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File #: 22-565    Version: 1 Name:
Type: Multi-Item Status: Passed
File created: 7/18/2022 Departments: PLANNING AND BUILDING
On agenda: 7/26/2022 Final action: 7/26/2022
Title: Recommendation to: A) Open public hearing B) Close public hearing C) Adopt a resolution adopting the Initial Study and Mitigated Negative Declaration for the General Plan Land Use Map Amendment, Zoning Map Amendment, Minor Subdivision, and Grading Permit for the project at 501 Palmer Lane in the unincorporated North Fair Oaks area; and D) Adopt a resolution amending the San Mateo County General Plan Land Use Map to assign a land use designation of Single-family Residential to a 9,500 square foot portion of Assessor's Parcel Number 060-162-130, at 501 Palmer Lane in the unincorporated North Fair Oaks area; and E) Adopt an ordinance amending Chapter 2 of Division VI of the San Mateo County Ordinance Code (Zoning Annex) to revise the zoning maps, Appendix A, to assign a zoning designation of R-1/S-93 (One-family Residential/S-93 Combining District) to a 9,500 sq. ft. portion of Assessor's Parcel Number 060-162-130 at 501 Palmer Lane in the unincorporated North Fair Oaks area, prev...
Attachments: 1. 20220726_es PLN 2018-00271 (Radara LTD. Berghold) Ssbgg0194_es_wcu_ .pdf, 2. 20220726_Attachment A_ PLN 2018-00271 (Radara LTD.Berghold) Ssbgg0196_att_a_wcu (1).pdf, 3. 20220726_r1_ RESO (1) Attachment B_PLN 2018-00271 (Radara LTD. Berghold) Ssbgg0198_r_wcs.pdf, 4. 20220726_r2_RESO. (2) Attachment C_PLN 2018-00271 (Radara LTD. Berghold) Ssbgg0199_r_wcs.pdf, 5. 20220726_o_ ORD. Attachment D PLN 2018-00271 (Radara LTD.Berghold) Ssbgg0197_o__wcq .pdf, 6. 20220726_Attachments E-M_PLN2018-000271_Palmer Rezone - BOS Attachments.pdf, 7. Item No. 4 - 501 Palmer.pdf

Special Notice / Hearing:                         10-Day_

      Vote Required:                         Majority

 

To:                      Honorable Board of Supervisors

From:                      Steve Monowitz, Community Development Director

Subject:                      Consideration of a General Plan Map Amendment and Zoning Map Amendment, pursuant to Section 6550 of the County Zoning Regulations, a Minor Subdivision, pursuant to Section 7002 of the County Subdivision Ordinance, a Grading Permit, pursuant to Section 9283 of the County Ordinance Code, and adoption of a Mitigated Negative Declaration, pursuant to the California Environmental Quality Act, to subdivide a 34,816 square-foot parcel into three (3) lots at 501 Palmer Lane in the unincorporated North Fair Oaks area. 

 

                     County File Number:  PLN 2018-00271 (Radara LTD/Berghold)

 

RECOMMENDATION:

title

Recommendation to:

 

A)                     Open public hearing

 

B)                     Close public hearing

 

C)                      Adopt a resolution adopting the Initial Study and Mitigated Negative Declaration for the General Plan Land Use Map Amendment, Zoning Map Amendment, Minor Subdivision, and Grading Permit for the project at 501 Palmer Lane in the unincorporated North Fair Oaks area; and

 

D)                     Adopt a resolution amending the San Mateo County General Plan Land Use Map to assign a land use designation of Single-family Residential to a 9,500 square foot portion of Assessor’s Parcel Number 060-162-130, at 501 Palmer Lane in the unincorporated North Fair Oaks area; and

 

E)                      Adopt an ordinance amending Chapter 2 of Division VI of the San Mateo County Ordinance Code (Zoning Annex) to revise the zoning maps, Appendix A, to assign a zoning designation of R-1/S-93 (One-family Residential/S-93 Combining District) to a 9,500 sq. ft. portion of Assessor’s Parcel Number 060-162-130 at 501 Palmer Lane in the unincorporated North Fair Oaks area, previously introduced to the Planning Commission on June 22, 2022, and wave reading of the ordinance in its entirety; and

 

F)                      Approve the Minor Subdivision and Grading Permit, County File Number PLN 2018-00271, by making the required findings and adopting the conditions of approval in Attachment A.

 

 

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BACKGROUND:

Proposal:  The project parcel was previously split between the County of San Mateo and Town of Atherton boundary.  In 2018, the San Mateo Local Agency Formation Commission (LAFCo) approved a minor sphere-of-influence amendment and detachment of a portion of the parcel (approximately 9,500 sq. ft.) from the Town of Atherton.  The County has historically issued permits for development on the property and detachment was supported by the Town of Atherton and County to clarify which agency had land use jurisdiction and provide for consistent application of land use regulations by one agency over the whole of the property.  Additionally, detachment was necessary in order to subdivide the property, as proposed, placing the entire property in the County’s jurisdiction.  Subsequent to detachment, the proposed General Plan Map Amendment and Zoning Map Amendment is necessary to incorporate this portion of the parcel in the County’s land use and zoning maps.  The applicant requests a General Plan Map Amendment, Zoning Map Amendment, Minor Subdivision, and Grading Permit to assign a consistent zoning designation of One-family Residential (R-1/S-93) and General Plan designation of Single-family Residential, to the 9,500 sq. ft. portion (detached from the Town of Atherton) of the 34,816 sq. ft. parcel and subdivide the parcel into 3 lots:

 

 

Proposed Parcel Size

Proposed Access

Proposed Parcel A

11,082 sq. ft.

San Benito Avenue

Proposed Parcel B

13,732 sq. ft.

Palmer Lane (existing)

Proposed Parcel C

10,002 sq. ft.

Palmer Lane

 

The existing single-family residence will remain on proposed Parcel B and a new two-story residence with a basement is proposed for Parcel A.  A total of 470 cubic yards of grading (i.e., excavation) is proposed to accommodate the new basement for the proposed development on Parcel A.  The removal of 12 trees, including four significant trees consisting of one Walnut tree (12 inches diameter at breast height (dbh)), two American elm trees (12 inches and 25 inches dbh), and 1 Mexican fan palm tree (26 inches dbh), located throughout the property is proposed, primarily on proposed Parcel A.  No development is currently proposed on Parcel C.

 

Planning Commission Hearing:  The Planning Commission considered the project at its regularly scheduled public meeting on June 22, 2022 and voted (4-0) to recommend that the Board of Supervisors adopt the amendments and approve the project.  The Planning Commission found the project to be reasonable for the parcel and consistent with the unincorporated North Fair Oaks community, and raised no notable concerns.

 

Report Prepared By:  Summer Burlison, Project Planner; sburlison@smcgov.org <mailto:sburlison@smcgov.org>

 

Applicant:  Nancy Berghold, Studio Berghold

 

Owner:  Radara LTD

 

Public Notification:  Ten (10) day advanced notification for the hearing was mailed to property owners within 500 feet of the project parcel, and a notice for the hearing was posted in a newspaper (i.e., San Mateo Times) of general public circulation on July 16, 2022.

 

Location:  501 Palmer Lane, North Fair Oaks

 

APN:  060-162-130

 

Size:  34,816 sq. ft.

 

Existing Zoning:  None and R-1/S-93 (One-family Residential/S-93 Combining District)

 

North Fair Oaks Community (General) Plan Designation:  None and Single-family Residential (15 - 24 dwelling units/acre)

 

Sphere-of-Influence:  Redwood City

 

Existing Land Use:  Single-family residential development

 

Water Supply:  California Water Service - Bear Gulch

 

Sewage Disposal:  Fair Oaks Sewer District

 

Flood Zone:  Flood Zone X (Area of Minimal Flood); Federal Emergency Management Agency Flood Insurance Rate Map 06081C0302E, effective October 16, 2012.

 

Environmental Evaluation:  An Initial Study (IS) and Mitigated Negative Declaration (MND) were prepared and circulated for public review on March 14, 2022 through April 4, 2022.  No comments were received during the 20-day comment period.  Pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15073.5(c)(4), minor modifications to the circulated IS/MND have been made to correct a technical inaccuracy of the referenced General Plan land use designation cited as “Medium Density Residential” to “Single-family Residential”.  The correction does not result in any new, avoidable significant effects or new or revised mitigation measures.  The modifications have been shown in the final draft IS/MND as strikethrough and underline edits.  Therefore, recirculation of the IS/MND is not required.  Additionally, see Section B.  A copy of the final draft IS/MND is included in Attachment L.

 

Setting:  The project parcel is a double-frontage lot, between Palmer Lane and San Benito Avenue, and adjacent to the Town of Atherton boundary, in the North Fair Oaks community.  The existing 34,816 sq. ft. parcel consists of an existing single-family residence and multiple accessory buildings.  Surrounding land uses include single-family residential developments within the County and Town of Atherton.

 

Chronology:

 

Date                                          Action

 

July 19, 2018                     -                     General Plan Map Amendment, Zoning Map Amendment, and Minor Subdivision applications submitted, PLN 2018-00271.

 

June 30, 2019                      -                     Major Development Pre-application Public Workshop, PRE2018-00061.

January 28, 2022                     -                     Grading Permit application submitted.

 

February 28, 2022                     -                     Project application deemed complete.

 

March 14, 2022                     -                     Initial Study/Mitigated Negative Declaration circulated for public review; review period ended on April 4, 2022.

 

April 28, 2022                     -                     North Fair Oaks Community Council meeting; the Council recommended approval, see Section B below.

 

June 22, 2022                     -                     Planning Commission meeting.

 

July 26, 2022                     -                     Board of Supervisors meeting.

 

DISCUSSION:

A.                     KEY ISSUES

 

                     1.                     Compliance with the General Plan/North Fair Oaks (NFO) Community Plan

 

                                          a.                     Soil Resources

 

                                                               General Plan Policy 2.17 (Regulate Development to Minimize Soil Erosion and Sedimentation) seeks to minimize soil erosion and sedimentation.  The project would include 470 cubic yards of grading (i.e., excavation) to accommodate a new basement for the proposed single-family residential development on Parcel A.  The project site and surrounding vicinity is a highly urbanized, relatively flat area of the County.  The project would be required to comply with the County’s Grading Ordinance, including for erosion and sediment control, at the building permit stage and construction stage to ensure soil erosion and sedimentation is minimized.  An erosion and sediment control plan has been prepared by a licensed civil engineer that includes a stabilized construction entrance, fiber rolls, and tree protection measures.  The implementation of proposed and required erosion control measures will ensure that soil erosion is minimized.

 

                                          b.                     Urban Land Use

 

                                                               General Plan Policy 8.14 (Appropriate Land Use Designations and Locational Criteria for Urban Unincorporated Areas) provide guidelines for the appropriate designations and densities of properties located in Urban Neighborhoods to meet the stated objectives of the Urban Land Use Component.  A majority of the project parcel maintains a General Plan/North Fair Oaks Community Plan land use designation of Single-family Residential (15 - 24 dwelling units/acre).  A 9,500 sq. ft. portion of the parcel was detached from the Town of Atherton in 2018 and currently has no land use designation.  The proposed General Plan Map Amendment will designate the 9,500 sq. ft. portion of the parcel to be consistent with the existing land use designation of Single-family Residential as designated on the rest of the parcel and surrounding unincorporated area.  Based on the General Plan land use designation, the 34,816 sq. ft. parcel would support the proposed 3-lot subdivision with a resulting density of 3.75 dwelling units/acre, thus, not exceeding the maximum allowed densities of the General Plan/North Fair Oaks Community Plan.

 

                                                               General Plan Policy 8.30 (Infilling) and NFO Community Plan Policy 2C (Land Use) encourage residential infill development on underutilized parcels in urban areas where infrastructure and services are available.

 

                                                               The proposed project will allow better utilization of the larger project parcel to fulfill urban land use infill objectives to decrease the demand to construct housing in undeveloped areas (i.e., urban sprawl).  The project has received preliminary approval by municipal service providers who have confirmed that there is adequate capacity to provide respective service to the additional lots.  Additionally, the General Plan encourages increasing urban densities by redeveloping underutilized parcels, such as proposed with this project, as it is more cost effective than building new communities and their related infrastructure.

                                                               NFO Community Plan Policy 2B (Housing) seeks to promote additional housing units in existing residential areas by encouraging and facilitating legal accessory dwelling units.

 

                                                               The project will result in two additional residential lots that could support single-family residences and accessory dwelling units.  The existing residence on proposed Parcel B will remain along with an existing detached accessory dwelling unit.  Additionally, the plans for proposed Parcel A include a single-family residence and a detached accessory dwelling unit.  While there are currently no plans for development of Parcel C, it has the potential to support a single-family residence and accessory dwelling unit, or may have the potential to support residential development pursuant to Senate Bill (SB) 9.

 

                                          c.                     Water Supply and Wastewater

 

                                                               Water Supply Policies 10.10 (Water Suppliers in Urban Areas) and 10.12 (Coordination of Water Suppliers) consider water systems as the appropriate water supply for urban areas and seek to ensure water providers have capacity commensurate with the level of development permitted by adopted land use plans.  The project property is currently served by California Water Service - Bear Gulch (Cal Water).  The proposed project has been preliminarily reviewed and conditionally approved by Cal Water.

 

                                                               Additionally, Wastewater Policies 11.4 (Adequate Capacity for Unincorporated Areas) and 11.5 (Wastewater Management in Urban Areas) consider sewerage systems as the appropriate method of wastewater management in urban areas and seek to ensure adequate capacity is available for unincorporated areas.  The subject parcel is currently served by Fair Oaks Sewer District.  The District has indicated that there is sufficient sewer capacity to serve the proposed project.

 

                                          d.                     Transportation

 

                                                               Policy 12.21 (Local Circulation Policies) seeks to ensure local circulation systems function adequately to maximize freedom of movement for transportation users and allows adequate and safe access for various land uses.  The project parcel is a double-frontage lot, between Palmer Lane and San Benito Avenue - both improved public right-of-ways.  The project has been reviewed and conditionally approved by the Department of Public Works and the Menlo Park Fire Protection District for, among other things, traffic safety and emergency access.  The level of residential development that would be supported by the project is lower density single-family residential use below the maximum trip generation of the County Department of Public Works and City/County Association of Governments (C/CAG) thresholds for requiring a traffic impact study.  Additionally, the project is exempt from the requirement for a Vehicle Miles Traveled (VMT) analysis pursuant to Senate Bill (SB) 743 and Section 15064.3 of the CEQA Guidelines as a “small project” based on the State of California Governor’s Office of Planning and Research (OPR) December 2018 Technical Advisory for Evaluating Transportation Impacts in CEQA to achieve compliance with SB 743.  Full build-out of the project would generate less than 110 daily trips, would be consistent with the general plan, and there is no evidence indicating a potentially significant level of VMT would result.

 

                     2.                     Compliance with the Zoning Regulations

 

                     A majority of the project parcel is zoned R-1/S-93 (One-family Residential/S-93 Combining District); with the exception of approximately 9,500 sq. ft. which was detached from the Town of Atherton and currently has no zoning designation.  The proposed Zoning Map Amendment will zone the 9,500 sq. ft. portion of the parcel to be consistent with the existing R-1/S-93 zoning designation for the rest of the parcel and surrounding unincorporated area.

 

                     The project proposes a three-lot subdivision with the existing single-family residence to remain on proposed Parcel B and a new single-family residence to be constructed on proposed Parcel A.  The proposed subdivision would support existing and proposed single-family residential development on the newly subdivided lots in compliance with the R-1/S-93 zoning standards, as detailed below:

 

 S-93 Zoning Standards

Standard

Required

Proposed

 

 

Parcel A (Proposed Residence)

Parcel B (Existing Residence)

Parcel C (Future Potential)

Minimum Average Lot Width

50 ft.

73.5 ft.

53.6 ft.

68.6 ft.

Minimum Lot Area

10,000 sq. ft.

11,082 sq. ft.

13,372 sq. ft.

10,002 sq. ft.

Maximum Development Density

6.0 dwelling units/ net acre (du/na)

4 du/na

3.2 du/na

4.3 du/na

Minimum Front Setback

20 ft.

20 ft., 9 in.

+ 66 ft.

Min. 20 ft.

Minimum Rear Setback

20 ft.

+ 48 ft.

+ 50 ft.

Min. 20 ft.

Minimum Side Setbacks

10 ft.

10 ft.

Right side: 4 ft. (existing non-conforming; no change) Left side: 13 ft., 7 in.

Min. 10 ft.

Maximum Lot Coverage

30%

23%

24%

Max. 30%

Maximum Floor Area

3,900 sq. ft.*

3,669 sq. ft.

2,885 sq. ft.

Max. 3,900 sq. ft.

Maximum Height

30 ft., two habitable stories

30 ft., two habitable stories

< 20 ft., one habitable story

Max 30 ft., two habitable stories

Daylight Plane

Yes

Yes

Yes

Yes

Min. Parking Requirements

2 covered parking spaces (dwelling with 2 or more bedrooms)

2 covered parking spaces

2 covered parking spaces

Min. 2 covered parking spaces

*Maximum Floor Area varies based on lot size:  0.26 (Building site area - 5,000 sq. ft.) + 2,600 sq. ft.

 

                     3.                     Findings for General Plan Map Amendment and Zoning Map Amendment

 

                     In order to change the General Plan land use map and zoning map, the following findings are required:

 

                                          a.                     That the General Plan Land Use Map Amendment is compatible with adjacent land uses and will not be in conflict with the policies of the General Plan.

 

                                          As discussed above, the General Plan Map Amendment will apply a General Plan designation to a portion of the project parcel that was detached from the Town of Atherton and currently has no land use designation.  The proposed designation will match the existing land use designation of the parcel, is consistent with the surrounding unincorporated area’s land use designation and will support the infill objectives of the General Plan.

 

                                          b.                     That the Zoning Map Amendment meets the public necessity, convenience, and the general welfare of the community.

 

                                                               As discussed above, the Zoning Map Amendment will apply a zoning designation to a portion of the project parcel that was detached from the Town of Atherton and currently has no zoning designation.  The proposed designation will match the existing zoning designation of the remainder of the parcel and is consistent with the surrounding unincorporated area’s zoning designation.  The Zoning Map Amendment will support the proposed three-lot subdivision, which will accommodate additional housing units and allow for better utilization of the parcel while maintaining consistency with the zoning standards and surrounding single-family residentially developed community.

 

                     4.                     Compliance with the Subdivision Ordinance

 

                     The proposed tentative parcel map for the minor subdivision has been reviewed by staff under the provisions of the County Subdivision Ordinance which implements the Subdivision Map Act (Section 66410, et seq., of the Government Code of the State of California).  The County’s Building Inspection Section and Drainage Sections, Department of Public Works, the Menlo Park Fire Protection District, Fair Oaks Sewer Maintenance District, and California Water Service - Bear Gulch have also reviewed and provided conditional approval for the project.  The following findings as defined in Section 7013.3.b. of the Subdivision Regulations are required for subdivision approval:

 

                     1-2.                     That the proposed map and the design and improvements of the proposed subdivision is consistent with applicable general and specific plans.  As discussed in Section A.1, the proposed subdivision would result in an increase in the number of housing units on the site and would not exceed the North Fair Oaks Community Plan land use designations for the property.  Additionally, all public services and infrastructure are available to serve the proposed lots.

 

                     3-4.                     That the site is physically suitable for the type and proposed density of development.  The proposed subdivision is in an established single-family residential neighborhood and would comply with zoning and general plan density requirements.  The site is therefore physically suitable for the type and the proposed density of development.  Additionally, utility connections are available to serve future development.

 

                     5.                     That the design of the subdivision or type of improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.  The design of the subdivision and the proposed improvements would not substantially injure fish or wildlife or their habitat, as the site is not located near any water bodies or sensitive habitat areas.  Additionally, the project would be required to minimize the transport and discharge of pollutants from the project site into local storm drain systems and water bodies by adhering to the San Mateo Countywide Stormwater Prevention Programs and General Construction and Site Supervision Guidelines throughout the duration of any subdivision improvements.

 

                     6.                     That the design of the subdivision or type of improvements is not likely to cause serious public health problems.  There is no evidence to suggest that the project would create a public health problem or cause substantial environmental damage.

 

                     7-8.                     That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public-at-large for access through or use of property within the proposed subdivision.  There are no existing or proposed access easements on the parcel.

 

                     9.                     That the discharge of waste from the proposed subdivision into an existing community sewer system would not result in violation of existing requirements prescribed by a State Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the State Water Code.  The Fair Oaks Sewer District has indicated that sewer capacity is available.

 

                     10.                     That, since the land is not subject to a Williamson Act Contract, the finding regarding Williamson Act Contract compliance related to sustaining agricultural use is not applicable.

                     11.                     That, since the land is not located in a very high fire hazard severity zone or state responsibility area, as defined in Section 51177 of the California Government Code, the project is not subject to the fire safety provisions of Section 7013.3.c.(11) (a-c) of the County Subdivision Regulations.

 

                     12.                     That, since the proposed subdivision does not include land designated in the County General Plan/NFO Community Plan as open space and is not located in a state responsibility area or a very high fire hazard severity zone, the finding regarding consistency with open space purposes and the requirement for a recorded restriction prohibiting the development of a habitable, industrial or commercial building or structure is not applicable.

 

                     13.                     That pursuant to Section 7005 of the Subdivision Regulations, in carrying out the provisions of the Subdivision Regulations, the County has considered the effect of actions taken pursuant to these regulations on the housing needs of the region and the housing needs of the County as expressed in the Housing Chapter of the County’s General Plan and has balanced these needs against the public service needs of residents.  The proposed subdivision will support an increase in housing supply in the North Fair Oaks area with minimal impact to services, infrastructure or the community.

 

                     In-Lieu Park Fees

 

                                          Section 7055.3 (Fees In-Lieu of Land Dedication) of the County Subdivision Regulations requires that, as a condition of approval of the tentative map, the subdivider pay an in-lieu fee prior to recordation of the Final Parcel Map.  This fee is for acquisition, development or rehabilitation of County parks 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 fee for this subdivision is $1,327.50; however, fees are based on the current land value provided by the County Assessor’s Office at the time of payment and are subject to change.  A worksheet showing the prescribed calculation is shown in Attachment K.

 

                     5.                     Compliance with the Grading Ordinance

 

                     The project proposes 470 cubic yards of grading (i.e., excavation) to accommodate a new subgrade basement for the proposed development on Parcel A.  The following findings must be made pursuant to Section 9290 of the San Mateo County Grading Ordinance:

 

                     a.                     The granting of the permit will not have a significant adverse effect on the environment.

 

                                          An Initial Study and Mitigated Negative Declaration (MND) have been prepared for the project.  Staff has concluded that the project, with the recommended mitigation measures, will not have a significant adverse impact on the environment.  All mitigation measures from the MND are included as recommended conditions of approval.  In addition, the County’s Geotechnical Section, Department of Public Works, and Drainage Review Section have reviewed and approved the project with conditions.

 

                     b.                     The project conforms to the criteria of Chapter 8, Division VII, of the San Mateo County Ordinance Code, including the standards referenced in Section 9296.

 

                                          The project will conform to standards in the Grading Ordinance, including those relative to an erosion and sediment control plan, dust control plan, fire safety, and the timing of grading activity.  The project plans have been reviewed and recommended for approval by the Geotechnical Section, the Department of Public Works, and Drainage Review Section.

 

                     c.                     The project is consistent with the General Plan.

 

                                          The project has been reviewed against the applicable policies of the San Mateo County General Plan and found to be consistent with its goals and objectives.  See Section A.1 of this report for a detailed discussion regarding the project’s compliance with the applicable General Plan Policies.

 

                     6.                     Tree Removal and Replacement

 

Section 12,2012 of the County Significant Tree Ordinance define a “Significant Tree” as a live woody plant rising above the ground with a single stem or trunk of a circumference of 38 inches or more (or 12 inches in diameter) measured at 4 1/2 feet vertical above ground.  All significant trees require a permit for removal.

 

The project includes the removal of 12 trees, including four significant trees consisting of one Walnut tree (12 inches dbh), two American elm trees (12 inches and 25 inches dbh), and one Mexican fan palm tree (26 inches dbh) located throughout the property, primarily on proposed Parcel A.  The proposed tree removals are requested due to interference with proposed residential development on proposed Parcel A and/or poor health as described in an arborist report prepared by Kevin Kielty, dated February 21, 2019.  Replacement trees would be required to mitigate the loss of significant trees at a 1:1 ratio, minimum 24-inch box size, see Section B for further discussion.  Additionally, as required under the County’s Significant Tree Ordinance, a tree protection pre-site inspection will be required to ensure that all trees to remain are adequately protected prior to the start of any grading and/or construction activity.

 

B.                     NORTH FAIR OAKS COMMUNITY COUNCIL

 

                     The North Fair Oaks Community Council considered the project at their April 28, 2022 meeting.  At the meeting, two members of the public raised concern over the project verbally and/or in writing to the Council (see Attachment M).  Concerns included cumulative impacts to the neighborhood regarding traffic, tree removal, and construction.  The Council considered the project and public comments and recommended approval (4-0-2) with the request for replacement trees to be of 24-inch box size, as opposed to the 15-gallon size recommended in Mitigation Measure 2 of the Mitigated Negative Declaration.  The Council feels the increased replacement tree sizing will help to more quickly fill the void of the mature tree canopy being lost as a result of the project.

 

                     Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15073.5(c)(1) and Section 15074.1, the replacement tree size recommended by the Council (24-inch box size) is equivalent or more effective in mitigating or avoiding the potential significant effects of the proposed tree removal and will in itself not cause any potential significant effect on the environment.  A public hearing is required for consideration of the project and a written finding for this substitute mitigation is recommended for adoption in Attachment A to satisfy CEQA Guidelines Section 15074.1(b); therefore, recirculation of the proposed Mitigated Negative Declaration is not required to revise Mitigation Measure 2 to reflect a 24-inch box size for replacement trees.

 

C.                     ENVIRONMENTAL REVIEW

 

                     An Initial Study and Mitigated Negative Declaration were prepared and circulated for the project.  The public comment period commenced on March 14, 2022 and ended on April 4, 2022.  No comments were received during the 20-day public comment period.

 

                     Pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15073.5(c)(4), minor modifications to the circulated IS/MND have been made to correct a technical inaccuracy of the referenced General Plan land use designation cited as “Medium Density Residential” to “Single-family Residential”.  The correction does not result in any new, avoidable significant effects or new or revised mitigation measures.  Therefore, recirculation of the IS/MND is not required.

 

                     Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15073.5(c)(1) and Section 15074.1, a substitute tree size as requested by the North Fair Oaks Community Council, see Section B of the staff report, is equivalent or more effective in mitigating or avoiding the potential significant effects of the proposed tree removal and will in itself not cause any potentially significant effect on the environment.  A public hearing is required for consideration of the project and a written finding for this substitute mitigation is recommended for adoption in Attachment A to satisfy CEQA Guidelines Section 15074.1(b); therefore, recirculation of the proposed Mitigated Negative Declaration is not required.  These minor modifications are shown in the final draft IS/MND, included as Attachment L, as strikethrough and underline edits.  Mitigation Measures have been included as conditions of approval in Attachment A.  The final draft IS/MND is included as Attachment L.

 

D.                     REVIEWING AGENCIES

 

                     County Building Inspection Section

                     County Drainage Review Section

                     County Geotechnical Section

                     County Department of Public Works

                     Menlo Park Fire Protection District

                     Fair Oaks Sewer District

                     California Water Service - Bear Gulch

                     San Mateo Local Agency Formation Commission

 

The Resolutions and Ordinance have been reviewed and approved by County Counsel as to form.

 

FISCAL IMPACT:

No fiscal impact

 

ATTACHMENTS:

A.                     Recommended Actions, Findings and Conditions of Approval

B.                     Proposed Resolution for the Initial Study and Mitigated Negative Declaration

C.                     Proposed Resolution for the General Plan Land Use Map Amendment

D.                     Proposed Ordinance for the Zoning Map Amendment

E.                     Vicinity Map

F.                     Zoning Map

G.                     General Plan Map

H.                     Proposed Tentative Parcel Map

I.                     Grading Plans

J.                     Arborist Report

K.                     In-lieu Park Fee Worksheet

L.                     Initial Study/Mitigated Negative Declaration

M.                     Written public comment to the North Fair Oaks Community Council

 

 

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