

20 ft. (for Building 1)
0 ft. (for Building 2)

     

Building Site Coverage

50%

48.1% for entire project site

     

Building Height

36 ft., not to exceed three stories

35.33 ft., two and a half stories

   

Parcel Size: The applicant has proposed to subdivide the project parcel into ten residential lots with an additional common lot for landscaping and access. As can be seen in the above chart, the gross area of each building lot would be less than the minimum required under the existing zoning. If the PUD rezoning is approved, then the depicted gross lot sizes will become fixed with the customized PUD zoning and cannot be changed without the approval of the Planning Commission and Board of Supervisors.

     
   

Building Setbacks: As can be seen above and in the site plans included as Attachment D, neither the parcel (including the ten residential lots and one common area lot) nor the individual townhome lots will conform to the S-1 setback regulations. This non-compliance is due to the high density of the proposed development and the limited size and configuration of each individual lot. Of primary concern to staff is the relationship of this project to residences on adjacent parcels. Along the property lines where proposed development abuts existing residences, the applicant is proposing to maintain a 5-foot side yard setback. This proposal meets the S-1 side yard setback regulations, as it would be the side of two of the proposed townhomes that would be adjacent to the shared property line. From the perspective of neighboring residents, the proposed development is no closer to them than what would be allowed under the existing zoning if the property were considered to front on Waverley Avenue rather than Fifth Avenue. Within the proposed development, setbacks to the boundary lines between the residences would be less than that typically required between buildings due to the reduced lot sizes, lot and residential unit configuration, and the fact that the proposal is for a townhome development, which by its very nature includes development of residential units with shared common walls. These unique features are included as elements of the customized PUD regulations.

     
   

Site Width and Frontage: The proposed lots will not conform to the site width requirements (60 feet for corner lots) or street frontage requirement (20 feet) for the S-1 Combining District and Subdivision Regulations. Although Lots 1, 2, 3, 4 and 5 are 20 feet to 23.3 feet wide, they do not have frontage on a street. Instead, they front a private walkway. This aspect of the project design also necessitates a rezoning to PUD (see Section A.3 below) and an exception to the Subdivision Regulations (see Section 5 below).

     
   

Parking: The plans indicate that each house would provide two covered parking spaces, as normally required for any residence having two or more bedrooms.

     
 

3.

Compliance with Planned Unit Development (PUD) Findings

     
   

The differences between the existing S-1 Combining District and the proposed PUD zoning were discussed above. However, Section 6191 of the Zoning Regulations states that no PUD District shall be enacted for any area unless and until the Board of Supervisors has first:

     
   

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

     
   

Staff Response: Based on the previous discussion in the General Plan Compliance Section of this report (Section A.1), staff concludes that the proposed PUD Zoning District regulations are in harmony with the applicable General Plan policies.

     
   

Additional required findings listed below (italicized), stipulate that the Board of Supervisors must find that the specific PUD District:

     
   

a.

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

       
     

Staff Response: The applicant is proposing a type of development (small lot, individual ownership) for which the County does not currently have a zoning designation. The proposed PUD Zoning District would allow this townhome design as a model for future residential development along major roadways, which can provide an important buffer between the high traffic volumes on the roadways and the adjacent lower density residential neighborhood. The proposed project provides a method for alternative housing styles and higher densities in an area with a great need for additional housing.

       
   

b.

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

       
     

Staff Response: Construction on this parcel with new buildings, constructed to today’s building codes, will enhance the value of this parcel and the surrounding area. Each of the proposed townhomes will be between 2,000 sq. ft. and 2,560 sq. ft. in size. While this size is larger than most apartments, this is a typical size for a townhome design.

       
   

c.

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

       
     

Staff Response: The zoning in the surrounding unincorporated area includes R-1/S-73 to the rear of the proposed project, and C-1 in the area adjacent to the proposed project along Fifth Avenue. The neighborhood is generally bounded by Fifth Avenue to the south, the Caltrain railroad to the east, El Camino Real to the west and Berkshire Avenue to the north. The neighborhood is composed of commercial and apartment buildings along Fifth Avenue and single-family residential homes to the rear of the proposed development. The proposed project is an appropriate transition from the commercial uses on Fifth Avenue to the residential neighborhood to the rear, and provides additional housing where it is in high demand.

       
   

d.

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

       
     

Staff Response: The major street that serves the project site, Fifth Avenue, is sufficiently improved and wide enough to accommodate the traffic volume that would be generated by this project. There is no reason to believe that the proposed project would adversely or significantly impact local or regional traffic patterns or volumes. This issue is more fully explored in the Mitigated Negative Declaration (Attachment H). A standard condition of approval has also been included in Attachment A to require the payment of roadway mitigation fees. Additionally, the project would provide the required 2-covered parking spaces per unit.

       
   

e.

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

       
     

Staff Response: The project’s overall site design, including the proposed buildings’ locations and setbacks relative to adjacent residences, provides adequate light, air, and privacy to neighboring uses. In response to neighborhood comments, the applicant redesigned the plans to reduce the size of all non-bedroom windows along the rear property line to allow for more privacy for the rear neighbors.

       
   

f.

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

       
     

Staff Response: The PUD provides a method for constructing higher density projects of this type in a controlled environment that ensures appropriate design. The proposed project is designed as a higher density residential development located between a major roadway and a lower density residential neighborhood. Due to the small size of the proposed project, it will not create overcrowding or undue congestion.

       
 

4.

Compliance with Subdivision Regulations

       
   

Staff has reviewed the proposed major subdivision with respect to regulations of both the State Subdivision Map Act and the County Subdivision Ordinance. The Department of Public Works and the Menlo Park Fire District have also reviewed the project and found it to be in compliance with their standards and the requirements of the County Subdivision Ordinance. Recommended conditions of approval from the Department of Public Works and the Menlo Park Fire District have been included in Attachment.

     
   

In order to approve this subdivision, the Board of Supervisors must make the following five findings. Supporting evidence for each finding is included.

     
   

a.

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

       
     

The Department of Public Works and Planning Department staff have reviewed the tentative map and found it to be 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.1 of this report.

       
   

b.

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

       
     

This site is physically suited for the proposed development for the following reasons: (1) the new parcels will be served by both community water and sewer systems; and (2) the new parcels will be accessed via a 24-foot wide driveway. Some grading will be necessary to construct the submerged parking for the project. However, due to the flat nature of the project site, it is anticipated that this amount will fall below the threshold requiring a public hearing. The proposed project would provide housing adjacent to a residential neighborhood at a higher density, which is compatible with the neighborhood commercial development along Fifth Avenue.

       
   

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 will not cause an impact to public health or safety. The project has been reviewed under CEQA and a Mitigated Negative Declaration prepared for the Board of Supervisors consideration (Attachment H). Mitigation measures have been included 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 subdivision does 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 (Dumbarton Park Subdivision, Volume 13, page 29; Record of Survey, Volume 19, page 72; Record of Survey, Volume 23, page 36).

       
   

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 unobstructed solar access to the south, thereby allowing morning sun to passively or actively (using rooftop solar panels) heat the proposed townhomes.

       
 

5.

Exceptions to Subdivision Design Requirements

     
   

Section 7020 of the Subdivision Regulations requires that all parcels must be at least 5,000 sq. ft. in size, at least 60 feet in width if a corner lot, and possess 20 feet of street frontage. As was discussed under the Zoning Compliance Section, the proposed subdivision would create lots that fail to meet these requirements. The proposed lots would be 1,175.3 to 1,356.6 sq. ft. in size, 19.9 to 23 feet in width, and possess no lot frontage, as they would front onto a private walkway in the on-site common area. However, Section 7020.2.k does allow for exceptions to the subdivision design requirements when the proposed development consists of clustered housing, townhomes, condominiums or combinations thereof. Chapter 5 of the Subdivision Regulations outlines the process for the granting of an exception to the design requirements. Specifically, the findings below must be made in order to approve an exception request:

     
   

a.

That there are special circumstances or conditions affecting the property, or the exception is necessary for the preservation and enjoyment of substantial property rights of the owner/subdivider.

       
     

There are no special circumstances or conditions such as steep slopes or utility easements that affect this project site. However, the applicant is proposing a type of residential design that the County’s Zoning and Subdivision Regulations are not designed to accommodate. The only way that this project can be approved is through the granting of an exception. The exception process is intended to address townhome and other unique development types that do not require the standard 5,000 sq. ft. lot.

       
     

The exception would be necessary for the preservation and enjoyment of substantial property rights of the subdivider. Section 7020.2.k of the Subdivision Ordinance does allow exceptions to parcel design requirements, pursuant to Chapter 5, when “The proposed development consists of clustered housing, townhomes, condominiums or combinations thereof.” This townhome project would require such an exception.

       
   

b.

That the exception is appropriate for the proper design and/or function of the subdivision.

       
     

As stated previously, the only way that this proposed townhome building style could function is if the Board of Supervisors grants the requested exception. The townhome design comprises not just an architectural style, but also includes individual ownership of the land under each residence, which is where townhomes differ from condominium developments where the land is held in common ownership by all members of the association. A townhome development requires an exception to the subdivision design requirements so that the individual units function independently.

       
   

c.

That the granting of the exception will not be detrimental to the public health, safety or welfare or injurious to other property or uses in the area in which the property is situated.

       
     

There is nothing in the proposal to suggest that this project would cause a significant negative impact to public health or safety. The project has been reviewed under CEQA and a Mitigated Negative Declaration prepared for the Board of Supervisors consideration (Attachment H). Mitigation measures have been included to reduce potentially significant impacts.

       
 

6.

Compliance with In-Lieu Park Fees

       
   

Section 7055.3 (Fees In-Lieu of Land Dedication) of the Subdivision Ordinance requires that, as a condition of approval of the tentative map, the subdivider 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 $13,934.42. A worksheet showing the prescribed calculation appears as Attachment G. A condition of approval (No.

   

7 in Attachment A) has been included requiring that these fees be submitted to the Planning and Building Department prior to recordation of the final map.

       
 

7.

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.

       
   

Alternatively, the applicant can request to pay an in-lieu fee if they are creating from 5-9 dwelling units, 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. Because this project will create more than nine dwelling units, it is not eligible for the in-lieu fee. Applying this standard to the current application, twenty percent (20%) of the proposed ten units is two units. Staff has included a condition of approval requiring the applicant to designate two lots on the final map as the inclusionary housing “units.” In addition, a condition has been added that requires the applicant to execute an agreement with the Board of Supervisors and record a deed restriction on the two units that binds current and future owners to comply with income controls for affordable housing. The applicant is aware of these requirements.

     

B.

REVIEW BY THE NORTH FAIR OAKS COMMUNITY COUNCIL

   
 

The North Fair Oaks Community Council Planning Subcommittee reviewed the proposed project and supported it without additional conditions.

   

C.

ENVIRONMENTAL REVIEW

   
 

An Initial Study was completed and a Mitigated Negative Declaration issued in conformance with CEQA guidelines (see Attachment H). The public review period for this document was October 10 through October 30, 2006. Mitigation measures have been included as Conditions of Approval No. 12-19 in Attachment A.

   

D.

REVIEWING AGENCIES

   
 

Department of Public Works

 

Building Inspection Section

 

Menlo Park Fire Protection District

 

Planning Director, City of Redwood City

 

North Fair Oaks Community Council

   

FISCAL IMPACT

 

Upon completion, due to the subdivision and improvements made on the property, the assessed tax revenue on the subject parcels will increase.

 

ATTACHMENTS

 

A.

Recommended Findings and Conditions of Approval

B.

Location Map

C.

Tentative Parcel Map

D.

Site and Landscape Plans

E.

Floor and Roof Plans

F.

Elevations

G.

In-Lieu Park Fee Worksheet

H.

Initial Study and Mitigated Negative Declaration

I.

Proposed PUD Zoning Map Amendment Ordinance

J.

Proposed PUD Zoning Text Amendment Ordinance

K.

Proposed General Plan Map Amendment

   

MHA/MJS:cdn – MHAR0007_WCU.DOC

Attachment A

 

COUNTY OF SAN MATEO

PLANNING AND BUILDING DEPARTMENT

 

RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL

 

Permit File Number: PLN 2005-00250

Board Meeting Date: January 23, 2007

 

Prepared By: Jennifer Cutler, Contract Planner, MHA Environmental Consulting

For Adoption By: Board of Supervisors

 

RECOMMENDED FINDINGS

 

Regarding the Mitigated Negative Declaration, Find:

 

1.

That the Board of Supervisors does hereby find that this Mitigated Negative Declaration reflects the independent judgment of San Mateo County.

   

2.

That the Mitigated 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 Mitigated Negative Declaration and agreed to by the owners and placed as conditions on the project, have been incorporated into the Mitigation Monitoring and Reporting Plan in conformance with the California Public Resources Code Section 21081.6.

   

Regarding the General Plan Land Use Map Amendment, Find:

 

5.

That the General Plan Land Use Map amendment is compatible with the General Plan, will create a harmonious arrangement of land uses and will not be in conflict with the General Plan as discussed in Section A.1 of this staff report.

   

6.

That the County General Plan Land Use Map be amended to change the subject parcels’ General Plan Map designation from “Neighborhood Commercial” to “High Density Residential.”

   

Regarding the Planned Unit Development Zoning Amendment, Find:

 

7.

That the proposed zoning of the area would be in harmony with said plan, and would not be in conflict with the County Master Plan (i.e., 1986 General Plan), or with any current land use plan for a sub-area of the County previously adopted by the Board, and that the specific PUD District under consideration, as discussed in Section A.3 of the staff report:

   
 

a.

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

     
 

b.

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

     
 

c.

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

     
 

d.

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

     
 

e.

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

     
 

f.

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

     

Regarding the Subdivision, Find:

 

8.

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 and the County Subdivision Regulations, as discussed in Sections A.1 and A.4 of the staff report.

   

9.

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

   

10.

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.

   

11.

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.

   

12.

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

   

Regarding the Exceptions to Subdivision Design Requirements, Find:

 

13.

That there are special circumstances or conditions affecting the property, or the exception is necessary for the preservation and enjoyment of substantial property rights of the owner/subdivider, as discussed in Section A.5 of the staff report.

   

14.

That the exception is appropriate for the proper design and/or function of the subdivision.

   

15.

That the granting of the exception will not be detrimental to the public health, safety or welfare or injurious to other property or uses in the area in which the property is situated.

   

RECOMMENDED CONDITIONS OF APPROVAL

 

Planning Department

 

1.

This approval applies only to the proposal and plans, as conditioned 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.

This subdivision approval is valid for two years, during which time a final map shall be filed. An extension to this time period in accordance with Section 7013.5.c of the Subdivision Regulations may be issued by the Planning Department upon written request and payment of any applicable extension fees if required, 60 days prior to expiration.

   

3.

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.

   

4.

Prior to recordation of the final map, the applicant shall pay to the San Mateo County Planning and Building Department $13,934.42 for in-lieu park fees as required by County Subdivision Regulations, Section 7055.3.

   

5.

Prior to recordation of the final map, the applicant shall pay the balance of the application fees owed for this project to the San Mateo County Planning and Building Department. An additional $28,594.65 is owed to the County.

   

6.

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. Said plan shall be prepared by a licensed landscape architect and include irrigation details. The plan shall include provision for the planting of fast growing bushes or trees along the north property line, adjacent to the single-family houses abutting the project site on the north. Said landscaping plan shall be installed prior to the issuance of a Certificate of Occupancy for the last dwelling unit resulting from this project. All installed landscaping shall be maintained. The covenants, conditions and restrictions, as required by Condition No. 7 below, shall indicate that individual owners and/or the homeowners association shall maintain the landscaping.

   

7.

Prior to the recordation of the final map, 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 map 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.

   

8.

Three separate demolition permits will be required to remove the existing structures. These buildings must be demolished and the permits finalized before the final map can be recorded.

   

9.

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.

   

10.

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

   

11.

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.

   

12.

Prior to building permit issuance, the applicant shall submit a lighting plan to the County Planning and Building Department, detailing the location and type of exterior lighting to be used in the project, and specifying the candle foot power of such lighting. The project will be required to maintain lighting levels such that the candle foot power of lighting generated on the project site shall not exceed one candle foot anywhere along the project perimeter. Lighting shall be confined to the project site only and shall not spillover onto adjoining properties.

   

13.

Prior to the beginning of any construction activities, the applicant shall submit to the Planning Department for review and approval an erosion and drainage control plan which shows how the transport and discharge of soil and pollutants from and within the project site shall be minimized. The plan shall be designed to minimize potential sources of sediment, control the amount of runoff and its ability to carry sediment by diverting incoming flows and impeding internally generated flows, and retain sediment that is picked up on the project site through the use of sediment-capturing devices. The plan shall also limit application, generation, and migration of toxic substances, ensure the proper storage and disposal of toxic materials, apply nutrients at rates necessary to establish and maintain vegetation without causing significant nutrient runoff to surface waters. Said plan shall adhere to the San Mateo Countywide Stormwater Pollution Prevention Program “General Construction and Site Supervision Guidelines,” including:

   
 

a.

Sequence construction to install sediment-capturing devices first, followed by runoff control measures and runoff conveyances. No construction activities shall begin until after all proposed measures are in place.

     
 

b.

Minimize the area of bare soil exposed at one time (phased grading).

     
 

c.

Clear only areas essential for construction.

     
 

d.

Within five days of clearing or inactivity in construction, stabilize bare soils through either non-vegetative BMPs, such as mulching or vegetative erosion control methods, such as seeding. Vegetative erosion control shall be established within two weeks of seeding/planting.

     
 

e.

Construction entrances shall be stabilized immediately after grading and frequently maintained to prevent erosion and control dust.

     
 

f.

Control wind-born dust through the installation of wind barriers such as hay bales and/or sprinkling.

     
 

g.

Soil and/or other construction-related material stockpiled on-site shall be placed a minimum of 200 feet from all wetlands and drain courses. Stockpiled soils shall be covered with tarps at all times of the year.

     
 

h.

Intercept runoff above disturbed slopes and convey it to a permanent channel or storm drains by using earth dikes, perimeter dikes or swales, or diversions. Use check dams where appropriate.

     
 

i.

Provide protection for runoff conveyance outlets by reducing flow velocity and dissipating flow energy.

     
 

j.

Install storm drain inlet protection that traps sediment before it enters any adjacent storm sewer systems. This barrier shall consist of filter fabric, straw bales, gravel, or sand bags.

     
 

k.

Install sediment traps/basins at outlets of diversions, channels, slope drains, or other runoff conveyances that discharge sediment-laden water. Sediment traps/basins shall be cleaned out when 50% full (by volume).

     
 

l.

Use silt fence and/or vegetated filter strips to trap sediment contained in sheet flow. The maximum drainage area to the fence should be 0.5 acres or less per 100 feet of fence. Silt fences shall be inspected regularly and sediment removed when it reaches 1/3 the fence height. Vegetated filter strips should have relatively flat slopes and be vegetated with erosion-resistant species.

     
 

m.

Throughout the construction period, the applicant shall conduct regular inspections of the condition and operational status of all structural BMPs required by the approved erosion control plan.

     

14.

No grading for the project shall commence until the applicant has applied for and been issued a grading permit by the Planning Department, whereby the following provisions shall apply:

   
 

a.

All grading shall be according to the plans prepared 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 revisions.

     
 

b.

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 engineer 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.

     
 

c.

The engineer who prepared the approved grading plan shall be responsible for the 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.

     
 

d.

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 the work falls behind schedule. The applicant shall submit monthly updates of the schedule 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.

     
 

e.

In the case where a respective project is proposed and approved with no accompanying building permit, or at the discretion of the Community Development Director, 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.

     
 

f.

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.

     
 

g.

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. Additionally, 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.

     
 

h.

Pursuant to Section 8604.11 of the Grading Ordinance, where applicable, a security in an amount to be determined by the Department of Public Works 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.

     

15.

The applicant shall submit a dust control plan to the Planning Department for review and approval prior to the issuance of a building permit for the project. The approved plan shall be implemented for the duration of any grading, demolition, and construction activities that generate dust and other airborne particles. The plan shall include 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.

Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.).

     
 

h.

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

     
 

i.

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

     
 

j.

Replant vegetation in disturbed areas as quickly as possible.

     

16.

Prior to the issuance of any grading or excavation permits, the applicant shall submit a Phase I Environmental Site Survey for the review and approval of the County Planning and Building Department and Department of Public Works. This site survey shall investigate whether any hazardous materials are located on the site, and if so, provide measures to clean up and remove these materials from the site prior to commencement of construction activities.

   

17.

Prior to building permit issuance, the applicant shall submit a detailed noise study for the County Planning and Building Department review and approval. This noise study shall evaluate current and projected noise levels in the project vicinity, and outline measures to be taken to ensure that the noise levels on the project site do not exceed the acceptable levels outlined by the County Noise Ordinance.

   

18.

All grading and construction activities associated with the project shall be limited to 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 activities will be prohibited on Sunday and any nationally observed holiday. Noise levels produced by construction activities shall not exceed 80-dBA level at any one moment.

   

19.

The applicant shall submit an on-site drainage plan, as prepared by their civil engineer, showing all permanent, post-construction stormwater controls and drainage mechanisms at the time of each respectively submitted project application. The required drainage plan shall show, in all respective cases, the necessary mechanisms to contain all water runoff generated by on-site impervious surfaces and shall include facilities to minimize the amount and pollutants of stormwater runoff through on-site percolation and filtering facilities.

   

20.

Prior to the issuance of a building permit, the applicant shall submit plans that include the extension of the landscaped median located between Fifth Avenue and the frontage road in front of the proposed project. This extension shall be a continuation of the existing median and will extend 12 feet or the distance required to block access to the driveway from Fifth Avenue. The plan shall be submitted to the Planning Department for review and prior to the issuance of a building permit.

   

21.

The applicant shall consider the feasibility of accommodating solar power on the roofs of the proposed buildings. Prior to the issuance of a building permit, the applicant shall submit such a feasibility analysis to the Planning Department, or shall submit a roof plan showing solar panels at the building permit stage.

   

Inclusionary Housing Requirements

 

22.

Two (2) inclusionary units are required and shall be constructed and completed concurrently with the other units of this development.

   

23.

The two (2) lots on which the inclusionary units shall be constructed shall be clearly identified on the recorded final map.

   

24.

The two (2) inclusionary units shall be offered at a sale price that is considered affordable for a moderate-income household. This price shall be set by the Planning and Building Department at the time the Certificate of Occupancy is issued for the units and shall take into account interest rates at that time.

   

Assurance of Continued Affordability: Resale Controls

 

25.

In accordance with the County’s Inclusionary Housing Ordinance, the applicant shall execute an agreement and/or appropriate instrument with the County Board of Supervisors, and record a deed restriction to the satisfaction of the Planning Department, binding current and future owners of the two (2) inclusionary units to comply with income controls for affordable housing. This shall take place before the final Certificate of Occupancy for the market rate units is issued.

   

26.

Said deed restriction shall limit future sales of the two (2) inclusionary units to:

   
 

a.

The original purchase price plus:

     
   

(1)

A percentage increase defined in the original deed from the developer to the first eligible homebuyer,

       
   

(2)

The amount of any substantial capital improvement expenditures greater than one percent of the original purchase price,

       
   

(3)

Minus any costs necessary to bring the unit into conformity with County Building Regulations, in the event that the occupant has allowed the unit to deteriorate due to deferred maintenance; or

       
 

b.

The fair market value, whichever is less.

     

27.

Regarding the two (2) inclusionary units, the deed restriction, recorded as part of the grant deed to the first eligible homebuyer, will contain provisions which provide the County with a first right to either purchase the unit at the contract price or assign the County’s first right to an eligible buyer. Such restrictions shall include provisions that, should the County fail to exercise its first right to purchase, the seller is required to sell the unit at the defined “affordable sales price” to an eligible buyer selected by the seller. The seller shall not levy or charge any additional fees nor shall any “finders fee” or other monetary consideration be charged other than customary real estate commissions and closing costs.

   

28.

The applicant shall incorporate, as a part of the grant deed conveying title of the two (2) inclusionary units, a declaration of restrictions, stating the restrictions imposed by this chapter including, but not limited to, all applicable resale controls and occupancy restrictions. The terms of the restrictions shall specifically assign to the County all of the sellers’ rights to enforce the declaration of restrictions in the manner provided by law. The County or its designee shall monitor resales of these units, for purposes of preventing any abuse or violation of sale or resale controls. Unless otherwise agreed to by the County, the restrictions shall last no less than 55 years. The determination of the term of affordability by the County may be impacted as necessary to facilitate the use of Federal or State affordable housing financing programs.

   

Buyer Certification and Selection

 

29.

These two (2) inclusionary units shall only be sold to a household that qualifies as extremely low, very low, low-income, or moderate-income, as defined by Section 7910 of the County Ordinance Code. Buyers eligible to purchase inclusionary units will be selected by the developer in accordance with a marketing program approved, in advance, by the County. The marketing program shall set forth an equitable selection process to be used for the marketing of the inclusionary unit.

   

30.

Selection criteria may include, but not be limited to, household income and assets, household size, and the size of the inclusionary unit. In addition, priority may be given, first, to current residents of San Mateo County, and second, to persons employed in San Mateo County.

   

Monitoring Fee

 

31.

At the time of resale, or whenever the County exercises its option to purchase any ownership of the inclusionary units, the current owner shall pay a monitoring fee to the County. The amount of the fee shall be set by resolution of the Board of Supervisors, and may be adjusted periodically as necessary to cover the County’s costs to monitor resale of inclusionary units.

   

Department of Public Works

 

32.

Prior to the issuance of the building permit, 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 and 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; and

     
 

b.

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

     

33.

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 No. 3277.

   

34.

The provision of the San Mateo County Grading Ordinance shall govern all grading on and adjacent to this site. Unless exempted by the Grading Ordinance, the applicant may be required to apply for a grading permit.

   

35.

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

   

36.

The applicant shall submit a driveway “plan and profile” to the Department of Public Works, showing the driveway access to the parcel (garage slab) complying with County standards for driveway slopes (not to exceed 20%) and to County standards for driveways (at the property line) being the same elevation as the center of the access roadway. When appropriate, this plan and profile shall be prepared from elevations and alignment shown on the roadway improvement plans. The driveway plan shall also include and show specific provisions and details for both the existing and the proposed drainage patterns and drainage facilities.

   

37.

The applicant shall have a drainage analysis of the proposed subdivision prepared by a registered civil engineer. This drainage analysis shall be submitted to the Department of Public Works for review and approval. The drainage analysis shall consist of a written narrative and a plan. The flow of the stormwater onto, over, and off the property being subdivided shall be detailed on the plan and shall include adjacent lands as appropriate to clearly depict the pattern of flow. The analysis shall detail the measures necessary to certify adequate drainage. Post-development flows and velocities shall not exceed those that existed in the pre-developed state. Recommended measures shall be designed and included in the street improvement plans and submitted to the Department of Public Works for review and approval.

   

38.

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 and approval through appropriate CC&Rs.

   

39.

The applicant shall prepare a plan indicating the proposed method of installing sewer facilities for these properties. The plan shall be included on the improvement plans and submitted to the Department of Public Works for review. Upon completion of this review, the applicant or his engineer shall have these approved plans signed by the Fair Oaks Sewer Maintenance District.

   

40.

The property owner shall obtain sanitary sewer easements for any portion of the sewer main that lies outside of existing public sanitary sewer easements, if applicable.

   

41.

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.

   

42.

Any potable water system work required by the appropriate district within the County right-of-way shall not be commenced until County requirements for the issuance of any encroachment permit have been met. Plans for such work shall be reviewed by the Department of Public Works prior to the issuance of the permit.

   

43.

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

   

44.

“As-built” plans of all construction required by these conditions shall be prepared and signed by the subdivider’s engineer upon completion of all work. The “as-built” plans shall be accompanied by a written certification from the engineer that all private facilities have been completed in conformance with the approved plans.

   

45.

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

   

46.

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

   

47.

Erosion and sediment control during the course of the grading work shall be performed 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.

   

48.

It shall be the responsibility of the applicant’s engineer 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.

   

49.

In order to avoid potential soil erosion, no grading shall be allowed during the winter season (October 15 to April 15), 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.

   

Menlo Park Fire District

 

50.

Install a new fire hydrant at the corner of Waverly and Fifth Avenues. The fire hydrant shall be capable of supplying a minimum flow of not less than 1,750 gallons of water per minute. Fire hydrants shall be wet barrel standard steamer type with 1-4 1/2” (114.3 mm) and 2-2 1 /2” (63.5 mm) outlets (CFC 2001, Sec. 903). The fire hydrant shall be installed BEFORE construction begins.

   

51.

Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. Individual suite numbers shall be permanently posted on the main entrance doors of tenant spaces (CFC 2001, Sec. 901.4.4). If rear, outside doors to tenant spaces are installed, they shall include the installation of numerical address numbers corresponding to front addressing (CFC 2001, Sec. 901.4.4). Numbers on new occupancies shall be a minimum of 1/2-inch stroke wide by 2 1/2 inches high.

   

52.

Fire sprinklers are required as noted on the plans. A minimum of two sets of plans, specifications, equipment lists and calculations for the required fire sprinkler system shall be submitted to the Menlo Park Fire Protection District for review and approval prior to installation. A separate plan review fee will be collected upon review of these plans (CFC 2001, Sec. 103, Sec. 103.3.2.4, Sec. 103.3.2.5).

   

53.

All floors and all bedrooms shall be provided with smoke detectors.

   

54.

A fire alarm system shall be provided throughout the buildings, or the activation of a single fire sprinkler shall sound an alarm in all occupancies.

   

MHA/MJS:fc – MHAR0007_WCU.DOC