Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Steve Monowitz, Community Development Director
Subject: Public Hearing to consider an appeal of the Planning Commission’s approval of a Design Review Permit and Grading Permit, pursuant to Section 6565.3 of the County Zoning Regulations and Section 9283 of the County Ordinance Code, for the construction of a new 2,771 sq. ft. two-story single-family residence, including an attached 507 sq. ft. two-car garage, 330 cubic yards of grading on a vacant 5,230 sq. ft. parcel, located between 631 and 647 El Granada Boulevard in El Granada
RECOMMENDATION:
title
Public Hearing to consider an appeal of the Planning Commission’s approval of a Design Review Permit and Grading Permit, pursuant to Section 6565.3 of the County Zoning Regulations and Section 9283 of the County Ordinance Code, for the construction of a new 2,771 sq. ft. two-story single-family residence, including an attached 507 sq. ft. two-car garage, 330 cubic yards of grading on a vacant 5,230 sq. ft. parcel, located between 631 and 647 El Granada Boulevard in El Granada:
A) Open the public hearing
B) Close the public hearing
C) Deny the appeal and uphold the Planning Commission’s decision to approve the Design Review Permit and Grading Permit, based on the findings and subject to the conditions of approval contained in Attachment A.
body
BACKGROUND:
The appeal contends that the project should not be approved because the Planning and Building Department’s analysis lacks transparency and fails to adequately consider dangers the development presents to adjacent properties in regards to drainage. The appeal further alleges that: the project does not protect sensitive habitat; the proposed drainage system is inadequate for the project; the development poses erosion and fire hazards; the applicant continues to redesign the drainage plan, not allowing the appellant adequate time to review the plan; the project violates General Plan Policies set forth to protect the environment; and, the project exacerbates fire danger and does not provide adequate setback for vegetation management.
Planning Commission Hearing: At its public hearing on October 15, 2020, the Planning Commission voted (5-0) on a motion to deny the appeal and uphold the Community Development Director’s approval of the Design Review Permit and Grading Permit. On October 28, 2020, the appellant filed this appeal of the Planning Commission’s approval.
On May 11, 2020 the Community Development Director approved the Design Review Permit and Grading Permit by making the required findings and imposing the conditions of approval presented in Attachment A of this report. On May 26, 2020, the appellant filed the initial appeal of the Community Development Director decision.
On April 9, 2020 the Coastside Design Review Committee reviewed and approved the
proposed project after the applicant made two redesigns.
Report Prepared By: Olivia Boo, Project Planner, oboo@smcgov.org <mailto:oboo@smcgov.org>
Appellant: Jeremiah Armstrong
Applicant: Ed Love, Architect
Owner: Wei Zheng
Location: Undeveloped parcel located between 631 and 647 El Granada Boulevard
APN: 047-151-120
Size: 5,230 sq. ft.
Existing Zoning: R-1/S-17/CD/DR (Single-Family Residential/S-17 Combining District/Coastal Development/Design Review)
General Plan Designation: Medium Density Residential (6.1-8.7 du/net acre)
Sphere-of-Influence: Half Moon Bay
Existing Land Use: Vacant with existing low growing vegetation. There are no existing trees.
Water Supply: Coastside County Water District.
Sewage Disposal: Granada Community Services District.
Flood Zone: The project site is located in Flood Zone X (Area of minimal flood
hazard, usually depicted on FIRMs as above the 500-year flood level), per
FEMA Panel No. 06081C0140E, effective October 16, 2012.
Parcel legality: Legal parcel. Certificate of Compliance (PLN 2016-00031) recorded.
Environmental Evaluation: Categorically exempt pursuant to Section 15303, Class 3(a),
of the California Environmental Quality Act (CEQA) Guidelines, related to new
construction of small structures, including single-family residences in a residential zone.
Setting: The project site is a vacant parcel located on El Granada Boulevard between 631 and 647 El Granada Boulevard, near Dolphine Avenue, east of Cabrillo Highway. The site is vegetated with wild grass and low growing vegetation. The site is located within a developed single-family residential neighborhood.
Chronology:
Date Action
May 3, 2019 - Application submitted.
November 14, 2019 - The project was reviewed and continued by the Coastside Design Review Committee in order to provide the applicant with the opportunity to reduce massing by decreasing internal height and lowering the grade of the house, in response to feedback from the Coastside Design Review Committee.
February 13, 2020 - Revised project continued by the Coastside Design Review Committee in order to allow the applicant to further respond to concerns about massing by recessing the second story from the first story and reducing the front entry door columns from two-story to one-story.
April 9, 2020 - Revised project reviewed and recommended for approval by the Coastside Design Review Committee (CDRC).
May 11, 2020 - Design Review and Grading Permit approved by Community Development Director.
May 15, 2020 - Revised Decision Letter mailed to correct project appeal end date from May 25, 2020 to May 26, 2020 due to the Memorial Day Holiday.
May 26,2020 - First appeal filed.
October 14, 2020 - Planning Commission public hearing.
October 28, 2020 - Second appeal filed.
December 8, 2020 - Board of Supervisors public hearing.
DISCUSSION:
A. PREVIOUS ACTIONS
The Planning Commission considered the appeal on October 14, 2020, and voted (5-0) on a motion to deny the appeal and uphold the Community Development Director’s approval of the Design Review Permit and Grading Permit. The Planning Commission noted the applicant made effort to reduce the bulk and mass of the house by redesigning the size and architecture. The appellant filed an appeal to the Board of Supervisors on October 28, 2020, see Attachment M for the complete appeal.
The appellant’s key points of appeal are summarized below followed by staff’s response.
BASIS FOR APPEAL TO THE BOARD OF SUPERVISORS
1. Under General Plan Policy 15.3, the Commission is to “integrate data on natural hazards into review of land use and development proposals in order to identify hazardous areas, potential constraints to development and/or appropriate mitigation measures.” Under the regulatory umbrella of General Plan policy numbers 15.3, 15.12, 15.13, 15.20, 15.21,15.26, and 15.27, Mr. Zheng’s proposed project presents Geotechnical, Erosion and Fire Hazards, as defined under General Plan Policy Numbers 15.5, 15.6, 15.9, 15.10, et seq.
Staff’s Response: Policies 15.3, (Incorporate Information of Natural Hazards into Land Use and Development Decisions), 15.5 (Definition of Geotechnical Hazards),15.9 (Designation of Geotechnical Hazard Areas),15.12 (Locating New Development in Areas Which Contain Natural Hazards), 15.13 (Abatement of Natural Hazards), 15.20 (Review Criteria for Locating Development in Geotechnical Hazard Areas), and 15.21 (Requirement for Detailed Geotechnical Investigations), discuss integrating data on natural hazards into the review of land use and development proposals in order to identify hazardous areas, potential constraints to development and/or appropriate mitigation measures. These policies also define and designate hazards, including geotechnical, fire, and flooding.
According to the San Mateo County Geographic Information System, the property and surrounding area is not located in a mapped Alquist-Priolo Earthquake Fault Zone, or a landslide or liquefaction zone. FEMA maps indicate the property to be in Zone X, an area of minimal flooding. As required by the Grading Regulations, the applicant submitted a Geotechnical Report and revised drainage plans on July 21, 2020. The Geotechnical Report, prepared by Sigma Prime, stated that the report was based on: published information on the geologic and seismic conditions in the site vicinity, site reconnaissance, subsurface study (including 2 soil borings at the site), engineering analysis and evaluation of subsurface data to develop geotechnical design criteria, and recommendation for the proposed structure.
The report concluded that the site is suitable for the proposed construction. As noted in the report, based on soil borings and field investigation, there is no likelihood of liquefaction or differential compaction, as the parcel contains competent bedrock, and the design of the residence will be constructed to meet current earthquake resistance standards. Recommendations for foundations, impervious surface drainage, and observation and testing of earthwork will be further reviewed at the building permit stage by the Building Division’s Geotechnical and Drainage Engineers once the structural plans are submitted. As is typical of projects during the Planning entitlements stage, geotechnical approval is conditional, pending more detailed review during the building permit stage.
Regarding fire hazards, the parcel is located in a Very High Fire Severity Zone. The Coastside Fire Protection District has reviewed the project and granted conditional approval. In addition to standard conditions for new residences (hard wired smoke detectors and automatic fire sprinkler system), roofing (Class A), attic ventilation, exterior walls, windows, exterior doors, decking, floors and underfloor protection are required to comply with California Residential Code R337 Materials and Construction Methods for Exterior Wildlife Exposure requirements. Vegetation management for defensible space is also required.
The project has been reviewed for potential hazards and is compliant as conditioned.
2. The proposal fails to provide proper drainage and compromises the integrity of the hillside, thereby endangering neighboring properties and causing sedimentary pollution in nearby waterways.
Staff’s Response: The latest revised drainage plan submittal, received after the October 14, 2020 Planning Commission meeting, was produced in response to the appellants concern that drainage would potentially impact his property. Planning staff referred the revised plan to Building Department drainage staff for review, to confirm the plans comply with county standards, prior to forwarding the plan to the appellant on October 27, 2020.
Applicants have the ability to revise plans and resubmit during both the Planning and Building permit stages in order to further satisfy regulation requirements. In this situation, the applicant has done so in order to address the appellants drainage concerns. Ultimately the plans must comply with County Building and Drainage Regulations, which will be determined at the building permit stage.
The current set of drainage plans show the drainage system has been relocated from the south side of the property to the north side of the proposed residence, away from the appellants property. These plans have been conditionally approved by the Department’s Drainage Review Section, subject to more detailed review at the building permit stage.
3. First version of design plans endangers adjacent property and present environmental concerns.
Staff Response: The Appellant’s concerns regarding prior versions of the drainage plans were addressed by the staff’s response to the appeal that was made to the Planning Commission, and by the revisions that have been made to the plan, as described above.
4. Second version of design plans still does not mitigate danger to adjacent property
and environmental damage.
Staff Response: See staff’s response to item number 3 above.
5. Given the flawed drainage plans, the proposed project contravenes environmental
protections set forth in the General Plan policies.
Staff’s Response: The submitted biologist report noted that no special-status
wildlife species are documented or likely to occur within the project area. To
ensure no potential adverse impacts to special-status species, a condition of
approval requires pre-construction surveys for nesting birds prior to shrub removal
activities, and that these vegetation removal activities occur during the non-
nesting season. There is no anticipated impact to natural creeks or waterways;
upon review of the County’s Geographic Information System map, the nearest
creek is Deer Creek, approximately 600 feet west of the parcel and the subject
neighborhood. The Drainage Plan, Drainage Calculations, and Erosion and
Sediment Control Plan have been reviewed by drainage staff, found to comply
with all applicable standards, and provide for the protection of water quality both
during and after construction.
6. The property exacerbates fire danger in a highly vulnerable zone and does not
provide sufficient setback for vegetation management.
The parcel is located in a Very High Fire Severity Zone.
The Coastside Fire Protection District has reviewed the project and granted
conditional approval. In addition to standard conditions for new residences (hard wired smoke detectors and automatic fire sprinkler system), roofing (Class A), attic ventilation, exterior walls, windows, exterior doors, decking, floors and underfloor protection are required to comply with California Residential Code R337 Materials and Construction Methods for Exterior Wildlife Exposure requirements, vegetation management for defensible space is also required. At the building permit stage, the applicant will be required to upgrade the fire hydrant, located within the required 500 feet from the property, and substantiate adequate fire flow and pressure in addition to any road improvements necessary to maintain a 20-foot wide asphalted road.
The side setbacks required for the S-17 zoning district are a minimum of 5 ft. and 10 ft. wide, which serve to provide fire access in an emergency situation. The project complies with these setbacks, and all other requirements applicable to new development in fire hazard severity zones.
7. Planning and Building Department’s analysis lacks transparency and appears designed to avoid appellate review of staff’s decisions.
Staff Response: It is staff’s understanding that the contention regarding transparency relates to the appellant’s desire to review a geotechnical/soils report, which initially was not required because the project is not located in a known geotechnical hazard area. In response to the reduction in height requested by the Design Review Committee, the applicant proposed 330 cubic yards of grading, which triggered the need for a grading permit and an associated geotechnical/soils report. All technical reports produced by the applicant have been provided to the appellant.
The appellant’s assertion that the procedures employed by staff are intended to avoid appellate review represents his opinion that the final detailed review of the drainage system, and other technical details, should occur prior to the approval of discretionary permits, rather than at the ministerial building permit stage. The reasons why all construction details are not required at the planning stage are practical ones, and do not limit the ability for interested parties to participate in the review of the discretionary aspects of the project. The level of project detail, and the technical analyses that have been provided to date, are more than adequate to establish that the proposed project can be developed in a manner that conforms to all policies and regulations that apply to the decision at hand. Subsequent reviews of the construction details will further ensure that the project is carried out in compliance with all applicable codes and regulations, as well as with the conditions of, and parameters established by, the approved planning permits.
C. ANALYSIS OF PROJECT COMPLIANCE WITH APPLICABLE COUNTY POLICIES AND REGULATIONS
1. Conformance with the County General Plan
Upon review of the applicable provisions of the General Plan, staff has determined that the project complies with all General Plan Policies, including the following:
a. Soil Resource Policies
Policies 2.17 (Regulate Development to Minimize Soil Erosion and Sedimentation) and 2.23 (Regulate Excavation, Grading, Filling, and Land Clearing Activities Against Accelerated Soil Erosion) discuss ensuring minimizing soil erosion and sedimentation, stabilization of disturbed areas, and protection of natural plant communities and areas of fish and wildlife.
The submitted Geotechnical Investigation report, prepared by Sigma Prime, evaluated the project area. The site is not located in an Alquist- Priolo special studies area or zone where fault rupture is considered likely. Active faults are not believed to be existing beneath the site and the potential for fault rupture to occur is low. The site is located in an active seismic area, with moderate to large earthquakes probable. The proposed single-family residence should be designed and constructed in accordance with current earthquake resistance standards. Differential compaction occurs during moderate and large earthquakes when soft or loose, natural or fill soils are densified and settle. The likelihood of significant damage to the structure from differential compaction is low. Liquefaction, loose silty sands below a water table and soils susceptible, do not exist at the site, therefore liquefaction is not expected to occur at the site. The rear of the property has a slope of 50 to 60 percent. About 300 feet below the house site shows scattered shallow soil failures, these types of failures are not expected to impact the proposed house site due to the steep canyons which are quite a distance below the top of the hillside. Grading totaling 330 cubic yards is proposed to implement the project for the new single-family residence with an attached two-car garage.
The applicant has submitted an erosion control plan prepared by Sigma Prime that includes a temporary construction entrance, concrete washout, and fiber rolls. The erosion control plan will require fiber rolls on the downslope (westward of the proposed residence) and has been reviewed by Planning staff. Staff has conditioned the project to prohibit grading during the wet season (October 1-April 30) to avoid the increased potential for soil erosion (unless an Exception to the Winter Grading Moratorium is granted by the Community Development Director).
b. Visual Quality
Policy 4.26 (Earthwork Operations) discusses keeping grading or earth -moving operations to a minimum and when grading is necessary, make graded areas blend with adjacent landforms through the use of contour grading rather than harsh cutting or terracing of the site.
Earthwork includes, 330 cubic yards of cut is proposed for the project which will be to recess the house into the ground in order to reduce the overall mass. The cubic yards is considered a minimal amount (just exceeding the amount of 250 cubic yards covered by a building permit). The grading will be limited to construct the proposed development and revegetation will be done as part of the approved landscape plan.
Policy 4.35 (Urban Area Design Concept) calls for new development to maintain and, where possible, improve upon the appearance and visual character of development in urban areas, and ensures that new development in urban areas is designed and constructed to contribute to the orderly and harmonious development of the locality.
The Design Review standards implement this policy within Design Review Zoning Districts of the County, including the Midcoast. In approving the project, the CDRC found that upon redesign of the single-family residence, the project complies with this policy 4.35. A discussion of compliance with design review standards is detailed under section C.3.b. of this report.
c. Urban Land Use
Policy 8.38 (Height, Bulk and Setbacks) regulates the height, bulk and setback requirements in zoning districts to: (1) ensure that the size and scale of development are compatible with the parcel size, (2)
provide sufficient light and air in and around the structures, (3) ensure that development of permitted densities is feasible, and (4) ensure public health and safety.
The proposed two-story structure meets the zoning district height standards and is compatible in design, scale and size with other residences located in the neighborhood. The appearance of mass and bulk of the new residence is reduced by the second-story stepping back from the first-story, the positioning and minimization of the roof mass relative to the main floor has reduced the overall bulk. The house and its foundation has been recessed into the existing grade in order to lower the overall height. The design of the new structure is complementary to the existing neighborhood context, as supported by the Coastside Design Review Committee’s approval.
d. Water Supply
Policy 10.10 (Water Suppliers in Urban Areas) recommends water systems as the preferred method of water supply in urban areas. Discourages use of wells to serve urban uses.
The Coastside County Water District has confirmed that a water service connection is available for this site.
e. Wastewater
Policies: 11. 5 (Wastewater Management in Urban Areas) Consider sewerage systems as the appropriate method of wastewater management in urban areas.
Granada Community Services District has provided staff with a project review comment letter indicating adequate capacity to serve the project, subject to conditions, including requiring the Applicant to obtain a Sewer Connection Permit.
f. Natural Hazards
Policy 15.20 (Review Criteria of Locating Development in Geotechnical Hazard Areas) and Policy 15.21 (Requirement for Detailed Geotechnical Investigation) seek to avoid siting structures in areas where they are jeopardized by geotechnical hazards; avoid areas that would increase geotechnical hazard to neighboring
properties; where possible, avoid construction in steeply sloping areas (generally above 30 percent); require adequate geotechnical investigation for private development proposals located in an Alquist-Priolo Special Studies Zone.
As discussed under Policies 2.17 and 2.23, the site is not located in an Alquist-Priolo special studies area or zone where fault rupture is considered likely. Active faults are not believed to be existing beneath the site and the potential for fault rupture to occur is low. Additionally, the grading will be limited to construct the proposed development. The proposed single-family residence should be designed and constructed in accordance with current earthquake resistance standards. Differential compaction occurs during moderate and large earthquakes when soft or loose, natural or fill soils are densified and settle. The
likelihood of significant damage to the structure from differential compaction is low. While the rear of the property, beyond the area of the proposed construction, has a slope of 50 to 60 percent, the project is not proposed in an area of greater slope than 30 percent. About 300 feet below the house site location, the land shows scattered shallow soil failures, these types of failures are not expected to impact the proposed house site as the steep canyons are quite a distance blow the top of the hillside.
g. Fire Hazards
Polices 15.27(a)(Appropriate Land Uses and Densities in Fire Hazard Areas), 15.28 (Review Criteria for Locating Development in Fire Hazard Areas), Policy 15.30 (Standards for Water Supply and Fire Flow for New Development) and policy 15.31 (Standards for Road Access for Fire Protection Vehicles to Serve New Development) require higher density land uses to be appropriate if development can be served by CDF/County Fire Department, a fire protection district or a city fire department, that adequate access for fire protection vehicles is available, sufficient water supply and fire flow can be guaranteed; when development is proposed in hazardous fire areas, require that it be reviewed by the County Fire Warden to ensure that building materials, access, vegetative clearance from structures, are in conformance to the fire policies of the General Plan; spacing and installation of fire hydrants in accordance with standards of the responsible fire protection agenda, consider additional on site fire protection devices such as residential sprinkler systems; adequate access for fire protection vehicles, adequate turn around radius, road widths, shoulders and other road improvements on conformance with the standards of the agency responsible.
The project is located within a High Fire Hazard Severity Zone. The project plans have been reviewed by the Coastside Fire Protection District, and conditionally approved. Public access exists using El Granada Blvd., an existing improved right of way that is currently used to access existing homes in the neighborhood. At the building permit stage, the applicant will be required to upgrade the fire hydrant, located within the required 500 feet from the property, install residential sprinklers and substantiate adequate fire flow and pressure in addition to any road improvements necessary to maintain a 20-foot wide asphalted road. Again, Coastside Fire Protection District has granted conditional approval of the project. Coastside County Water District has reviewed the project and indicated that water service can be provided.
2. Conformance with the Local Coastal Program (LCP)
The project qualifies for a Coastal Development Permit Exemption as the site is located in the Single-Family Residence Development Categorical Exclusion Area. The parcel is not located in a scenic corridor, nor is the property adjoin in an area of sensitive habitat. Because the project parcel meets the minimum lot size prescribed by the S-17 combining district and this project requires no exceptions to such standards, the project qualifies for a Coastal Development Exemption; as a result, additional LCP policies do not apply.
3. Conformance with the Zoning Regulations
The proposal complies with the property’s R-1/S-17/DR/CD Zoning
provisions, as indicated in the following table:
|
|
S-17 Development Standards |
|
|
|
Required/Allowed |
Proposed |
|
Minimum Building Site |
5,000 sq. ft. |
5,230 sq. ft.(existing) |
|
Minimum Side Yard |
Combined 15 ft, minimum 5 ft on one side |
10 ft. (Left side) 5 ft. (Right side) |
|
Minimum Front Yard |
20 ft. |
7 ft. 6 in.(allowed per Section 6408, Zoning Regulations) |
|
Minimum Rear Yard |
20 ft. |
40 ft. |
|
Maximum Building Height |
28 ft. |
23 ft. 8 inches |
|
Maximum Lot Coverage |
35% (1,830 sq. ft.) |
34.5% (1,806 sq. ft.) |
|
Floor Area Ratio |
53% (2,772 sq. ft.) |
53%(2,771 sq. ft.) |
4. Conformance with Design Review District Standards
The CDRC considered the project at regularly scheduled CDRC meetings on November 14, 2019, February 13, 2020 and April 9, 2020.
After redesign of the project, on April 9, 2020, the CDRC adopted the findings to approve the project, pursuant to the Design Review Standards for One-Family Residential Development in the Midcoast, Section 6565.20 of the San Mateo County Zoning Regulations, specifically elaborated as follows:
Section 6565.20 (C) SITE PLANNING AND STRUCTURE PLACEMENT; 1. Integrate Structures with the Natural Setting; b. Grading; (3): Despite its location on a hillside, design limits grading to
330 cubic yards for the footprint of the garage and its immediate vicinity.
Section 6565.20 (D) ELEMENTS OF DESIGN; 2. Architectural Style and Features; d. Garages; (1): Use of a decorative garage door is consistent with the style of the house, avoids making the garage the dominant feature as seen from the street, and complements the articulation of the front elevation facade.
Section 6565.20 (D) ELEMENTS OF DESIGN; 3. Roof Design; a. Massing and Design of Roof Forms; (1): Secondary roof forms and single-story expression in the front elevation serve to reduce the house’s apparent mass and scale, provide visual interest, and are compatible with the slope and material of the primary roof form.
5. Conformance with the County Grading Ordinance
(a) That the granting of the permit will not have a significant adverse effect on the environment.
The proposed single-family residence is in conformance with the General Plan and Zoning Designation for the property. The proposed grading supports the construction of the residence and allows for the house to have a lower ridge height and set into the slope of the property, thereby reducing bulk and mass of the structure. The submitted biologist report noted that no special-status wildlife species are documented nor are any such species likely to occur within the project area. To ensure no potential adverse impacts to special-status species occurs, a condition of approval is recommended to require pre-construction surveys for nesting birds for shrub or tree removal activities and that these
vegetation removal activities occur during the non-nesting season.
Further, this project has been reviewed and recommended conditional approval by the Department of Public Works, Geotechnical staff, Building Inspection Section and the
Coastside Fire Protection District. With implementation of the proposed Grading Plan prepared by a licensed civil engineer and associated conditions of approval, regarding protection of special-status species will ensure the project will not have a significant adverse effect on the environment.
(b) The project conforms to the criteria of Chapter 5, Division VII, San Mateo County Ordinance Code, including the standards referenced in Section 9296.
Planning staff, the Geotechnical Section, the Building Inspection Section, Coastside Fire Protection District and the Department of Public Works have reviewed the project and have determined its conformance to the criteria of Chapter 5, Division II, San Mateo County Ordinance Code, including the standards referenced in section 9296 and the San Mateo County General Plan, including timing of grading activity, implementation of erosion and sediment control measures, and dust control measures.
(c) That the project is consistent with the General Plan.
The subject site has a General Plan land use designation of Medium Density Residential Urban. The proposed single-family residence is in-fill development which is consistent with the allowed density and use of the designation. The project also conforms with the Design Review standards for the Midcoast area and with the development standards of the S-17 Zoning District which aids in the orderly and harmonious development of the parcel as it relates to the surrounding neighborhood. Therefore, the project as proposed and conditioned is consistent with the San Mateo County General Plan.
D. ENVIRONMENTAL REVIEW
This project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), Section 15303, Class 3(a), relating to the construction of one single-family residence in an urban, residential zone.
E. REVIEWING AGENCIES
Building Inspection Section
Department of Public Works
Geotechnical Section
Coastside Fire Protection District
Granada Community Services District
Coastside County Water District
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS
A. Recommended Findings and Conditions of Approval
B. Vicinity Map
C. Original Proposal Plans/CDRC Letter
D. Revision 1 Plans/CDRC Letter
E. Revision 2 Plan
F. CDRC Approval Letter
G. Appeal to the Planning Commission
H. Revised Plan (Dated July 21, 2020)
I. Applicant’s response to Planning Commission appeal
J. Site Photos
k. Biologist Report
L. April 8, 2020 Letter
M. Geotechnical Report
N. Appeal to the Board of Supervisors
O. Revised drainage plan
P. Applicant’s Response to Board of Supervisor’s Appeal
Q. Sigma Prime Response to Upp Letter
Attachment A
County of San Mateo
Planning and Building Department
RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL
Permit or Project File Number: PLN 2019-00162 Hearing Date: December 8, 2020
Prepared By: Olivia Boo, Project Planner For Adoption By: Board of Supervisors
RECOMMENDED FINDINGS
The Board of Supervisors finds that:
For the Environmental Review Find:
1. This project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), Section 15303, Class 3(a), relating to the construction of one single-family residence in an urban, residential zone.
For the Design Review Find:
2. The project has been reviewed under and found to be in compliance with the Design Review Standards for One-Family and Two-Family Residential Development in the Midcoast, Section 6565.20 of the San Mateo County Regulations, specifically discussed as follows:
a. Section 6565.20 (C) SITE PLANNING AND STRUCTURE PLACEMENT; 1. Integrate Structures with the Natural Setting; b. Grading; (3): Despite its location on a hillside, design limits grading to 330 cubic yards for the footprint of the garage and its immediate vicinity.
b. Section 6565.20 (D) ELEMENTS OF DESIGN; 2. Architectural Style and Features; d. Garages; (1): Use of a decorative garage door is consistent with the style of the house, avoids making the garage the dominant feature as seen from the street, and complements the articulation of the front elevation facade.
c. Section 6565.20 (D) ELEMENTS OF DESIGN; 3. Roof Design; a. Massing and Design of Roof Forms; (1): Secondary roof forms and single-story expression in the front elevation serve to reduce the house’s apparent mass and scale, provide visual interest, and are compatible with the slope and material of the primary roof form.
For the Grading Permit
3. That the granting of the permit will not have a significant adverse effect on the environment. As discussed in this staff report, no sensitive habitats or special-status wildlife species are documented nor are any such species likely to occur within the project area. No tree removal is proposed.
4. That the project conforms to the criteria of this chapter [Grading Ordinance Section 9280], including the standards referenced in Section 9296 and that the project is consistent with the General Plan. The project, as proposed and conditioned, conforms to the standards in the Grading Regulations, including those relative to erosion and sediment control, dust control, fire safety, and timing of grading activity.
5. That the project is consistent with the General Plan specifically policies related to vegetative, water, fish, and wildlife resources and soil resources. The project will be in an urban residentially zoned area. The Drainage Plan, Drainage Calculations, and Erosion and Sediment Control Plan have been reviewed by drainage staff and granted conditional approval. The project, as proposed and conditioned, complies with applicable design review standards and will connect to local public utilities. Conditions of approval have been provided to ensure that grading operations minimize erosion and sedimentation resulting from the project.
RECOMMENDED CONDITIONS OF APPROVAL
Current Planning Section
1. The project shall be constructed in compliance with the plans approved by the Board of Supervisors on December 8, 2020. Any changes or revisions to the approved plans shall be submitted to the Community Development Director for review and approval prior to implementation. Minor adjustments to project design may be approved by the Design Review Officer if they are consistent with the intent of and are in substantial conformance with this approval. Alternatively, the Design Review Officer may refer consideration of the revisions to the Coastside Design Review Committee, with applicable fees to be paid.
2. The Grading Permit and Design Review Permit shall be valid for five (5) years from the date of approval, in which time a Building Permit shall be issued and a completed inspection (to the satisfaction of the Building Inspector) shall have occurred within 180 days of its issuance. The design review permit may be extended by a one (1)-year increment with submittal of an application for permit extension and payment of applicable extension fees sixty (60) days prior to the expiration date.
3. The applicant shall include a copy of this letter on the top pages of the building plans.
4. 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.
a. 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.
b. This 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).
c. 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.
d. 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) the garage slab elevation must be shown on the plan, elevations, and cross-section (if one is provided).
e. 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.
f. 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 the Community Development Director.
5. The property owner shall adhere to the San Mateo Countywide Stormwater Pollution Prevention Program “General Construction and Site Supervision Guidelines,” including, but not limited to, the following:
a. Delineation with field markers of clearing limits, easements, setbacks, sensitive or critical areas, buffer zones, trees, and drainage courses within the vicinity of areas to be disturbed by construction and/or grading.
b. Protection of adjacent properties and undisturbed areas from construction impacts using vegetative buffer strips, sediment barriers or filters, dikes, mulching, or other measures as appropriate.
c. Performing clearing and earth-moving activities only during dry weather.
d. Stabilization of all denuded areas and maintenance of erosion control measures continuously between October 1 and April 30.
e. Storage, handling, and disposal of construction materials and wastes properly, so as to prevent their contact with stormwater.
f. Control and prevention of the discharge of all potential pollutants, including pavement cutting wastes, paints, concrete, petroleum products, chemicals, wash water or sediments, and non-stormwater discharges, to storm drains and watercourses.
g. Use of sediment controls or filtration to remove sediment when dewatering the site and obtain all necessary permits.
h. Avoiding cleaning, fueling, or maintaining vehicles on-site, except in a designated area where wash water is contained and treated.
i. Limiting and timing application of pesticides and fertilizers to prevent polluted runoff.
j. Limiting construction access routes and stabilization of designated access points.
k. Avoiding tracking dirt or other materials off-site; cleaning off-site paved areas and sidewalks using dry sweeping methods.
l. Training and providing instruction to all employees and subcontractors regarding the Watershed Protection Maintenance Standards and construction Best Management Practices.
m. Additional Best Management Practices in addition to those shown on the plans may be required by the Building Inspector to maintain effective stormwater management during construction activities. Any water leaving the site shall be clear and running slowly at all times.
n. Failure to install or maintain these measures will result in stoppage of construction until the corrections have been made and fees paid for staff enforcement time.
6. 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.
7. The applicant shall apply for a building permit and shall adhere to all requirements from the Building Inspection Section, the Drainage Section, the Geotechnical Section, the Coastside Fire Protection District, the Granada Community Services District, and the Coastside County Water District.
8. No site disturbance shall occur, including any grading or vegetation removal, until a building permit has been issued.
9. This permit does not allow for the removal of any trees. Removal of any tree with a diameter equal to, or greater than, 12 inches as measured 4.5 feet above the ground shall require a separate tree removal permit.
10. To reduce the impact of construction activities on neighboring properties, comply with the following:
a. All debris shall be contained on-site; a dumpster or trash bin shall be provided on-site during construction to prevent debris from blowing onto adjacent properties. The applicant shall monitor the site to ensure that trash is picked up and appropriately disposed of daily.
b. The applicant shall remove all construction equipment from the site upon completion of the use and/or need of each piece of equipment which shall include but not be limited to tractors, back hoes, cement mixers, etc.
c. The applicant shall ensure that no construction-related vehicles shall impede through traffic along the right-of-way on El Granada Boulevard. All construction vehicles shall be parked on-site outside the public right-of-way or in locations which do not impede safe access on El Granada Boulevard. There shall be no storage of construction vehicles in the public right-of-way.
11. The exterior color samples submitted to the CDRC are approved. Color verification shall occur in the field after the applicant has applied the approved materials and colors but before a final inspection has been scheduled.
12. Noise sources associated with demolition, construction, repair, remodeling, or grading of any real property shall be limited to the hours from 7:00 a.m. to 6:00 p.m. weekdays and 9:00 a.m. to 5:00 p.m. Saturdays. Said activities are prohibited on Sundays, Thanksgiving and Christmas (San Mateo County Ordinance Code Section 4.88.360).
13. Installation of the approved landscape plan is required prior to final inspection.
14. At the building permit application stage, the project shall demonstrate compliance with the Water Efficient Landscape Ordinance (WELO) and provide the required forms. WELO applies to new landscape projects equal to or greater than 500 square feet and rehabilitated landscape projects equal to or greater than 2,500 square feet. A prescriptive checklist is available as a compliance option for projects under 2,500 square feet. The Performance approach is applicable to new and/or rehabilitated landscape projects over 2,500 square feet.
15. The applicant shall implement the following dust control measures during grading and construction activities:
a. Water all active construction and grading areas at least twice daily.
b. Cover all truck hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.
c. Apply water two times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at the project site.
d. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public street/roads.
e. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.).
Grading Conditions
16. No grading shall be allowed during the winter season (October 1 to April 30) to avoid potential soil erosion. The applicant shall submit a letter to the Current Planning Section, a minimum of two (2) weeks prior to commencement of grading, stating the date when grading will begin. A Winter Grading Exception may be granted for grading during the winter season at the discretion of the Community Development Director.
17. The applicant shall include an erosion and sediment control plan to comply with the County’s Erosion Control Guidelines on the plans submitted for the building permit. This plan shall identify the type and location of erosion control measures to be installed upon the commencement of construction in order to maintain the stability of the site and prevent erosion and sedimentation off-site.
18. No grading activities shall commence until the property owner has been issued a grading permit (issued as the “hard card” with all necessary information filled out and signatures obtained) by the Current Planning Section.
19. Prior to any land disturbance and throughout the grading operation, the property owner shall implement the erosion control plan, as prepared and signed by the engineer of record and approved by the decision maker. Revisions to the approved erosion control plan shall be prepared and signed by the engineer and submitted to the Community Development Director for review and approval.
20. Prior to issuance of the grading permit “hard card,” the property owner shall submit a schedule of all grading operations to the Current Planning Section, subject to review and approval by the Current Planning Section. The submitted schedule shall include a schedule for winterizing the site. If the schedule of grading operations calls for the grading to be completed in one grading season, then the winterizing plan shall be considered a contingent plan to be implemented if work falls behind schedule. All submitted schedules shall represent the work in detail and shall project the grading operations through to completion.
21. It shall be the responsibility of the engineer of record to regularly inspect the erosion control measures for the duration of all grading remediation activities, especially after major storm events, and determine that they are functioning as designed and that proper maintenance is being performed. Deficiencies shall be immediately corrected, as determined by and implemented under the observation of the engineer of record.
22. For the final approval of the grading permit, the property owner shall ensure the performance of the following activities within thirty (30) days of the completion of grading at the project site: (a) The engineer shall submit written certification that all grading has been completed in conformance with the approved plans, conditions of approval/mitigation measures, and the Grading Regulations, to the Department of Public Works and the Planning and Building Department’s Geotechnical Engineer, and (b) The geotechnical consultant shall observe and approve all applicable work during construction and sign Section II of the Geotechnical Consultant Approval form, for submittal to the Planning and Building Department’s Geotechnical Engineer and the Current Planning Section.
23. An Erosion Control Pre-Construction Site Inspection shall be conducted prior to the issuance of a grading permit “hard card” and building permit to ensure the approved erosion control and/or tree protection measures are installed adequately prior to the start of ground disturbing activities.
24. If shrub removal is to occur during the bird nesting season (February 15 - August 15), a pre-construction nesting bird survey by a qualified biologist is required to avoid potential impacts to special-status or non-special status bird species.
If active nests are observed, the qualified biologist will determine suitable buffers based upon nest location and bird species. Buffers will be dependent upon species, nest location and project activities, but may range between 25-75 feet for passerine birds and up to 250 feet for raptors.
Building Inspection Section
25. A building permit is required.
Drainage Section
26. An updated Drainage Report prepared and stamped by a registered civil engineer.
27. A final Grading and Drainage Plan prepared and stamped by a registered civil engineer.
28. An updated C3 C6 Checklist (if changes to the amount of impervious area were made during the design phase).
Geotechnical Section
29. The peer review of the soils report will occur at the time of building permit application.
Department of Public Works
30. Prior to the issuance of the building permit or planning permit (for Provision C3 Regulated Projects), the applicant shall have prepared, by a registered civil engineer, a drainage analysis of the proposed project and submit it to the Department of Public Works for review and approval. The drainage analysis shall consist of a written narrative and a plan. The flow of the stormwater onto, over, and off of the property 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 improvement plans and submitted to the Department of Public Works for review and approval.
31. Prior to the issuance of the building permit or planning permit (if applicable), the applicant shall submit a driveway “Plan and Profile,” to the Department of Public Works, showing the driveway access to the parcel (garage slab) complying with County Standards for driveway slopes (not to exceed 20 percent) and to County Standards for driveways (at the property line) being the same elevation as the center of the access roadway. When appropriate, as determined by the Department of Public Works, this plan and profile shall be prepared from elevations and alignment shown on the roadway improvement plans. The driveway plan shall also include and show specific provisions and details for both the existing and the proposed drainage patterns and drainage facilities.
32. No proposed construction work within the County right-of-way shall begin until County requirements for the issuance of an encroachment permit, including review of the plans, have been met and an encroachment permit issued. Applicant shall contact a Department of Public Works Inspector 48 hours prior to commencing work in the right-of-way.
33. Prior to the issuance of the Building Permit, the applicant will be required to provide payment of “roadway mitigation fees” based on the square footage (assessable space) of the proposed building per Ordinance No. 3277.
34. The applicant shall include a driveway curb cut for the proposed project.
Coastside Fire Protection District
35. Smoke Detectors which are hard wired: As per the California Building Code, State Fire Marshal regulations, and Coastside Fire Protection District Ordinance 2016-01, the applicant is required to install State Fire Marshal approved and listed smoke detectors which are hardwired, interconnected, and have battery backup. These detectors are required to be placed in each new and recondition sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping area. In existing sleeping rooms, areas may have battery powered smoke alarms. A minimum of one detector shall be placed on each floor. Smoke detectors shall be tested and approved prior to the building final. Date of installation must be added to exterior of the smoke alarm and will be checked at final. (Add note to plans).
36. Smoke alarm/detector are to be hardwired, interconnected, or with battery backup. Smoke alarms to be installed per manufactures instruction and NFPA 72. (Add note to plans)
37. Escape or rescue windows shall have a minimum net clear openable area of 5 sq. ft., 5.0 sq. ft. allowed at grade. The minimum net clear openable height dimension shall be 24 inches. The net clear openable width dimension shall be 20 inches. Finished sill height shall be not more than 44 inches above the finished floor. (CFC 1030). (Add note to plans).
38. Identify rescue windows in each bedroom and verify that they meet all requirements. (Add note to plans).
39. New residential buildings shall have internally illuminated address numbers contrasting with the background so as to be seen from the public way fronting the building. The letters/numerals for permanent address signs shall be 4 inches in height with a minimum 1/2-inch stroke. Residential address numbers shall be at least 6 feet above the finished surface of the driveway. Where buildings are located remotely to the public roadway, additional signage at the driveway/
roadway entrance leading to the building and/or on each individual building shall
be required by the Coastside Fire Protection District. This remote signage shall consist of a 6-inch by 18-inch green reflective metal sign with 3-inch reflective Numbers/Letters similar to Hy-Ko 911 or equivalent. (TEMPORARY ADDRESS NUMBERS SHALL BE POSTED PRIOR TO COMBUSTIBLES BEING PLACED ON SITE). (Add note to plans).
40. The building is in a Very High Fire Hazard Severity Zone and will require a Class A roof. (Add note to plans)
41. Vegetation Management (LRA) - The Coastside Fire Protection District Ordinance 2016-01, the 2016 California Fire Code 304.1.2. (Add note to plans).
a. A fuel break of defensible space is required around the perimeter of all structures to a distance of not less than 30 feet and may be required to a distance of 100 feet or to the property line. This is neither a requirement nor an authorization for the removal of living trees.
b. Trees located within the defensible space shall be pruned to remove dead and dying portions, and limbed up 6 feet above the ground. New trees planted in the defensible space shall be located no closer than 10 feet to adjacent trees when fully grown or at maturity.
c. Remove that portion of any existing trees, which extends within 10 feet of the outlet of a chimney or stovepipe or is within 5 feet of any structure. Maintain any tree adjacent to or overhanging a building free of dead or dying wood.
42. Fire Access Roads - Add note to plans: The applicant must have a maintained asphalt surface road for ingress and egress of fire apparatus. The City of Half Moon Bay Department of Public Works, San Mateo County Department of Public Works, the Coastside Fire Protection District Ordinance 2016-01, and the California Fire Code shall set road standards. As per the 2016 CFC, dead-end roads exceeding 150 feet shall be provided with a turnaround in accordance with Coastside Fire Protection District specifications. As per the 2016 CFC, Section Appendix D, road width shall not be less than 20 feet. Fire access roads shall be installed and made serviceable prior to combustibles being placed on the project site and maintained during construction. Approved signs and painted curbs or lines shall be provided and maintained to identify fire access roads and state the prohibition of their obstruction. If the road width does not allow parking on the street (20-foot road) and on-street parking is desired, an additional improved area shall be developed for that use. (Add note to plans).
43. Dead end emergency access exceeding 150 feet shall be provided with width and turnaround provisions meeting California Fire Code appendix D. (Add note to plans)
44. Fire Hydrant: There is a hydrant within the required 500 feet but it is a dry barrel hydrant or non-compliant hydrant. Applicant shall change it to the required (Clow 960) hydrant. As per 2016 CFC, Appendix B the hydrant must produce a minimum fire flow of 500 gallons per minute at 20 pounds per square inch residual pressure for 2 hours. Contact the local water purveyor for water flow details. (Add note to plans).
45. Automatic Fire Sprinkler System: (Fire Sprinkler plans will require a separate permit). As per San Mateo County Building Standards and Coastside Fire Protection District Ordinance Number 2016-01, the applicant is required to install an automatic fire sprinkler system throughout the proposed or improved dwelling and garage. All attic access locations will be provided with a pilot head on a metal upright. Sprinkler coverage shall be provided throughout the residence to include all bathrooms, garages, and any area used for storage. The only exception is small linen closets less than 24 sq. ft. with full depth shelving. The plans for this system must be submitted to the San Mateo County Planning and Building Department. A building permit will not be issued until plans are received, reviewed and approved. Upon submission of plans, the County or City will forward a complete set to the Coastside Fire Protection District for review. (Add note to plans).
46. An approved Automatic Fire Sprinkler System meeting the requirements of NFPA-13D shall be required to be installed for your project. Plans shall be submitted to the San Mateo County Building Department for review and approval by the authority having jurisdiction.
47. Add note to the title page that the building will be protected by an automatic fire sprinkler system. (Add note to plans).
48. CRC 2016 Section R337: This project is located in a Local Very High Responsibility Area for wildfire protection. Roofing, attic ventilation, exterior walls, windows, exterior doors, decking, floors and underfloor protection shall comply with CRC 2016 Section R337 requirements. You can visit the Office of the State Fire Marshal’s website at and click the new products link to view the “WUI Products Handbook.”
49. Copy R-337 Worksheet to a plan sized sheet and check appropriate boxes.
50. Provide window and door schedule showing it meets R-337 and add it to work sheet. All exterior doors including garage door must meet R-337.
51. Provide Eave and Gutter details that meet R-337 include all materials.
52. Add R-337 required vents to worksheet.
53. All fire conditions and requirements must be incorporated into your building plans, (see attached conditions) prior to building permit issuance. It is your responsibility to notify your contractor, architect and engineer of these requirements.
54. Contact the Fire Marshal’s Office to schedule a Final Inspection prior to occupancy and Final Inspection by a building inspector. Allow for a minimum 72-hour notice to the Fire Department at 650/573-3846.
55. Any chimney or woodstove outlet shall have installed onto the opening thereof an approved (galvanized) spark arrester of a mesh with an opening no larger than 1/2-inch in size or an approved spark arresting device. Maintain around and adjacent to such buildings or structures a fuelbreak/firebreak made by removing and cleaning away flammable vegetation for a distance of not less than 30 feet and up to 100 feet around the perimeter of all structures or to the property line, if the property line is less than 30 feet from any structure. This is not a requirement nor an authorization for the removal of live trees. Remove that flammable portion of any tree which extends within 10 feet of the outlet of any chimney or stovepipe, or within 5 feet of any portion of any building or structures. Remove that dead or dying portion of any tree which extends over the roof line of any structure.
56. All dead-end roadways shall be appropriately marked to standards of the Department of Public Works. Inspection required at time of installation.
57. All dead-end roadways shall be terminated by a turnaround bulb of not less than 96 feet in diameter.
Granada Community Services District (District)
58. The applicant must obtain a sewer connection permit to connect the project to the District’s wastewater facilities.
Coastside County Water District (CCWD)
59. The project is required to comply with Coastside County Water District regulations on water service and meters. The District performs inspections to verify compliance with all District regulations during construction and a final inspection when construction is complete.
60. If fire sprinklers are required by Coastside Fire Protection District, fire sprinklers are served from an independent and dedicated water service connection with a separate fire meter. Coastside County Water District does not allow passive purge systems to be installed on fire protection serviced. Fire protection services are authorized for the sole purpose of fire protection, so there shall be no cross connection.
61. A full set of the most recent plans and drawings for the project, including a full set (fire sprinkler, architectural, plumbing, mechanical, green building, structural, civil, utility and landscaping/irrigation) must be submitted to the District for review and approval. Existing and new utilities must be clearly marked on the drawings.