COUNTY OF SAN MATEO

Inter-Departmental Correspondence

 

PLANNING AND BUILDING DEPARTMENT

 

DATE:

October 29 2007

BOARD MEETING DATE:

November 6, 2007

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

 

FROM:

Lisa Grote, Director of Community Development

 

SUBJECT:

Pillar Point Harbor Village Status Report

 

RECOMMENDATION

Accept the status report and attachments and (1) extend the time limit within which the Pillar Point Harbor Village project must be completed from November 22, 2007 to January 15, 2008, to allow time for the last building of the project to be constructed and the associated conditions of approval met, and (2) allow the hotel to open for business, prior to the extended deadline, upon receiving final building inspection approval for the associated building permits.

 

VISION ALIGNMENT

Commitment: Responsive, effective and collaborative government.

Goal 20: Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.

 

This last extension request ensures that the original intent of project approval is maintained through ongoing monitoring and reporting during the construction of the Pillar Point Harbor Village project. The project underwent full environmental review and all required Planning approvals were obtained. The project is designed to address the need for visitor-serving facilities on the Coast and to enhance the economic vitality of the Midcoast area.

 

BACKGROUND

On May 24, 2005, the Board of Supervisors extended the time limit within which the Pillar Point Harbor Village project must be completed to June 22, 2007.

 

Since that initial meeting, as requested by the Board, Planning staff has reported back several times to report on both the overall status of the project as well as specific issues needing clarification along the way, particularly around the timing and status of the public improvements required on Cabrillo Highway and Capistrano Road. On June 19, 2007, the Board extended that time limit to November 22, 2007, to allow the additional time the applicant indicated was necessary to complete the last building of the Harbor Village project – the separate restaurant structure. That permit issuance had been delayed to allow resolution of questions related to the issuance of the necessary sewer permits.

 

Due to the timing of the developer’s formal request for the Development Agreement’s extension (which included additional project requests), staff’s assessment of those requests and the preparation of this report were delayed. This prevented the report from being scheduled before the Board prior to the November 22 deadline. Given this status report is before the Board after that deadline, the developer has ceased all ongoing construction, which was primarily associated with the restaurant structure. Construction activity will only commence upon the Board’s approval to extend the deadline as requested.

 

This report represents the project’s latest status update. However, what is critical about this update is that the building permit for the project’s last structure – the restaurant – cannot be completed by the November 22, 2007 deadline and requires additional time to complete due to the nature of the project’s construction and the availability of materials. In the event the request to extend the project’s completion deadline to January 15, 2008, is approved, the next status report will be presented to your Board on January 8, 2008.

 

DISCUSSION

The following discussion addresses the Board’s request for a project status report, with emphasis on the following:

 

Summary of Project Conditions and Status:

 

Of the 45 conditions of the project’s original 1989 approval, 31 have been met, with 14 still pending as the project progresses towards completion. All public improvements on Cabrillo Highway and Capistrano Road have been completed. Attachment A includes a chart summarizing the most recent status of all 45 conditions. Except for one condition regarding day-care facilities to be fulfilled within one year from the project’s opening, all of the 14 remaining conditions include final approvals relating to the overall project’s compliance with Fire, Building Inspection, Public Works and Planning requirements, that are related to the completion of the final building – the restaurant. The construction associated with the other four building permits has been completed, and all conditions related to those buildings can be met by November 22, 2007. Additionally, all exterior lighting and parking area improvements have been installed and completed, and all landscaping and signage will have been completed by November 22, except for such improvements in the immediate area surrounding the restaurant structure presently under construction.

 

As cited in the last status report, the completion delay of the restaurant structure prevents the developer from completing the project by the November 22, 2007 deadline.

 

Conditions Regarding Public Improvements: Additional Requests by the Developer

 

The original conditions of project approval require the developer to construct roadway improvements along portions of Capistrano Road and Highway 1 (Conditions 1-7 of Attachment A – Summary Chart of Project Conditions). The improvements have been a high priority for the applicant. As of the writing of this report, staff has confirmed that all such improvements have been completed.

 

In addition to the developer’s request to extend the Development Agreement to January 15, 2008, the developer has additional requests as indicated in the October 16 letter (Attachment B), as summarized and discussed below:

 

1.

That the hotel be permitted to open for business on or before November 20, 2007 and that the retail area (the “mall”) within the hotel be allowed to open for business on or before December 15, 2007.

   
 

Upon consultation with County Counsel, there is nothing in the project’s Development Agreement, or originally issued conditions of approval that prohibit one or more elements of the project from opening prior to the others – or the entire project – being completed. Upon the initial approval to extend the Development Agreement in 2005, the Board specifically required that all public improvements be completed before the hotel is occupied. As stated earlier, with all the public improvements completed as required, opening for business could occur as long as all applicable departments have completed final inspections for the hotel and its interior retail mall. Most of the remaining 14 conditions can be broken out for the hotel and other related building permits and separately applied and required prior to completion of the restaurant structure.

   

2.

That a portion of the parcel adjacent to the development be designated as an area of expansion of the hotel premises to be used for outdoor social engagements such as weddings, graduation celebrations and other banquet-related events.

   
 

Attachments C and D show the area in question accessed from a hotel patio area but located off the formally-approved project site on an adjacent parcel owned by the same developer. The area’s improvement would include an expansive lawn area surrounded by trees and shrubs, with a fountain and small gazebo. It would be adjacent and to the rear of the Half Moon Bay Brewing Company. Upon consultation with County Counsel, neither the Development Agreement nor project as originally approved anticipates such an area. The proposed uses and expanded area pose two problems: (1) it is located off the formally-approved project site plan, and (2) the proposed uses have not been anticipated or reviewed relative to their impacts on surrounding uses (i.e., frequency and timing, noise from music, lighting, etc.). Staff recommends that the Board not take action on the expanded use. The developer retains the option of proposing this use in a future and separate application as an amendment to the Use Permit and Coastal Development Permit.

   

3.

That a portion of the parcel adjacent to the development be designated as an area on which a tennis court could be built for the recreation of hotel guests.

   
 

The proposed area for the tennis court is located east of the hotel and off the formally-approved project site. Similar to staff’s conclusion for the garden area, a tennis facility and use cannot be considered at this time. The developer also retains the option of proposing this use in a future and separate application.

   

FISCAL IMPACT

The total revenues associated with the building, electrical, plumbing and mechanical permits applied for to date is over $1,070,000. Additionally, the assessed tax revenue when the project is completed will increase significantly.

 

ATTACHMENTS

 

A.

Compliance Status Table with all 1989 Conditions of Approval

B.

Letter (October 16, 2007) from Point Pillar Project Developers, LLC

C.

Site Plan Showing Proposed Wedding Garden Area

D.

Wedding Garden Area Detail