COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Planning and Building Department

DATE:

November 12, 2010

BOARD MEETING DATE:

November 30, 2010

SPECIAL NOTICE/HEARING:

10-Day Notice

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Jim Eggemeyer, Community Development Director

SUBJECT:

EXECUTIVE SUMMARY: Adoption of a resolution and ordinances amending the Local Coastal Program Land Use Plan and Zoning Regulations for resubmittal of the Midcoast Update to the California Coastal Commission for certification.

RECOMMENDATION:

1.

Adopt a resolution directing staff to submit the proposed Local Coastal Program (LCP) Land Use Plan amendments for Coastal Commission review and certification, without modification.

2.

Adopt the ordinances amending the affected portions of the County Zoning Regulations for Coastal Commission review and certification, without modification.

BACKGROUND:

On December 10, 2009, the California Coastal Commission (CCC) denied certification of the Midcoast Update Local Coastal Program (LCP) amendments proposed by the County, then voted to conditionally approve the amendments if County accepted 72 changes recommended by the CCC staff. In April and May of 2010, the Board of Supervisors conducted two public hearings regarding the County’s response. On May 11, 2010, the Board of Supervisors adopted a resolution directing County staff to utilize the resubmittal process, which allows the County to accept the CCC’s modifications it agrees with, and to propose alternative ways of addressing the CCC’s policy changes it finds problematic.

DISCUSSION:

The resubmittal that has been prepared for the Board’s consideration addresses the County’s concerns with CCC’s proposed modifications regarding lot retirement, water wells, growth restrictions, infrastructure capacity, priority uses, and grandfathering, by doing the following:

•

Establishing an in-lieu fee program to implement the CCC’s suggested lot retirement requirement, and narrowing its application so that it does not apply to Conditional Certificates of Compliance that legalize parcels that comply with minimum size standards.

•

Postponing the effective date of the CCC’s recommended well prohibition until five years from the effective date of the amendments. During this time, the County would conduct rigorous reviews of coastal development permits for wells, and work to develop a groundwater management plan that addresses private wells.

•

Exempting public works projects and non-residential development within neighborhood-serving commercial districts from the CCC’s suggested growth restriction that would prohibit development other than Coastal Act priority uses and 40 residential units per year until existing peak traffic levels are reduced.

•

Retaining the “grandfathering” provisions which provide that the amendments in the update do not apply to coastal development permit applications deemed complete prior to the effective date of the amendments.

•

Deleting portions of CCC’s suggested Public Works Policies that would prohibit the expansion of public works capacities until existing peak traffic levels are reduced.

•

Accepting CCC’s modifications that give coastal-dependent and coastal-related uses higher priority than affordable housing for limited public service capacities, and that rezone lands designated for the former Highway 1 bypass to Community Open Space with a “Linear Park” overlay.

Resubmittal of the Midcoast Update Local Coastal Program amendments to the California Coastal Commission for certification contributes to the 2025 Shared Vision outcome of a Livable Community by promoting a livable, healthy, and prosperous Midcoast community.

County Counsel has reviewed and approved the resolution and ordinances as to form and content.

FISCAL IMPACT:

CCC’s certification of the policy and ordinance changes contained in the resubmittal will commit portions of the Planning and Building Department’s constrained fiscal and staffing resources to developing Transportation and Groundwater Management Plans for the Midcoast. It will also commit Department resources to implementing the lot retirement requirement and transferring its administration to an appropriate third-party.