COUNTY OF SAN MATEO Inter-Departmental Correspondence
PLANNING AND BUILDING DEPARTMENT
DATE:		September 25, 2008
BOARD MEETING DATE:		October 7, 2008
SPECIAL NOTICE/HEARING:		300 feet
VOTE REQUIRED:		Majority
TO:	Honorable Board of Supervisors
FROM:	Lisa Grote, Director of Community Development
SUBJECT:	EXECUTIVE SUMMARY: Consideration of an “After-the-Fact” Coastal Development Permit to allow the construction of a fence. The project also includes site restoration, which includes 250 cubic yards of excavation. The project site is located diagonally across Date Street along the edge of the State Highway 1 bypass right-of-way, in the unincorporated Montara area of San Mateo County. This project is appealable to the California Coastal Commission. (Appeal of the Planning Commission’s decision for approval.)
RECOMMENDATION
Deny the appeal and uphold the Planning Commission’s decision to approve the Coastal Development Permit subject to the conditions imposed by the Commission.
VISION ALIGNMENT
Commitment: The proposed project keeps the commitment of “Preserving and providing people access to our natural environment” by removing the chain link fence, preserving the open space character of the subject area.
Goal: The proposed project achieves Goal Number 14: “Important natural resources are preserved and enhanced through environmental stewardship.” This proposal contributes to this commitment and goal by requiring revegetation of the site with native plant species and installation of rock bollards and/or other natural appearing bollards to restore and preserve the site, thereby enhancing natural resources.
BACKGROUND
The applicant, CalTrans, applied for an “After-the-Fact” Coastal Development Permit (in response to VIO 2007-00048) for the construction of a 210-foot long, 6-foot high chain link fence along the property line adjacent to 932 Date Street to prevent trespassing and unauthorized activities on State-owned property. Subsequent to the application, approximately half of the fence has been removed and a site restoration plan has been submitted.
The Planning Commission approved the project with modified conditions of approval on June 25, 2008.
On July 9, 2008, the applicant filed an appeal of the Planning Commission’s modified conditions of approval imposed on the approval which include the removal of the chain link fence on the day following the end of the appeal period and prohibiting the use of an Environmentally Sensitive Area fence surrounding the restoration site. The appellant also raised concerns that the Planning Commission either misunderstood or failed to appreciate the purpose and reasons for installing the chain link fence and maintaining the chain link fence during restoration.
DISCUSSION
As a State agency, CalTrans is exempt from local building and zoning regulations (Government Code Section 53091); however, a Coastal Development Permit in compliance with Local Coastal Program Policy 2.1 must be approved by the Board of Supervisors. For the purposes of compliance with CEQA, CalTrans, as lead agency, has prepared a Categorical Exemption/Categorical Exclusion Determination and determined this project to be exempt under Class 1 (Existing Facilities).
Staff recommends that the removal of the chain link fence and implementation of the restoration plan as approved and conditioned by the Planning Commission complies with the Local Coastal Program Visual Resources Component.
FISCAL IMPACT
No net change.