Standard

S-3 Combining District

Proposal (PUD)

Building Site Width

60 feet (corner parcel)
20 feet (street frontage)

20-25 feet (except Lot 6, which is 31 feet wide)

Building Site Area

5,000 sq. ft.

1,250 to 1,563 sq. ft.

Minimum Lot Area Per Dwelling Unit

1,250 sq. ft.

Avg. 1,960 sq. ft.

Building Setbacks

Front:

20 feet

20 feet (external)
(4 feet and 16 feet internal)

Sides:

5 feet

10 feet (external)
(0 feet internal)

Rear:

20 feet

20 feet (external)
(10 feet internal)

Building Site Coverage Area Ratio

50%

34%

Building Height

36 feet, three stories

36 feet, three stories

Parcel Size: The applicant has proposed to subdivide the project parcel with common easements for access. As can be seen in the above chart, the gross area of each building site would be less than the minimum required under the existing zoning. If the PUD rezoning is approved, then the depicted gross parcel 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 plans on Attachment D2, each proposed townhouse will not conform to the S-3 Combining District setback requirements. This is due to the limited size and configuration of each parcel. Of primary concern 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 10-foot side yard setback. This exceeds the S-3 Combining District regulations. The project will also maintain 20-foot front and rear yard setbacks as required by the S-3 Combining District. From the perspective of neighboring residents, the proposed development is no closer to them than what would be allowed under the existing zoning. Within the proposed development, setbacks between the residences will be less than that typically required due to the reduced parcel sizes and configuration. These unique features are included as elements of the customized PUD regulations.

Site Width and Frontage: The proposed parcels will not conform to the site width (60 feet for corner lots) or street frontage (20 feet) requirements for the S-3 Combining District. Although Lots 1, 2, 3 and 4 are 20 to 25 feet wide, they do not have frontage on a street. Instead, they front a private driveway. This 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 will provide two covered parking spaces, as normally required for any residence having two or more bedrooms. In addition, two uncovered visitor parking spaces are provided.

3.

Compliance with the Planned Unit Development (PUD) Findings

The differences between the existing R-3/S-3 zoning 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.

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. As discussed in Section A.8, the Planning Commission has reviewed the proposal and recommends approval and adoption of the proposed ordinance.

Additional required findings listed below (italicized), stipulate that the specific PUD District:

a.

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

Response: The proposed PUD Zoning District affects only the subject parcel. Development restrictions designed to protect adjacent residences (setbacks) have been maintained. Where deviations from the current zoning are necessary, they are within the boundaries of the project parcel and with regard to the minimum parcel size and internal setbacks. The applicant is proposing a type of development (small lot, individual ownership) for which the County does not currently have a zoning designation. From the perspective of adjacent residents, this project will look no different, either in density or overall size and design, than other multi-family townhouse developments that have been constructed nearby.

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.

Response: Construction on this vacant 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 townhouses will be less than 2,000 sq. ft. in size. While this 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.

Response: The zoning in the surrounding unincorporated area is R-3/S-3, except for an adjacent parcel at 317 Sixth Avenue recently rezoned to PUD for a similar townhome development. The neighborhood is generally bounded by Fifth Avenue on the west, Middlefield Road to the north, Semicircular Road to the south and east. The neighborhood is composed of a number of existing duplexes and apartment complexes. The proposed project is at a lower density than many of these developments and from a visual perspective, will fit in with or look better than many of the nearby properties.

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.

Response: The streets that serve the project site, Semicircular Road and Sixth Avenue, are sufficiently improved and wide enough to accommodate the traffic volume that will be generated by this project. There is no reason to believe that the proposed project will adversely or significantly impact local or regional traffic patterns or volumes. This was more fully explored in the Mitigated Negative Declaration (Attachment I). A standard condition of approval, No. 30, has also been included in Attachment A to require the payment of roadway mitigation fees. Additionally, the project will provide the required two covered parking spaces per unit, with two additional uncovered spaces for visitor parking.

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.

Response: The project’s overall site design, the proposed buildings’ locations and setbacks relative to adjacent residences provide adequate light, air, and privacy. The external setbacks meet or exceed those required by the existing zoning.

f.

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

Response: The project’s proposed number of residences and overall built density, relative to the parcel size, will not create an overcrowding of the parcel or undue congestion in that the number of proposed units on the site is consistent with the existing S-3 minimum lot area per dwelling Combining District requirement.

4.

Compliance with Subdivision Regulations

Staff and the Planning Commission have 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. Conditions of approval have been included in Attachment A of this report.

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, Planning staff, and the Planning Commission have reviewed the tentative map and found it 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 20-foot wide driveway. No significant grading is necessary to prepare the project site for the proposed development.

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’s consideration (Attachment I). 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 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 unobstructed solar access to the south, thereby allowing morning sun to passively or actively (using rooftop solar panels) heat the proposed townhouses. This is further discussed in Section A.8.

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, and at least 60 feet in width if a corner lot with 20 feet of street frontage. As was discussed under the Zoning Compliance Section, the proposed subdivision will create parcels that fail to meet these requirements. Although they are 20 to 25 feet wide, Lots 1 through 4 do not have a street frontage. 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 townhouse and other unique development types that do not need a standard 5,000 sq. ft. lot.

In September 2005, the Planning Commission voted to recommend that the Board of Supervisors deny a similar project at 317 Sixth Avenue. At issue was whether there was sufficient evidence to support this required finding for an exception to the Subdivision Ordinance design requirements. Although the physical circumstances of this property are not unique, 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. The Board of Supervisors subsequently made the required findings and approved the 317 Sixth Avenue project.

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 building style – townhouses – could function is if the Board of Supervisors grants the requested exception. The townhouse design comprises not just an architectural style, but also includes individual ownership of the land under each residence. This is where townhouses differ from condominium developments, where the land is held in common ownership by all members of the association. A townhouse 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’s consideration (Attachment I). 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) 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 $35,158. A worksheet showing the prescribed calculation appears as Attachment G. A condition of approval (No. 7 in Attachment A), of which the applicant is aware, 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, 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 six units is 1.2, which the ordinance allows to be rounded down to one unit, which must be designated for inclusionary housing. This unit may be designated for moderate-income households at the applicant’s discretion. Staff has included a condition of approval (No. 13 in Attachment A) requiring the applicant to designate one of the 4-bedroom lots on the final map as the inclusionary housing “unit.” The applicant is aware of this requirement.

A “moderate income household” is a household whose income, with adjustments for household size, does not exceed 120% of the County median household income as established by the U.S. Department of Housing and Urban Development (HUD). Consistent with the intent of the County’s inclusionary ordinance, the proposed inclusionary unit will be a 4-bedroom unit. Using HUD’s “assumed family size ratio,” this equates to a 6-person family. The moderate-income level, using the 2007 income schedule (Attachment H), ranges between $104,950, which is 80% of area median income for a 6-person family, and $132,250, which is 120% of area median income for a 6-person household. This income range will be used to help determine the sale price of the inclusionary unit.

Alternatively, if the applicant wishes to pay the in-lieu fee, this fee would total $200,874, in accordance with the calculations from Section 7912.1 of the County Ordinance Code.

8.

Planning Commission Action

The Planning Commission considered this item at its September 13, 2006 hearing, and recommended approval unanimously. The Commission also asked that the applicant explore the feasibility of installing solar panels on the roof of the project prior to his seeking final approval from the Board of Supervisors. In keeping with this request, the applicant has completed this analysis, which is included as Attachment L. This letter concludes that there are limited locations for adding solar panels to the roof of the buildings, and that the cost would be significant. For these reasons the applicant has requested that the Board not require installation of solar panels on the project. Staff concurs with this conclusion.

B.

REVIEW BY THE NORTH FAIR OAKS COMMUNITY COUNCIL

The North Fair Oaks Community Council Planning Subcommittee reviewed the proposed project at its February 2005 meeting and supported it unanimously without comments or recommended conditions.

C.

ENVIRONMENTAL REVIEW

An Initial Study was completed and a Mitigated Negative Declaration issued in conformance with CEQA guidelines (see Attachment I). The public review period for this document was April 20 through May 11, 2006. Staff received no comments. Mitigation measures have been included as Conditions of Approval Nos. 3 and 4 in Attachment A.

D.

OTHER REVIEWING AGENCIES

Department of Housing

Department of Public Works

Building Inspection Section

Geotechnical Section

County Counsel

California Water Service

Menlo Park Fire Protection District

North Fair Oaks Community Council

FISCAL IMPACT

The development should provide the County with some additional property tax revenue once completed. New construction is assessed at the full cash value of the project. The parcel is currently vacant and thus taxed at approximately $5,000 annually, of which the County’s portion is 14%, or $700. Property taxes would increase every year as the project is built out and sold off into individual ownership. Assuming the project is valued at $175 per square foot, which is the standard used by the Building Department, the assessed value of the new structures when completed plus land would be about $2,000,000. Property taxes would amount to about $21,250 annually, of which the County’s 14% portion would be about $3,000. This is approximately a four-fold increase over the current amount collected annually.

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.

County Department of Housing 2006 Income Limits

I.

Initial Study and Mitigated Negative Declaration

J.

Proposed PUD Zoning Map Amendment Ordinance

K.

Proposed PUD Zoning Text Amendment Ordinance

L.

Letter from applicant dated October 2, 2007

Attachment A

COUNTY OF SAN MATEO

PLANNING AND BUILDING DEPARTMENT

RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL

Permit File Number: PLN 2004-00273

Board Meeting Date: February 5, 2008

Prepared By: Matt Seubert

For Adoption By: Board of Supervisors

RECOMMENDED FINDINGS

Regarding the Negative Declaration, Find:

1.

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 Planned Unit Development Zoning Amendment, Find:

5.

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, 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.

6.

Regarding the Adoption of the Ordinances Rezoning the Parcel to PUD 132 and Enacting the PUD 132 Regulations, Find:

That the adoption of the PUD zoning is necessary for this project as the applicant is proposing a type of development for which the County does not currently have a zoning designation, as discussed in Section A.3 of the staff report.

Regarding the Subdivision, Find:

7.

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, as discussed in Sections A.3 and A.4 of the staff report.

8.

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

9.

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.

10.

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.

11.

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:

12.

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.

13.

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

14.

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

Current Planning Section

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.

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 Current Planning Section upon written request and payment of any applicable extension fees if required, 60 days prior to expiration.

3.

Prior to the beginning of any earth moving, demolition, or construction activities, the applicant shall submit to the Current Planning Section for review and approval an erosion, sediment and stormwater pollution prevention plan which 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 sediment control plan and stormwater pollution prevention plan shall be implemented prior to the commencement of operations.

4.

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.

5.

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.

6.

Prior to the issuance of a building permit, the applicant shall submit color and material samples of the proposed project for approval by the Community Development Director. The approved colors shall be verified by the Building Inspection Section prior to a final building permit inspection.

7.

Prior to recordation of the final map, the applicant shall pay to the San Mateo County Planning and Building Department $35,158 for in-lieu park fees as required by County Subdivision Regulations, Section 7055.3.

8.

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 map for this project.

9.

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 applicant’s improvement plans subject to the approval of the Director of Public Works or his designee as described in Condition of Approval Nos. 33 and following. 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 Current Planning Section for conformance with this condition. 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 subdivision 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 Current Planning Section, and shall disclose the requirement to any potential buyer(s). Each parcel shall be tagged by the Current Planning Section with this requirement, and no permits shall be issued for any development of the parcel(s) until this requirement is met.

10.

Prior to the issuance of a building permit for new construction on the project site, the applicant shall submit a landscape plan to the Current Planning Section for review and approval. 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 house resulting from this project. All installed landscaping shall be maintained. The covenants, conditions and restrictions, as required by Condition of Approval No. 11 below, shall indicate that individual owners and/or the homeowners association shall maintain the landscaping.

11.

Prior to the recordation of the final map, the applicant shall submit for review and approval by the Current Planning Section “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.

INCLUSIONARY HOUSING REQUIREMENTS

12.

One inclusionary 4-bedroom unit is required and shall be constructed and completed concurrently with the other units of this development.

13.

The lot on which the inclusionary unit shall be constructed shall be clearly identified on the final map. It shall be for one of the 4-bedroom units.

14.

The inclusionary unit 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 unit and shall take into account interest rates at that time. The Planning and Building Department will provide an Inclusionary Unit Pricing Guideline to the applicant.

Assurance of Continued Affordability: Resale Controls

15.

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 Current Planning Section, binding current and future owners of the inclusionary unit 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.

16.

Said deed restriction shall limit future sales of the inclusionary unit 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.

17.

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.

18.

The applicant shall incorporate, as a part of the grant deed conveying title of the inclusionary unit, 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 this unit, 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

19.

This inclusionary unit 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.

20.

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

21.

At the time of resale, or whenever the County exercises its option to purchase any ownership of the inclusionary unit, 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.

In-Lieu Fee

22.

Alternatively, if the applicant does not wish to provide an inclusionary housing unit within this project, then the applicant shall pay an in-lieu fee of $200,874. Said fee shall be paid to the San Mateo County Planning and Building Department, prior to the issuance of the first building permit for this development.

Department of Public Works

23.

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, 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.

24.

The applicant shall have prepared, by a registered civil engineer, a drainage analysis of the proposed subdivision in compliance with the County drainage policy. 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 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.

25.

The improvement plans shall include the proposed method of sewering these properties. The sewer plans shall be reviewed by the Fair Oaks Sewer Maintenance 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 Fair Oaks Sewer Maintenance District in accordance with adopted fee schedules.

26.

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.

27.

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.

28.

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.

29.

Pursuant to Section 8604.11 of the Grading Ordinance, a security in the amount of $5,000.00 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.

30.

Prior to the issuance of the building permit, the applicant will be required to provide payment of “roadway mitigation fees” in the amount of $12,321.40 based on the square footage (assessable space) of the proposed buildings per Ordinance #3277.

31.

No proposed construction work within the County right-of-way shall begin until the Department of Public Works has issued an encroachment permit.

32.

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.

33.

The final map 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.

34.

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.

35.

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

36.

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

37.

“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.

38.

The applicant shall submit a final map 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.

Menlo Park Fire District

39.

Fire apparatus roadways (public or private streets or roads, and in some instances driveways used for vehicle access) shall have a minimum unobstructed width of 20 feet (6 m) and an unobstructed vertical clearance of not less than 13 feet 6 inches (4 m). Streets under 36 feet (11 m) shall have red curbs and be posted with signs or red curbs and stenciled on one side and under 28 feet (8.5 m) on both sides of the street. Stencil and signs shall read as follows: “NO STOPPING FIRE LANE – CVC 22500.1” (CFC, 2001, Sec. 902.2.2.1).

40.

Fire apparatus roadways (public or private streets or roads used for vehicles access) shall be installed and fire hydrants in service prior to commencement of framing: PRIOR TO COMMENCEMENT OF FRAMING, CONTACT THE MENLO PARK FIRE PROTECTION DISTRICT TO SCHEDULE AN INSPECTION OF ROADWAYS AND FIRE HYDRANTS (CFC, 2001, Sec. 8704).

41.

Prior to the issuance of a building permit, submit two full sets of building plans to the Menlo Park Fire Protection District for review and approval (CBC, 2001, Sec. 1).

42.

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, and Sec. 103.3.2.5).

43.

Fire hydrant location shall not exceed 150 feet to the last dwelling unit. Existing fire hydrant location not shown on the plans.

44.

San Mateo County Ordinance requires fire sprinklers to be installed in all units: a 13-D sprinkler system with attic and garage coverage.

45.

All units shall have an address that is posted and visible from the street or road fronting, a minimum of a 1/2-inch stroke wide by 2 1/2 inches high. For this project, a monument may be required.