20101207_m


		COUNTY OF SAN MATEO Inter-Departmental Correspondence Planning and Building Department

DATE:				November 22, 2010
BOARD MEETING DATE:				December 7, 2010
SPECIAL NOTICE/HEARING:				10 days, w/in 300 ft.
VOTE REQUIRED:				Majority

TO:			Honorable Board of Supervisors

FROM:			Jim Eggemeyer, Community Development Director

SUBJECT:			Consideration of a Coastside Design Review Permit, pursuant to Sections 6565.4 (Coastal) and 6328.5 of the County Zoning Regulations as they existed in 1999, to construct a new 2,982 sq. ft. single-family residence and 400 sq. ft. detached garage on a 5,000 sq. ft. parcel located at 284 Second Street, in the unincorporated Montara area of the County. (Appeal from decision of the Planning Commission denying the Design Review). This project is not appealable to the California Coastal Commission.

County File Number: PLN 1999-00215 (Mahon)

RECOMMENDATION:
1.	Hold a public hearing for the purposes of making a decision on the conformity of applicant’s revised plans submitted to the Planning Department on April 16, 2009 to the Design Review standards in effect as of the date of the application in 1999.

2.	Approve the applicant’s revised plans submitted to the Planning Department on April 16, 2009, which were revised after the Board of Supervisors directed staff at its March 31, 2009 hearing to meet with the applicant’s architect to address concerns regarding the designs, thereby approving the Design Review Permit, County File Number PLN 1999-00215, by making the findings and adopting the conditions of approval as listed in Attachment A.

BACKGROUND:
This is a rehearing of an appeal from the Planning Commission’s denial of a Coastside Design Review permit. The Superior Court entered an order directing your Board to make a decision limited to whether the applicant’s revised plans submitted to the Planning Department on April 16, 2009 conform, or not, with the Design Review standards in effect at the time the application was filed in 1999. Accordingly, staff is presenting the same recommendation it made in the Board Memo dated April 20, 2009, attached as Attachment B.

DISCUSSION:
This appeal from the Planning Commission’s denial of a Coastside Design Review permit has been before your Board on two prior occasions. The Board’s first denial of the appeal in November 2004 resulted in a lawsuit by the applicant, seeking a court order to compel a new hearing. A new hearing was ordered by the Superior Court and the rehearing was held on April 28, 2010. At the time of the April 2010 hearing, a collection of neighbors raised the issue of parcel legality as a potential barrier to project approval. Your Board denied the Coastside Design Review permit because parcel legality had not been demonstrated at the time of the hearing. The applicant sought further review of that decision in the Superior Court, which ordered your Board to conduct a new hearing limited to the question of whether the applicant’s design complies with the applicable Design Review standards and without regard to the issue of parcel legality. (The County sought appellate review of that order, which was denied by the Court of Appeal.) Pursuant to the Superior Court’s order, your Board must hold a hearing by December 8, 2010 on the specific issue of the design’s compliance with the applicable Design Review standards. Staff’s recommendation with regard to the design’s compliance with the applicable Design Review standards has not changed since it last analyzed the issue in April 2009. Accordingly, the Board Memo from April 2009 is attached as Attachment B and constitutes staff’s recommendation.
Because staff believes that the legality of the land division resulting in the parcel configuration depicted on applicant’s designs has not been demonstrated, it recommends that your Board condition any approval of the designs, and condition the issuance of a building permit for those designs, on either a demonstration of parcel legality under generally applicable regulations and the state’s Subdivision Map Act, or, if no prior land division has legally occurred, the approval of a subdivision that divides the land in the manner depicted.

The approval of the Coastside Design Review permit contributes to the 2025 Shared Vision outcome of a Livable Community by bringing the project into compliance with Design Review standards which require consideration of a project’s future impact on the surrounding neighborhood character..

FISCAL IMPACT:
No fiscal impact.


Attachment A

COUNTY OF SAN MATEO
PLANNING AND BUILDING DEPARTMENT

RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL


Permit File Number: PLN 1999-00215			Board Meeting Date: December 7, 2010

Prepared By: Angela Chavez			For Adoption By: Board of Supervisors


RECOMMENDED FINDINGS

For the Environmental Review, Find:

1.	That this project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), Section 15303, Class 3, relating to new construction of small structures. A Notice of Exemption will be filed with the County Clerk’s Office and posted as required by CEQA.

For the Coastside Design Review, Find:

2.	That this project has been reviewed under and found to be in compliance with the Standards of Review Criteria as stipulated in Chapter 28.1 of the San Mateo County Zoning Regulations.

For the Coastal Development Permit Exemption, Find:

3.	That the proposed residence conforms to Section 6328.5.e of the County Zoning Regulations and is located within the area designated as a Categorical Exclusion Area.

RECOMMENDED CONDITIONS OF APPROVAL

1.	This approval applies only to the proposal as described in this report and approved by the Board of Supervisors on December 7, 2010. These plans supersede all previously submitted and reviewed plans. The Community Development Director may approve minor modifications if they are consistent with the intent of and in substantial conformance with this approval.

2.	This permit shall be valid for one year from the date of final approval by which time a building permit shall have been issued. Any extension of this permit shall require submittal of a request in writing, including reasons for the extension and payment of applicable fees for permit extension 30 days prior to expiration.
3.	Applicant shall either (1) demonstrate that the parcel configuration depicted on the submittal plans was the result of land division in compliance with County regulations and the Subdivision Map Act in a manner supporting the issuance of a Certificate of Compliance pursuant to Cal. Gov’t Code § 66499.35 or a Conditional Certificate of Compliance under that section; or (2) shall apply for and receive approval of a subdivision pursuant to any applicable laws and regulations that establishes the parcel configuration depicted on the approved submittal plans.
4.	The applicant shall obtain a building permit and develop in accordance with the approved plans and conditions of approval.

5.	No site disturbance shall occur, including any grading or tree removal, until a valid building permit has been issued.

6.	This permit allows for the removal of one Monterey pine tree (depicted as Tree #1 in the arborist report dated July 5, 2001). The applicant shall obtain from the County Department of Public Works the appropriate permit(s) for the removal of the pine. The applicant shall submit to the Planning Counter a copy of the permit from Public Works prior to the issuance of the building permit. Removal of any tree with a diameter greater than 12 inches as measured 4.5 feet above the ground shall require a separate tree removal permit. The other two trees recommended for removal by the arborist (Trees #2 and #3) shall be saved unless an arborist report is submitted to indicate that more than 25 percent of the root system of the tree is going to be impacted by development of the approved structure and driveway. If the two trees require removal, a separate tree removal permit will be required prior to removal. If the trees are to be saved, the applicant shall submit a tree preservation plan, prepared by a certified arborist, for review and approval prior to issuance of a building permit. The approved tree protection measures shall be implemented prior to the start of any grading or construction activity on the site.

7.	Depict all the trees along the County’s right-of-way and the 36-inch pine within the front yard on the site plan. Submit the revised plans to Planning for review and approval prior to Planning approval of the associated building permit.

8.	The applicant shall submit exterior color samples (no larger than approximately 4 square inches) for walls and trim to the Planning Counter for review and approval by the Community Development Director prior to Planning approval of the associated building permit. The applicant shall include the file/case number with all color samples. Color verification by a building inspector shall occur in the field after the applicant has painted the structure an approved color, but before the applicant schedules a final inspection.

9.	The applicant shall submit a material sample of the proposed roof material for review and approval of the color and material prior to Planning approval of the associated building permit. Roof material verification by a building inspector shall occur in the field after the applicant has installed the approved material, but before the applicant schedules a final inspection.

10.	The applicant shall submit a landscape plan (may be shown on the site plan of the submitted building permit application) depicting the location, type, and size of trees and shrubs for review and approval by the Planning Department. The landscaped areas shall be designed to reduce excess irrigation runoff and require minimal and appropriate use of fertilizers, herbicides and pesticides. The goal of the required landscape plan is to soften the building elevations and to increase surface filtration. The plan shall include a minimum of two (2) trees (minimum 5 gallons) in the front of the residence, one (1) tree (minimum 36-inch box) in the front of the residence, a minimum of three (3) trees (minimum 5 gallons) in the rear of the residence and a minimum of twenty (20) shrubs (minimum 1 gallon) shall be included in the design. Areas in the front and rear of the property that do not contain trees or shrubs shall be covered with a combination of turf or groundcover and/or a minimum of 2 inches of mulch on all exposed soil areas to minimize erosion.

11.	The applicant shall submit an erosion control plan (including sections depicting method of installation), prior to Planning approval of the associated building permit, to mitigate any erosion resulting from project-related grading activities.

12.	Submit an on-site drainage plan, as prepared by a civil engineer, showing all permanent, post-construction stormwater controls and drainage mechanisms. The required drainage plan shall show the necessary mechanisms to contain all water runoff generated by on-site impervious surfaces and shall include facilities to capture and retain all stormwater runoff through on-site percolation facilities. The drainage plan shall be submitted to the Planning Department for review and approval by the Community Development Director prior to Planning approval of the associated building permit. The plan shall be included as part of the project’s final building permit application and construction plans. The County Building Inspection Section and Department of Public Works shall ensure that the approved plan is implemented prior to the project’s final building inspection and occupancy approval.

13.	During project construction, the applicant shall, pursuant to Section 5022 of the San Mateo County Ordinance Code, minimize the transport and discharge of stormwater runoff from the construction site into storm drain systems by:

	a.	Stabilizing all denuded areas and maintaining erosion control measures continuously between October 1 and May 1.

	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 into the storm drain system or water body.

	d.	Using filtration or other measures to remove sediment from dewatering effluent.

	e.	Avoid cleaning, fueling, or maintaining vehicles on-site, except in an area designated to contain and treat runoff.

	f.	Limiting and timing application of pesticides and fertilizer to avoid polluting runoff.

14.	If the total land area disturbed by the project exceeds 5,000 sq. ft., the applicant shall, pursuant to Section 5023 of the San Mateo County Code, submit a construction site stormwater management plan to the Planning Counter, for review and approval by the Community Development Director. This plan must be approved by the Community Development Director before the issuance of any permit including, but not limited to, a grading permit, or a building permit. The plan shall illustrate and describe appropriate methods, chosen by the applicant from the California Stormwater Best Management Practices Handbook, to control stormwater runoff from the project site during construction and from land use activities on the site once the project is completed.

15.	The applicant is responsible for ensuring that all contractors are aware of all stormwater quality measures and implement such measures. Please refer to the attached handout, which details the BMPs. Failure to comply with the construction BMPs will result in the issuance of the correction notices, citations or a project stop order.

	a.	All landscaping shall be properly maintained and shall be designed with efficient irrigation practices to reduce runoff, promote surface filtration and minimize the use of fertilizers, herbicides and pesticides that can contribute to runoff pollution.

	b.	Where subsurface conditions allow, the roof downspout systems from all structures shall be designed to drain into a designated, effective infiltration area or structure (refer to BMPs Handbook for infiltration system designs and requirements).

16.	Noise levels produced by the proposed construction activity shall not exceed 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.

17.	No grading shall be allowed during the winter season (October 1 to May 1) 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 weeks prior to the commencement of grading stating when grading will begin.

18.	To ensure the height of the structure and/or structures do not exceed the maximum height permitted, staff requires the applicant to adhere to the height verification procedure during the building permit process. The applicant shall provide “finished floor elevation verification” to certify that the structure is actually constructed at the height shown on the submitted plans. The applicant shall have a licensed land surveyor or engineer establish a baseline elevation datum point in the vicinity of the construction site. The applicant shall maintain the datum point so that it will not be disturbed by the proposed construction activities until final approval of the building permit.

	a.	The datum point and its elevation shall be shown on the submitted site plan. This datum point shall be used during construction to verify the elevation of the finished floors relative to the existing natural or to the grade of the site (finished grade).

	b.	Prior to Planning approval of the building permit application, the applicant shall also have the licensed land surveyor or engineer indicate on the construction plans: (1) the natural grade elevations at the significant corners (at least four) of the footprint of the proposed structure on the submitted site plan, and (2) the elevations of proposed finished grades.

	c.	In addition, (1) the natural grade elevations at the significant corners of the proposed structure, (2) the finished floor elevations, (3) the topmost elevation of the roof and (4) garage slab elevation, must be shown on the plan, elevations, and cross-section (if one is provided).

	d.	Once the building is under construction, prior to the below floor framing inspection or the pouring of the concrete slab (as the case may be) for the lowest floor(s), the applicant shall provide to the Building Inspection Section a letter from the licensed land surveyor or engineer certifying that the lowest floor height--as constructed--is equal to the elevation specified for that floor in the approved plans. Similarly, certifications on the garage slab and the topmost elevation of the roof are required.

	e.	If the actual floor height, garage slab, or roof height--as constructed--is different than the elevation specified in the plans, then the applicant shall cease all construction and no additional inspections shall be approved until a revised set of plans is submitted to and subsequently approved by both the Building Official and Community Development Director.

19.	The plans submitted at the building permit stage shall clearly show the location of the existing well and that the proposed development complies with the required Environmental Health setbacks from that well.

20.	All new power and telephone utility lines from the street or nearest existing utility pole to the main dwelling and/or any other structure on the property shall be placed underground.

COUNTY OF SAN MATEO

Inter-Departmental Correspondence