PLANNING COMMISSION CITY OF HALF MOON BAY AGENDA...STAFF REPORT 390 Myrtle Street ATTACHMENT 1 Resolution. Findings & Conditions ATTACHMENT 2 Plans ATTACHMENT 3 Geotechnical Study

Emergency Operations Center (EOC)537 Kelly AvenueHalf Moon Bay, California 94019

Rick Hernandez, ChairBrian Holt, Vice ChairJohn Evans, Planning CommissionerJames Benjamin, Planning CommissionerLes Deman, Planning Commissioner

AGENDA

CITY OF HALF MOON BAYPLANNING COMMISSION

TUESDAY, APRIL 10, 2018

7:00 PM

This agenda contains a brief description of each item to be considered. Those wishing to address thePlanning Commission on any matter not listed on the Agenda, but within the jurisdiction of the PlanningCommission to resolve, may come forward to the podium during the Public Forum portion of the Agendaand will have a maximum of three minutes to discuss their item. Those wishing to speak on an agenda itemare asked to fill out a speaker card. Speaker(s) will be called forward at the appropriate time during theagenda item in consideration.

Please Note: Please Provide a Copy of Prepared Presentations to the Clerk

Copies of written documentation relating to each item of business on the Agenda are on file in theOffice of the City Clerk at City Hall and the Half Moon Bay Library where they are available for publicinspection. If requested, the agenda shall be available in appropriate alternative formats to persons with adisability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132.)Information may be obtained by calling 650-726-8271.

In compliance with the Americans with Disabilities Act, special assistance for participation in thismeeting can be obtained by contacting the City Clerk’s Office at 650-726-8271. A 48-hour notification willenable the City to make reasonable accommodations to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).

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MEETING WILL CONCLUDE BY 10:30 PM UNLESS OTHERWISE EXTENDED BY SIMPLE MAJORITY VOTE OF THEPLANNING COMMISSION.

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http://hmbcity.com/

PLEDGE OF ALLEGIANCE AND ROLL CALL

APPROVAL OF MINUTES

MINUTES 3.27.18PC MINUTES 3.27.18

PUBLIC COMMENT

1. PUBLIC HEARING ITEMS

1.A 390 Myrtle Street PDP-18-001 - Coastal Development Permit, Architectural Review, StreetFacing Side Yard Setback Variance and Front Yard Setback Variance and Parking ExceptionSTAFF REPORT 390 Myrtle Street

ATTACHMENT 1 Resolution. Findings & Conditions

ATTACHMENT 2 Plans

ATTACHMENT 3 Geotechnical Study

ATTACHMENT 4 Variance Exception Findings 02-06-18

1.B 300 Main Street PDP-17-039 - Coastal Development Permit, Use Permit, ArchitecturalReview and Parking ExceptionSTAFF REPORT 300 Main Street

ATTACHMENT 1 Resolution Findings & Conditions

ATTACHMENT 2 Plans

ATTACHMENT 3 Findings from Applicant

DIRECTOR'S REPORT

PLANNING COMMISSION COMMUNICATIONS

ADJOURNMENT

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/172257/Draft_Minutes_PC_3.27.18.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/172294/Planning_Commission_Staff_Report_390_Myrtle_Street.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/172295/Planning_Commission_Resolution_390_Myrtle_Street_PDP-18-001.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/172296/Attachment_2_Plans.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/172297/Attachment_3_Geotechnical_Study.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/172298/Attachment_4_Variance_Exception_Findings_02-06-18.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/172316/Planning_Commission_Staff_Report_300_Main_Street.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/172317/Attachment_1_Planning_Commission_Resolution_300_Main_Street.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/172318/Attachment_2_Plans.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/172319/ATTACHMENT_3_Findings_from_Applicant.pdf

MINUTES

CITY OF HALF MOON BAY PLANNING COMMISSION

TUESDAY, MARCH 27, 2018

EMERGENCY OPERATIONS CENTER (EOC) / 537 KELLY AVENUE Chair Hernandez called the meeting to order at 7:02 p.m. PRESENT: Chair Hernandez, Vice Chair Holt, Commissioners Benjamin, Deman, and Evans

PLEDGE OF ALLEGIANCE AND ROLL CALL Chair Hernandez led the Pledge of Allegiance.

APPROVAL OF MINUTES Minutes of December 12, 2017, February 13, 2018 and March 13, 2018

December 12, 2017

M/S: Hernandez/Benjamin

Abstain: Deman, Evans

Motion Carried: 3-0

February 13, 2018

M/S: Hernandez/Deman

Abstain: Benjamin, Evans

Motion carried: 3-0

March 13, 2018

M/S: Benjamin/Evans

Abstain: Holt

Motion carried: 4-0

PUBLIC COMMENT 1. Karen Perry, resident, concerned about proposed Dunes Hotel and RV park.

Would like to see biologist’s comments on the reports, concerns regarding habitat not valued for eucalyptus and raptors.

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March 27, 2018 Planning Commission Minutes Page 2 of 5

2. Allan Heirich, resident, has anyone approached POST about property acquisition? Understands it is PUD, what types of visitors will this project be serving?

ELECTION OF CHAIR AND VICE CHAIR Elect Commissioner Hernandez as Chair for 2018. M/S: Deman/Evans Motion carried: 5-0 Elect Commissioner Holt as Vice Chair for 2018. M/S: Benjamin/Evans Motion carried: 5-0

Public Comment

None

1. PUBLIC HEARING ITEMS 1.A: 2782 Pullman Avenue PDP-15-096 – (Continuance Item) Coastal Development Permit, Architectural Review, Side Yard Setback Variance, Rear Yard Setback Variance, Parking Exception, and Mitigated Negative Declaration

Clarifying Questions and Concerns:

• Confirmed that CRLF

• Is this project ESHA or not?

• Definition of riparian areas are considered sensitive habitat.

• Is the detention basin within 20-yard setback?

• Prefers clarity of condition 7, regarding cleaning out the ditch

• Are there fire hydrants? Will the Fire Dept. require one?

• Will sidewalks be developed for entire area, or just for this project space?

Public Comment None

Planning Commission Discussion and Suggestions:

• Considerations Included: o Concerns regarding ditch erosion o Pavers on the project may increase erosion o Include a condition, when cleaning the ditch o Ok to amend condition #7 regarding detention basin

Commissioner Benjamin made a motion to approve project as written in Staff Report with the following changes:

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Exhibit B – Conditions of Approval – Section A.7 – LANDSCAPE MAINTENANCE. The applicant/owner shall ensure that all landscaped

areas and/or fences are continuously maintained, and all plant material is maintained

free of refuse and weeds and in a healthy growing condition. The applicant/owner shall

ensure that Pullman Ditch is maintained and remains free of refuse obstructions,

consistent with any applicable permit requirements. (Planning)

Exhibit B – Conditions of Approval – Section B.2.c –

Added condition: c) Relocation of the detention basin outside of the 20-foot riparian

buffer shall be explored, to be reviewed and approved by the City Engineer.

M/S: Benjamin/Holt Motion carried: 5-0

2. PLANNING COMMISSION BUSINESS

2.A: SCOPING SESSION – HYATT HOTEL Presentation by CirclePoint, environmental consultant to the City followed by the

applicant.

Planning Commission Clarifying Questions and Comments - included the following topics:

• Future design development should be by architects and engineers.

• The site is a PUD and should be considered as a visual resource area.

• Concerns about agriculture across Highway 1, biological resources being a key issue and potential for one parameter wetlands

• Traffic concerns, regarding a conference center; is there a determinant for addressing traffic effect for this project?

• Chair Hernandez noted that he had had ex parte communications with the applicant.

Public Comment

1. Melanie Yates, the commenter referred to UN Agenda 21.13 and preplanned NGOs- collaborate with government agencies to set up a task force to address “fake, pre-determined outcomes.”

2. Dave Schorr, 501 C3 is being formed to educate citizens about the Hyatt and Surf Dunes Hotel Project. 100 ft. wetland buffer must be maintained. To consider modifications to the project, use baselines and investment backed expectations for smaller projects. Concerned the wetland site visits were May, June and not during the peak wet season when the land was continuously inundated. Story poles should be put up as soon as possible. The project should follow the CEQA checklists. Aesthetics of the project are a concern. Consider the following checklist items: 1 ACD, 2 A, 4 ACD, GHG 7 AB, 9CD, 10B, 13A, 15A, 16ABF.

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3. Harold Hermann, the cumulative impact needs to include Big Wave and development north of town. Pacific Ridge, Dunes/Surf Hotel, Best Western, 2nd Units, etc. The Connect the Coastside analysis is flawed and fails to address cumulative input. Additional traffic signals, slowing traffic a problem. Sanitary sewer overflows and how does the City intend to mitigate additional sewer overflow?

4. Gretel Merrill, beyond disappointed with the project on the table. Need to watch out for each other in this community. The City needs a park or recreation center, not another hotel. Hotel occupancy is 75% at best. Stop this project before it’s too late.

5. Edwin Ferran, appreciates the Planning Commission for their service to the community. Concerned about the community process and outreach in the Latino communities. 1990 Census states that 10% of Latinos, 20% in 2000, 2010 – now more than 30% is Latino. Feels the information of the projects in HMB are not accessible for the Latino population.

6. Tom Carey, feels this project is good inside/out. Likes the 2-building concept. Biggest issue is affordability. The Ritz is too expensive, and the other hotels are cheap, the town needs a nice, mid-ranged hotel like Hyatt, Hilton or Marriott. People will come and stay at hotels that offer reward perks.

7. Marcia Yeates, City infrastructure already having issues with getting sewage out. We don’t have the water, long term, for additional hotels. Traffic will be a problem with one way in and one way out of town. Where will the employees be coming from? There will only be 190 parking spaces for 150 rooms, but no parking for employees or multiple room guests. Need viable infrastructure.

8. Donald Sheardown, totally against the project. Pulling out on to highway will be incredibly difficult. There is low income housing near project, where children play near the street. Visitors won’t know to look out for children. Traffic already in gridlock, takes 45 minutes to get from proposed site to Miramar. This will be a major traffic hazard.

9. Larry Gandelman, lives 3 blocks from the proposed site. Interested in the aesthetics of Main Street. Believes Main Street needs this project, to continue to promote a vibrant downtown keeping merchants busy and in business. Weekends on the coast, traffic is terrible regardless to a new proposed hotel. Concerned for hotel noise. Otherwise in favor of a mid-ranged hotel.

Planning Commission Discussion, Suggestions, and items to be addressed:

• Site Plan and Architectural Design: o Aesthetics need to remain consistent with downtown Main Street o Favorable for the mechanism to include the trail on the property o Design should be more to scale of HMB, the City does not have large

buildings; it is an assemblage of little farm buildings o Should meet design standards o Concern the project may be dominated by parking; would not want the

Main Street gateway to be a parking lot.

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o Story poles would not be necessary this early into the project. o Project should not disturb the view of the ridgeline.

• Infrastructure: o Traffic impacts need to be taken into consideration, cyclists along Main

St. and Highway 1; Bike and Pedestrian committee should review the final plan

o How much water will this project require? o Concerns with increased sewage, issues regarding previous spills o Green features for site o Need broad cumulative perspective and long-term impact

• Other considerations included: o Neighborhood engagement, also with Latino communities o Parking availability for guests and staff o Public safety, neighboring local theatre o Economic effects including:

▪ Affordability ▪ How will this effect short term rentals? ▪ Hotel occupancy rate study ▪ Are 150 rooms necessary? ▪ Look to the Ritz to determine occupancy of conferences and use ▪ Alternative uses for the site

DIRECTOR REPORT PLANNING COMMISSION COMMUNICATIONS

Chair Hernandez reported out that the LCP Update Ad Hoc Subcommittee held their first meeting.

ADJOURNMENT

M/S: Deman/Benjamin Motion Carried: unanimously Meeting adjourned at 9:47 PM

Respectfully Submitted: Approved: ____________________________ _________________________________ Joe Butcher, Admin. Assistant Rick Hernandez, Chair

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BUSINESS OF THE PLANNING COMMISSION OF THE CITY OF HALF MOON BAY

AGENDA REPORT

For meeting of: April 10, 2018

TO: Honorable Chair and Planning Commissioners FROM: Jill Ekas, Director – Community Development

Scott Phillips, Associate Planner TITLE: 390 Myrtle Street- Coastal Development Permit, Architectural Review, Street

Facing Side Yard Setback Variance and Front Yard Setback Variance and Parking Exception File No. PDP-18-001

______________________________________________________________________________ RECOMMENDATION Adopt Resolution P-18-__ approving PDP-15-096 an application for a Coastal Development Permit, Architectural Review, Street Facing Side Yard Setback Variance, Front Yard Setback Variance and Parking Exception to allow the construction of a new 1,010 square-foot, single-family residence on a 2,714 square-foot site at 390 Myrtle Street, based upon the Findings and Evidence contained in Exhibit A of the Draft Resolution, and subject to the Conditions of Approval in Exhibit B. PROJECT BACKGROUND

Summary of Project

File Number PDP-18-001

Requested Permits/Approvals Coastal Development Permit, Architectural Review, Street Facing Side Yard Setback Variance, Front Yard Setback Variance and Parking Exception

Site Location 390 Myrtle Street/ APN: 064-062-630

Applicant/Property Owner Randy Ralston

Project Planner Scott Phillips, Associate Planner; (650)726-8299; [email protected]

Zoning District R-1-B-1 Single Family Residential Zoning District

LCP Land Use Plan Designation Residential Medium Density

Water Service One 5/8-inch, non-priority water connection currently assigned to the property

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mailto:[email protected]

Planning Commission PDP-18-001 Page 2 of 8 April 10, 2018

Sewer Service (Sewer Authority Mid-Coast)

Two benefit sewer units required

Street Improvements Curb, gutter and sidewalk is required along the frontage of both Second Avenue and Myrtle Street;

Environmental Determination Categorically Exempt pursuant to California Administrative Code Section 15303, New Construction or Conversion of Small Structures

Heritage Trees None

Story Poles Required

No Yes if in Visual Resource Area, or those cited in code

Yes Variance or Exception required?

No Located in a largely undeveloped area?

Right of Appeal Any aggrieved person may appeal the Planning Commission’s decision to the City Council within ten (10) working days of the decision.

The project not located within the Coastal Commission Appeals Jurisdiction; therefore, City action is final.

Figure 2. Site Photo with Story Poles

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Figure 2. Site Location in Green

Site

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Site and Surrounding Properties The project site is located on the corner of Second Avenue and Myrtle Street, within the Arleta Park neighborhood. The site is currently vacant, with some dilapidated fencing along the property lines. The site is zoned R-1-B-1 Single-Family Residential, a zoning designation that allows single-family residences. Land use and zoning for properties surrounding the subject site are as follows:

North Single-story Single-Family Residence

R-1 Single Family Residential District

South Single-story Single-Family Residence

R-1-B-1 Single Family Residential District

East Single-story Single-Family Residence


West Single-story Single-Family Residence


A key feature of the project site is the narrowness of the site (21 feet). The Chain of Title associated with the subject property in detail and demonstrated that the subject property is a legal lot. The site does not contain curb gutter and sidewalk. However, the neighboring property to the south contains concrete curb, gutter and sidewalk along the 2nd Avenue frontage that terminates at the subject property. Project Description The project consists of a new single-story residence with a floor area of 1,010 square feet. The proposed home contains two bedrooms, two bathrooms and a 56 square foot front porch that faces Myrtle Street. The proposed house is characterized by a series of front and rear facing gable roof elements. Several bay windows and shed dormers are sited along the Myrtle frontage. The proposed exterior materials include horizontal shingles siding, and composition shingles; color palette include grey siding, white trim and a red front door. A carport within the rear yard is also included in the project.

Project History On January 24, 2018 the Planning Commission held a study session to provide feedback on the proposed project design, requested variances and parking exception. The Planning Commission identified design concerns but was supportive of the concept of the project. The following changes were requested:

• Decrease building height to be more compatible with the surrounding neighborhood;

• Eliminate loft space due to Building Code concerns;

• Increase the size of the bay window to provide more functionality;

• Shift the building footprint north to conform to the conceptual front yard setback of the neighboring houses along Myrtle;

• Modify the parking area to include the required parking spaces entirely on the property and outside of the utility easement area.

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Since the study session meeting, revisions to the project have been submitted and additional materials in response to the concerns conveyed by the Planning Commission. The plans included with this staff report reflect the latest design. The changes that have been made include the removal of the loft area, reduction of overall height and a northward shift of the building footprint. The applicant is also suggesting the addition of a carport; however, staff does not support this part of the project as discussed further in the report. A grading, drainage and geotechnical study has also been submitted with the revised plans (Attachment #3).

Figure 2. Front of Proposed Residence

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ANALYSIS The key issues for this project are conformance with the General Plan/Local Coastal Land Use Plan, conformance with the Zoning Code/LCP Implementation Plan,1 and design compatibility with surrounding development.

Conformance with the General Plan/Local Coastal Program Land Use Plan And Zoning Code With the exception of the requested variances and parking exception, the proposed single-family residential use is a principally permitted use in the R-1-B-1 Single-Family Residential Zoning District. Table 1 below summarizes the zoning regulations as they relate to the proposed development. Table 1. Project Conformance with R-1-B-1 Zoning District Requirements for Severely Substandard Lots

Development Standards Zoning Requirements Proposed

Min. Site Area 6,000 sq. ft. 2,714 sq. ft. (existing)

Min. Average Site Width 60 ft. 21 ft. (existing)

Min. Front Setback 25 ft. 20 ft. (Variance Required)

Min. Interior Side Setback 3 ft. 3 ft.

Min. Street Facing Side Setback 10 ft. 4.5 ft. (Variance Required)

Min. Rear Setback 20 ft. 27 ft.

Max. Single-Story Height 20 ft. 17 ft. 1 inch

Max. Single-Story Lot Coverage 50% (1,357 sq. ft.) 39.2 % (1,066 sq. ft.)

Max. Floor Area Ratio 0.5:1 (1,357 sq. ft.) 0.37:1 (1,010 sq. ft.)

Min. Parking Spaces 2 garage spaces 2 uncovered spaces (Parking Exception Required)

Maximum Building Envelope Per Zoning Code Conforms

Variances Two variances have been requested, both related to encroachments into the required setbacks. The street facing side setback encroachment includes a five-foot encroachment of the building itself. As suggested by the Planning Commission during the study session, the bay window along the Second Avenue side has been extended 6-inches beyond the maximum allowed bay window encroachment. An additional bay window has also been

1 The Zoning Code is the LCP Implementation Plan.

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added to the master bedroom. The overall footprint has also been shifted northward 5 feet into the required 25-foot front yard setback to more closely follow the contextual front yard setback of the surrounding neighborhood. The required findings can be made for the requested setback variances because the narrowness of the lot is a special circumstance that is applicable to the property. A thorough review of the submitted Chain of Title was conducted. The conclusion of the review is that the subject property was legally subdivided and is considered a legal lot. The applicant has also submitted their interpretation of the findings and copy of their letter is included as Attachment #4. Parking Exception and Carport A parking exception was also requested to eliminate the required garage parking. Similar to the variance findings, the parking exception can be justified due to the narrowness and small size of the legal lot. As an afterthought, a carport was added to the project with the intent of partially satisfying the covered parking requirement. It appears that the carport would detract from the architectural style of the new home and would provide minimal benefit from the elements. Staff recommends not including this structure and a suggested condition of approval (Condition #B2a) eliminates the carport from the project. If the carport is retained, the lot coverage limit will be exceeded; and two additional variances will be required, one for the rear yard setback and another for lot coverage. Table 2 identifies key Zoning Code/LCP Implementation Plan issues and their applicability to the subject site. As indicated in the table, no policy conflict is anticipated from this project.

Table 2. Key Zoning Code/LCP Implementation Plan Issues

Issue Applicability/Explanation

Environmentally Sensitive Habitat Area No None within 100 feet of the site.

Visual Resource Area No Not located in a Visual Resource Area.

Obstruct Public Access No House will have no effect on coastal access.

Archaeologically Resource Area No Not in area of mapped or known resources.

Historic Resources No No historic resources exist on the site or surrounding area.

Design Compatibility The Single Family Residential Design Guidelines encourage flexibility in architectural design to reflect the community’s eclectic character and seek to achieve compatible design within existing neighborhoods. The current project proposes a neo-traditional design that is

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compatible with the existing pattern of development in the surrounding area in terms of building placement/orientation, massing, and materials and colors. The project proposes a single-story house that is located at the 20-foot front yard setback line and oriented to the street, consistent with the neighborhood pattern. The front of the residence contains a full length front porch facing Myrtle Street, consistent with recommendations of the Single Family Residential Design Guidelines. The proposed building is well-articulated on all sides and building materials and colors are consistent with the proposed architectural style, compatible with the surrounding area, and suitable to the coastal setting. Conclusion Based on the above analysis, staff concludes that the proposed residence is consistent with the General Plan/Local Coastal Land Use Plan, the Zoning Code/LCP Implementation Plan, and the Residential Design Guidelines; is compatible with surrounding development; and conforms to the requirements of the California Environmental Quality Act. Staff recommends approval of the project based on the findings and draft conditions of approval (Exhibits A and B of the attached Draft Resolution). ATTACHMENTS 1. Draft Resolution with Findings and Evidence, Exhibit A and Conditions of Approval,

Exhibit B. 2. Project Plans 3. Geotechnical Study 4. Variance Findings from the Applicant

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ATTACHMENT 1

PLANNING COMMISSION RESOLUTION P-18-__ RESOLUTION FOR APPROVAL

PDP-18-001

COASTAL DEVELOPMENT PERMIT, STREET FACING SIDE YARD SETBACK VARIANCE, FRONT YARD SETBACK VARIANCE, PARKING EXCEPTION, AND ARCHITECTURAL REVIEW TO ALLOW THE CONSTRUCTION OF A NEW 1,010 SQUARE FOOT SINGLE-STORY, SINGLE FAMILY RESIDENCE ON A 2,714 SQUARE-FOOT LOT AT 390 MYRTLE STREET IN THE R-1-B-1, SINGLE FAMILY RESIDENTIAL ZONING DISTRICT AND THE RESIDENTIAL-MEDIUM DENSITY GENERAL PLAN DESIGNATION (APN 064-062-630)

WHEREAS, an application was submitted requesting approval of Coastal Development Permit, Street Facing Side Yard Setback Variance, Front Yard Setback Variance, Parking Exception and Architectural Review to allow the construction of a new 1,010 square-foot single-story, single-family residence on a 2,714 square-foot lot at 390 Myrtle Street in the R-1-B-1, Single Family Residential Zoning District and the Residential Medium Density General Plan designation (APN 064-062-630); and

WHEREAS, the procedures for processing the application have been followed as required by law; and

WHEREAS, the Planning Commission conducted a duly noticed public hearing on April 10,

2018, at which time all those desiring to be heard on the matter were given an opportunity to be heard; and

WHEREAS, the Planning Commission considered all written and oral testimony presented

for consideration; and WHEREAS, the Planning Commission has determined that the construction of the single-

family residence is exempt from CEQA pursuant to California Code of Regulations Section 15301(e) which exempts the construction of one single-family residence; and

WHEREAS, the Planning Commission has made the required findings for approval of the

project, including the findings for the requested Street Side and Front Yard Setback Variances and Parking Exception set forth in Exhibit B to this resolution;

NOW, THEREFORE, BE IT RESOLVED that, based upon the Findings in Exhibit A and subject

to the Conditions of Approval contained in Exhibit B, the Planning Commission approves PDP-18-001.

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Page 2 of 18

Resolution P-18-__

PASSED AND ADOPTED by the City of Half Moon Bay Planning Commission at a duly noticed public hearing held April 10, 2018.

AYES, NOES, ABSENT, ABSTAIN, APPROVED: ______________________________ __________________________________ Rick Hernandez, Chair Jill Ekas, Director -Community Development

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Page 3 of 18

Resolution P-18-__

EXHIBIT A FINDINGS AND EVIDENCE

Planning Commission Resolution P-18-__ PDP-18-001

Coastal Development Permit – Findings for Approval The required Coastal Development Permit for this project may be approved or conditionally approved only after the approving authority has made the following findings per Municipal Code Section 18.20.070: 1. Local Coastal Program – The development as proposed or as modified by conditions, conforms

to the Local Coastal Program.

Evidence: The project consists of construction of a new single-family residence on an infill site in an existing neighborhood where public services and infrastructure are available. The project conforms to all City requirements, will not impact coastal resources and is consistent with the policies of the City’s Land Use Plan (LUP). Coastal Act 30240(b) and Policy 3-3 (b): Development in areas adjacent to environmentally sensitive habitat areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas. Compliance: The subject site is not adjacent to a mapped environmentally sensitive habitat area.

Policy 7-1: The City will establish regulations to protect the scenic corridor of Highway 1, including setbacks for new development, screening of commercial parking and landscaping associated with new development. The minimum standards shall include all areas within 200 yards of State Highway 1 which are visible from the road.

Compliance: The subject site is not located within 200 yards of State Highway 1 and

Highway 1 is not designated a Scenic Highway within the City limits of Half Moon Bay.

Policy 7-5: All new development, including additions and remodeling, shall be subject to design review.

Compliance: The proposed residence and site improvements have been subject to design review by the Planning Commission. As shown in the evidence provided for Architectural Site and Design Review findings below, the project is in compliance with the applicable Design Review findings.

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Page 4 of 18

Resolution P-18-__

Policy 7-11: New development along primary access routes from Highway 1 to the beach, as

designated on the Land Use Map, shall be designed and sited so as to maintain and enhance the scenic quality of such routes, including building setbacks, maintenance of low height of structures, and landscaping which establishes a scenic gateway and corridor.

Compliance: The proposed single-family residence is not located along a primary access

route from Highway 1 and will not affect coastal access.

Coastal Act 30244: Where development would adversely impact archaeological or

paleontological resources as identified by the State Historic Preservation Officer,

reasonable mitigation measures shall be required.

Compliance: The proposed single-family residence is not located at or near identified

archaeological or paleontological resources. If cultural resources or paleontological

resources are unexpectedly encountered during subsurface excavation, the permit has been

conditioned to require that construction halt until the find can be evaluated and appropriate

mitigation identified.

2. Growth Management System – The development is consistent with the annual population limitation system established in the Land Use Plan and Zoning Ordinance.

Evidence: The proposed site has been granted a valid Measure D Certificate for

construction of one single-family residence; therefore, the project conforms to the

requirements of the City’s growth management system.

3. Zoning Provisions – The development is consistent with the use limitations and property

development standards of the base district as well as the other requirements of the Zoning Ordinance.

Evidence: The proposed residence conforms to most but not all of the requirements of the R-1-B-1, Single Family Residential Zoning District. With the exception of the street side and front setback and garage parking, the proposed setbacks, lot coverage, and height meet the requirements of the R-1-B-1, Single Family Zoning District and other relevant provisions of the Zoning Code. Additionally, the findings noted in #1 further substantiate the consistency with the requirements of the Zoning Ordinance.

4. Adequate Services – The proposed development will be provided with adequate services and

infrastructure in a manner that is consistent with the Local Coastal Program.

Evidence: The site is located in an existing developed neighborhood where utilities and services are available.

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Page 5 of 18

Resolution P-18-__

5. California Coastal Act – Any development to be located between the sea and the first public road parallel to the sea conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act.

Evidence: The proposed project is not located between the sea and the first public road

parallel to the sea. The proposal is to construct a new single-family home and associated improvements on a vacant lot within an existing developed neighborhood. Therefore, the project would not restrict public access or recreation opportunities. Adequate public access to the Coastal Trail and coast is available to the west of the Arleta Park neighborhood. Therefore, sufficient access to coastal resources from the subject property and surrounding area is available as required by Chapter 18.40 of the Zoning Ordinance.

Setback Variances – Findings Variances for a reduced street side yard setback and reduced front yard setback have been requested, to allow the proposed home to encroach 5 feet into the required 10-foot street side yard setback, with a 6 inch increased bay window encroachment and 5 feet into the required 25 foot front yard setback of the subject property. In order to approve a variance for a reduced setback, the Planning Commission must make specific findings for a Variance (pursuant to Municipal Code Section 18.23.040(B)): 1. That there are exceptional or extraordinary circumstances or conditions applying to the land,

building or use referred to in the application which circumstances or conditions do not apply generally to the land, buildings and/or uses in the same district; Evidence: The lot itself is 21 feet wide by 130 feet long. A thorough review of the submitted Chain of Title was conducted and the conclusion of which was that the lot was legally created in compliance with the Subdivision Map Act. The narrowness of the lot is a special circumstance that is applicable to the subject property, that does not necessarily apply to other properties within the vicinity.

2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner; and

Evidence: As mentioned in the analysis, the subject property was legally created in compliance with the Subdivision Map Act and prior to the California Coastal Act becoming effective. The requested encroachments are necessary for the preservation and enjoyment of substantial property rights because without the requested encroachments, an insufficient width of the lot (approximately 8 feet) would be allowed for development of the single-family home.

3. That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the

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Resolution P-18-__

particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood. Evidence: The subject property is within an existing residential neighborhood where all public services and infrastructure are available. The development of one single family residence on the subject property is identified as an allowed use within the R-1-B-1, Single Family Residential Zoning District. The granting of the requested variances would not be materially detrimental to the public welfare or injurious to property or improvements in the surrounding neighborhood because similar setback configurations are permissible and have been approved for new homes constructed on similarly constrained lots within the Arleta Park neighborhood. It is also of note that the proposed residence, with an FAR of 0.37, and total floor area of 1,010 square feet is relatively modest in size and does not represent a request that is excessive for a single-family residence.

Parking Exception – Findings The applicant is also requesting a Parking Exception to reduce the required two garage vehicle parking spaces in order to allow for a one car garage. In order to approve a Parking Exception for elimination of covered parking requirements, the Planning Commission must make specific findings for a Parking Exception (pursuant to Municipal Code Section 18.36.080). 1. That there are exceptional or extraordinary circumstances or conditions applying to the land,

building or use referred to in the application which circumstances or conditions do not apply generally to the land, buildings and/or uses in the same district;

Evidence: The basis for this finding is substantially similar to the findings described for the setback variances, in that the lot width of 21 feet and size of 2,714 square feet have a significant bearing on the subject property. The physical dimension of the building footprint is substantially constrained due to the narrowness of the lot. The remaining portion of the buildable width of the lot is less than 10 feet, which is insufficient for a two-car garage. The lot width and size are special circumstances or conditions applying to the land that limits development from complying with the off-street garage parking requirement.

2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner; Evidence: The granting of the requested Parking Exception to eliminate the garage parking enclosure requirement is necessary because without the requested parking exception, the development potential of the modestly sized home (1,010 square feet of living space) on a 2,714 square foot lot would be severely compromised because two-car garage on the site would dominate the site. Therefore, the requested Parking Exception is necessary in order to develop a functional home on the site that is compatible with the surrounding neighborhood.

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3. That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.

Evidence: The granting of the requested Parking Exception for no garage parking spaces would not be materially detrimental to the general public or to property or improvements in the surrounding neighborhood because two uncovered parking spaces are still provided with the project. The off-street parking that is included in the rear yard would provide sufficient off-street parking for the proposed residence.

4. That the establishment, maintenance and/or conducting of the off-street parking facilities as proposed are as nearly in conformance with the requirements of the Half Moon Bay Zoning Code as are reasonably possible.

Evidence: As mentioned in the Planning Commission Evidence for Finding #3, two uncovered off-street parking spaces are included with the project. Given that the subject property is a legal lot, the elimination of the garage enclosure for the two off-street parking spaces is as nearly in conformance with the parking requirement as reasonably possible.

Architectural Site and Design Review – Findings The required Architectural and/or Site and Design Review for this project may be approved or conditionally approved only after the approving authority has made the findings per Municipal Code Section 14.37.040. In making these findings, the Planning Commission has considered the design approval criteria set forth in Municipal Code Section 14.37.035. 1. That such buildings, structures, planting, paving and other improvements shall be so designed

and constructed that they will not be of unsightly or obnoxious appearance to the extent that they will hinder the orderly and harmonious development of the city;

Evidence: Zoning Code Section 18.06.010 states that the intent of the residential chapter is to establish residential districts and guide the orderly development within each district. It further states that the residential district regulations are intended to ensure provision of adequate light, air, privacy and open space for each dwelling by establishing reasonable development standards for the mass, scale and location on a building site for all new residential construction and to achieve a high standard of site and building design and design compatibility with surrounding neighborhoods. Except for the requested variances, the proposed improvements have been designed in conformance with the requirements of the R-1-B-1 Single-Family Residential Zoning District. The project is also in substantial conformance with the Single-Family Residential Design Guidelines, the objectives of which include ensuring compatible design within existing neighborhood contexts.

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2. That such buildings, structures, planting, paving and other improvements will not impair the desirability or opportunity to attain the optimum use and the value of the land and the improvements, or otherwise impair the desirability of living or working conditions in the same or adjacent areas; and Evidence: The project includes several site improvements that would serve to improve the desirability of the living and working conditions on the site and surrounding area. Included with the project is the construction of a new curb, gutter and sidewalk along both frontages. A conceptual landscape plan was integrated into the plan set, that shows a diverse plant palette. The pedestrian improvements and extensive landscaping will greatly improve the optimum use of the property and surrounding neighborhood.

3. The project has been designed in conformance and consistency with the Single-Family Residential Design Guidelines (where applicable). Evidence: The Single Family Residential Design Guidelines (RDG) encourage flexibility in architectural design to reflect the community’s eclectic character and seek to achieve compatible design within existing neighborhoods. The current project proposes a neo-traditional design that is compatible with the existing pattern of development in the surrounding area in terms of building placement/orientation, massing, and materials and colors. The surrounding neighborhood can be characterized as having an eclectic mixture of architectural styles and features. This project in particular involves the construction of a new single-story Craftsman inspired style home. The materials and colors of the proposed home have been selected to enhance the aesthetics of the Craftsman inspired architectural style. For example, a variety of high quality exterior materials have been selected, including vertical siding along the second story, lap siding for the first story, wood trim, and double hung windows throughout the exterior of the proposed home. In conclusion, the proposed home is well designed, compatible with the residences within the surrounding area and in compliance with the Single Family Residential Design Guidelines.

Environmental Review – Finding CEQA – The project will not have a significant effect on the environment.

Evidence: Categorically Exempt pursuant to California Administrative Code Section 15303, New Construction or Conversion of Small Structures

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EXHIBIT B CONDITIONS OF APPROVAL

Planning Commission Resolution P-18-__ PDP-18-001

A. The following Conditions shall apply to the subject site:

1. CONFORMANCE WITH APPROVED PLANS. Development of the site shall conform to the

approved plans entitled New Residence at 390 Myrtle Street with a City date stamps of

March 20, 2018 and April 5, 2018, except for any revisions required by this permit. The

Community Development Director shall review and may approve any deviation from the

approved plans that is determined minor in nature. Any other change shall require the

submittal of a major modification application and fees and shall be subject to a public

hearing as required by Title 18. (Planning)

2. CONFORMANCE WITH CONDITIONS OF APPROVAL. The permittee shall construct and

operate this Project in full conformance with these Conditions of Approval. Any revision of

the Conditions of Approval shall require submittal of a major modification subject to a

public hearing as required by Title 18. (Planning)

3. CONFORMANCE WITH THE MUNICIPAL CODE. No part of this approval shall be construed

to permit a violation of any part of the Half Moon Bay Municipal Code. (Planning)

4. LIGHTING. All exterior lighting shall be fully shielded so that no light source is visible from

outside the property, except as otherwise expressly approved. To ensure compliance with

this condition, specifications, including photometric performance, for all exterior light

fixtures shall be submitted with plans for the Building Permit. (Planning)

5. SIDEWALK MAINTANENCE AND LIABILITY. It shall be the duty of the Property Owner(s)

whose property is adjacent to any portion of a public street or place to maintain any

sidewalks along the project frontage in a safe and non-dangerous condition. Sidewalk

maintenance shall include removal and replacement of concrete to eliminate tripping

hazards; and pruning and trimming of trees, shrubs, ground cover and other landscaping

within the public right-of-way. The Property Owner has the primary and exclusive duty to

fund and perform such maintenance and repair, whether or not the City has notified the

property owner of the need for such maintenance or repairs or has performed similar

maintenance or repairs in the past, pursuant to §12.18.020 and §12.18.030 of the Half

Moon Bay Municipal Code. (Engineering)

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6. LANDSCAPE MAINTENANCE. The applicant/owner shall ensure that all landscaped areas

and/or fences are continuously maintained, and all plant material is maintained free of

refuse and weeds and in a healthy growing condition. (Planning)

B. The following Conditions shall be fulfilled prior to the issuance of building

permits:

1. SIGNED CONDITIONS OF APPROVAL. The applicant/owner shall submit a signed copy of the

conditions of approval to the Planning Division prior to issuance of a building permit.

(Planning)

2. REQUIRED PLAN REVISIONS. Prior to issuance of building permits, the applicant shall submit

revised plans providing the following:

a) The detached carport shown on the plans is not approved. Plans submitted

with the building permit application shall be modified to remove the carport.

3. VALID MEASURE D CERTIFICATE. No building permit shall be issued unless the Measure D

Certificate issued for the property has not expired and remains valid to the satisfaction of the

Community Development Director. (Planning)

4. CONSTRUCTION PLANS. File Number PDP-18-001 and the Conditions of Approval for this

project shall be provided on the cover page of the building permit application plan submittal.

All plans, specifications, engineering calculations, diagrams, reports, and other data for

construction of the building and required improvements shall be submitted with the

appropriate permit application to the City’s Building and Engineering Divisions for review and

approval. Computations and back-up data will be considered a part of the required plans.

Structural calculations and engineering calculations shall be prepared, wet-stamped and

signed by an engineer or architect licensed by the State of California. The plans must show

the location of the sewer connection, and a property line sewer cleanout must be installed

prior to Building Permit approval. (Planning)

5. WATER CONSERVATION IN LANDSCAPING. If the project includes 500 square feet or more of

irrigated landscaping (new or rehabilitated) the permittee shall submit landscape and

irrigation plans and an Outdoor Water Efficiency Checklist that demonstrate compliance with

the City’s Water Conservation in Landscaping Ordinance (Chapter 13.04 of the Municipal

Code) prior to issuance of building permits to the satisfaction of the Community Development

Director. (Planning)

6. SURVEY REQUIRED. Submit a detailed topographic/site boundary survey certified by a

licensed surveyor with building application plans. The survey shall include a baseline

elevation datum point on, or close to the construction site, indicating existing grade of the

datum. This datum point shall be permanent, marked, shall remain fixed in the field, and

shall not be disturbed throughout the building process. Examples of datum points include:

fire hydrants, manhole covers, survey markers, and street curbs. This datum point shall be 25

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shown on all site plans including revised/resubmitted plans. The survey must show the

footprint and roof plan of the proposed residence and identify the existing grade elevations

at the corners and roof ridgeline of the residence. (Building)

7. EVIDENCE OF WATER CONNECTION CAPACITY. Prior to the issuance of building permits, the

permittee shall submit a letter from Coastside County Water District certifying that the

subject site has an adequately-sized water connection for this approved project. (Building)

8. EVIDENCE OF SEWER CONNECTION CAPACITY. Prior to the issuance of building permits, the

permittee shall demonstrate issuance of a sewer permit for the sewer lateral from the

Granada Community Services District. (Building/Granada Community Services District)

9. CONSTRUCTION PLANS. Construction plans submitted for building permit(s) shall include a plan sheet showing utility connections, trench restoration details, driveway apron (driveway apron width, spacing between driveways, slopes, etc.), and other improvements in the public right-of-way meeting City standards. (Engineering)

10. LOT GRADING, MATERIALS, EQUIPMENT AND VEHICLE STORAGE. No lot site grading,

preparation, storage, or placement of construction materials, equipment, or vehicles shall

take place prior to issuance of a building permit. Any earth movement on or off the site in

excess of 50 cubic yards shall require the submittal of a grading plan for review by the City

Engineer and issuance of a grading permit. Lot Grading includes, but is not limited to, any

leveling, scraping, clearing, or removal of lot surface area. Materials, Equipment, and Vehicles

include, but are not limited to:

1. All masonry, wood, and steel construction materials;

2. All construction-related equipment and storage containers; and

3. All construction-related vehicles, including temporary trailers. (Engineering)

11. STREET FRONTAGE IMPROVEMENTS. Construction plans submitted for building permits shall

include design plans for construction of street improvements across the project frontage on

Myrtle Street and Second Avenue in conformance with City Design Standards for approval by

the City Engineer. The frontage improvements shall include the following:

a) Construction of curb, gutter and sidewalk along both street frontages;

b) Driveway apron;

c) Pedestrian curb cut for accessibility.

All improvements shall comply with ADA accessibility standards and with the line of sight

requirements of Half Moon Bay Zoning Code Section 18.06.040(B). Construction of all

approved improvements shall be completed before the City issues a certificate of occupancy.

(Engineering)

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12. LOT DRAINAGE PLAN AND ON-SITE DETENTION Construction plans submitted for building

permits shall include a Lot Drainage Plan showing how the surface runoff is retained on the

site and the remainder is drained to the public right-of-way. Plans shall include design details

and supporting calculations for storm water detention on-site for the additional run-off from

a ten year frequency storm of two hour duration. Plans shall show how the rear and side

yards will properly drain to an approved BMP facility, and how the finished grades on the

property relate to the existing grades on adjacent property. The Plan shall include pad

elevation, finished floor elevation, site high and low points, drainage swales, area drains, and

existing grade at adjacent property. The permittee shall provide appropriate measures to

discharge the flood waters from any unfinished floor areas. (Engineering)

13. STORMWATER MANAGEMENT-TREATMENT (FOR NON-REGULATED PROJECTS). Non-

regulated projects consist of single-family residences and other small projects that create

and/or replace less than 5,000 square feet of impervious surface. Construction plans

submitted for building permits shall include a storm water management-treatment plan

showing implementation of at least one of the six Low Impact Development (LID) measures

listed below:

a. Direct runoff into cisterns or rain barrels and use rainwater for irrigation or other non-

potable use;

b. Direct roof runoff into vegetated areas;

c. Direct runoff from sidewalks, walkways, and/or patios into vegetated areas;

d. Direct runoff from driveways and /or uncovered parking lots into vegetated areas;

e. Construct sidewalks, walkways, and/or patios with permeable surfaces; or

f. Construct bike lanes, driveways, and/or uncovered parking lots with permeable

surfaces. (Engineering)

Permittee shall also submit the ‘stormwater checklist for small projects’ with the building

plan submittal.

14. COPPER BUILDING ELEMENTS. The building plans shall specify that all copper building

elements will be pre-patinated at the factory, or if patination will occur on the site, the plans

shall identify best management practices in conformance with the San Mateo Countywide

Water Pollution Prevention Program Requirements for Architectural Copper, to the

satisfaction of the City Engineer. (Engineering)

15. EROSION AND SEDIMENT CONTROL. An erosion and sediment control plan shall be submitted

that shows effective Best Management Practices (BMP) and erosion and sediment control

measures for the site. Construction plans shall also include the “construction best

management practices” plan sheet. (Engineering) 27

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16. UNDERGROUND UTILITIES/SERVICES. Electric, telecommunication, and cable and utility

service to the property shall be through underground service connections only. No overhead

utilities are allowed. (Engineering)

17. STREET/PUBLIC RIGHT-OF-WAY CUTS FOR UTILITY CONNECTIONS. Street cuts for utility

connections that are less than twenty (20) feet apart shall be repaired with a single patch.

Asphalt repair and overlay shall be in accordance with the City Standard Details.

(Engineering)

18. SEWER CONNECTION. Per comments from Granada Community Services District, issuance of

a Sewer Mainline Extension Permit and Sewer Lateral Connection Permit is required. Work

associated with the two sewer permits is required to be completed. (Engineering)

19. FIRE CLEARANCE REQUIREMENTS. The permittee shall comply with all applicable fire and

building codes and standards relating to fire and panic safety as identified by the Coastside

Fire Protection District during the building permit process. (Fire)

20. FIRE SPRINKLERS AND FIRE DISTRICT REQUIREMENTS. Pursuant to Fire District ordinance, the

permittee shall install an automatic fire sprinkler system throughout the proposed or

improved dwelling. All areas that are accessible for storage purposes shall be equipped with

fire sprinklers. The plans for this system must be submitted to the City of Half Moon Bay

Building Division to the satisfaction of the Building Official prior to issuance of building

permits. Upon submission of plans, the City will forward a complete set to the Coastside

County Fire Protection District for review. Fees for automatic fire sprinkler systems shall be

paid to the City prior to plan review. (Fire)

21. HARD-WIRED SMOKE DETECTORS/ALARMS. Pursuant to the City adopted California Building

and Residential Code, State Fire Marshal regulations and Coastside Fire District adopted

Ordinance , the permittee shall install smoke detectors which are hard-wired, interconnected

and have battery backup in each new or reconditioned sleeping room and at a point centrally

located in the corridor or area giving access to each separate sleeping area. A minimum of

one detector per floor is required. For alterations: If there is an attic, basement, crawl space

or removal of a wall or ceiling that provides access, then all smoke alarms shall be hardwired

and interconnected. Building plan submittals shall demonstrate conformance with these

requirements to the satisfaction of the Building Official prior to issuance of building permits.

(Fire)

22. FIRE HYDRANT. Pursuant to the adopted California Fire Code, Appendix B and C, the

permittee shall provide a Fire District approved fire hydrant (CLOW 960) within 250 feet of

the proposed single-family dwelling unit measured by way of drivable access prior to issuance

of an occupancy permit. If the single-family dwelling is on a dead end street, then the hydrant

shall be within 200 feet. The hydrant must produce a minimum fire flow of 1,000 gallons per

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minute at 20 pounds per square inch residual pressure for 2 hours. Additional fire flow is

required for single-family dwellings over 3,600 square feet, and all commercial structures.

Contact the Coastside County Fire Protection District for fire flow requirements. Contact

Coastside County Water District prior to applying for a building permit to obtain flow data

and District specifications and regulations on installing a fire hydrant. (Fire)

23. COASTSIDE COUNTY WATER DISTRICT - REGULATIONS. The project shall comply with all

applicable regulations and requirements of the Coastside County Water District. Water

service shall not be in the same trench as other utilities. (Water District)

C. The following conditions shall be implemented prior to and during

construction:

1. ARCHAEOLOGY-DISCOVERY OF HUMAN REMAINS. Pursuant to Section 7050.5 of the Health

and Safety Code, and Section 5097.94 of the Public Resources Code of the State of California,

in the event of the discovery of human remains during construction, there shall be no further

excavation or disturbance of the site or any nearby area reasonably suspected to overlie

adjacent remains. The County Coroner shall be notified and shall make a determination as to

whether the remains are Native American. If the Coroner determines that the remains are

not subject to his authority, he shall notify the California Native American Heritage

Commission who shall attempt to identify descendants of the deceased Native American(s).

If no satisfactory agreement can be reached as to the disposition of the remains pursuant to

this State law, then the permittee shall re-inter the human remains and items associated with

Native American burials on the property in a location not subject to further subsurface

disturbance. (Planning)

2. ARCHAEOLOGY-DISCOVERY OF RESOURCES. If subsurface historic or archaeological

resources are uncovered during construction, all work shall stop, the applicant shall notify

the Community Development Director and retain a qualified archaeologist to perform an

archaeological reconnaissance and identify any mitigation measures required to protect

archaeological resources. Subsurface excavation shall not resume until expressly authorized

by the Director. (Building)

3. CONSTRUCTION TRAILERS. Temporary construction trailers are permitted as accessory uses

in conjunction with the development of this site, subject to the following conditions:

a. The construction trailer shall be used as a temporary construction office only.

b. Neither sanitation facilities nor plumbed water is permitted within the trailer.

c. No overnight inhabitance of the construction trailer is permitted.

d. No construction trailers are permitted on site prior to building permit issuance.

e. The construction trailer shall be removed prior to issuance of a certificate of

occupancy. (Planning) 29

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4. AIR QUALITY BEST MANAGEMENT PRACTICES. The project shall implement the following

standard BAAQMD dust control measures during all phases of construction on the project

site:

• All active construction areas shall be watered twice daily or more often if necessary. Increased watering frequency shall be required whenever wind speeds exceed 15 miles-per-hour.

• Pave, apply water three times daily, or apply non-toxic soil stabilizers on all unpaved access roads and parking and staging areas at construction sites.

• Cover stockpiles of debris, soil, sand, and any other materials that can be windblown. Trucks transporting these materials shall be covered.

• All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day or as often as necessary to keep them free of dust and debris associated with site construction. The use of dry power sweeping is prohibited.

• Subsequent to clearing, grading, or excavating, exposed portions of the site shall be watered, landscaped, treated with soil stabilizers, or covered as soon as possible. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas and previously graded areas inactive for 10 days or more.

• Installation of sandbags or other erosion control measures to prevent silt runoff to public roadways.

• Replanting of vegetation in disturbed areas as soon as possible after completion of construction.

• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes. Clear signage shall be provided for construction workers at all access points.

• All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.

• Post a publicly visible sign with the telephone number and person to contact at the City of Half Moon Bay regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

5. HAZARDOUS MATERIALS. Any materials deemed hazardous by the San Mateo County

Department of Health that are uncovered or discovered during the course of work under this

permit shall be disposed in accordance with regulations of the San Mateo County of Health.

(Building)

6. COMPLIANCE WITH CBC. All structures shall be constructed in compliance with the standards

of the City adopted California Codes of Regulations Title 24, including Building Code,

Residential Code, Administrative Code, Mechanical Code, Plumbing Code, Electrical Code,

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Energy Code, Fire Code and Green Building Code to the satisfaction of the Building Official.

(Building)

7. FIRST FLOOR HEIGHT VERIFICATION. Prior to below floor framing or concrete slab steel

reinforcement inspection, a stamped and signed building height verification letter shall be

submitted to the City from a licensed land survey certifying that the first floor height as

constructed is equal to (or less than) the elevation specified for the first floor height in the

approved plans. The building pad shall be at least one-foot above the centerline crown of

the roadway or the top of the curb. (Building)

8. OVERALL PROJECT HEIGHT. Maximum overall height of the project, including any grading,

foundation, pad, and building elevations shall be calculated using the elevation points

indicated on the topographic survey map submitted at the time of application. The approved

height of all projects developed in the City will be measured from existing grade as indicated

on the submitted topographical survey. (Building)

9. COMPLETION OF UTILITIES. Any public utilities requiring relocation as a result of the

construction of the building(s) or improvements under this permit shall be relocated at the

owner’s expense. (Building)

10. CONSTRUCTION HOURS. Construction work shall be limited to the hours of 7:00 a.m. to 6:00

p.m. Monday through Friday; 8:00 a.m. to 6:00 p.m. Saturdays; and 10:00 a.m. to 6:00 p.m.

Sundays and holidays, except as expressly authorized by the City Engineer in conformance

with Section 14.40.020 of the Half Moon Bay Municipal Code. (Engineering)

11. NOTICE OF DISRUPTION. The permittee shall provide written notice to affected property

and business owners and a copy of such notice to the City Engineer a minimum of two

business days prior to any planned disruption of pedestrian or vehicular traffic, parking, or

public service facilities. (Engineering)

12. CONSTRUCTION MATERIAL STORAGE. Construction material shall not be stored in the street

right-of-way without prior approval from the City Engineer. (Engineering)

13. ENCROACHMENT PERMIT. The permittee shall obtain an encroachment permit prior to

starting any construction activity within the City right-of-way or affecting City improvements.

All improvements constructed within the City right-of-way shall conform to City standards to

the satisfaction of the City Engineer. (Engineering)

D. The following conditions shall be implemented prior to issuance of an

occupancy permit:

1. EXTERIOR COLORS AND MATERIALS. Exterior building colors and materials shall be in

substantial conformance with those shown on the approved color and materials board date-

stamped 02/13/17 to the satisfaction of the Director of Community Development. (Planning) 31

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2. TREE INSTALLATION. 1 minimum 24 inch box size tree shall be installed in the front setback

of the property, adjacent to the street right-of-way. The tree shall be planted in conformance

with the site distance requirements of Section 18.06.040(B) (4) of the Zoning Code and shall

not interfere with utility lines. (Planning/Engineering)

3. CONSTRUCTION OF STREET IMPROVEMENTS. All street improvements shall be constructed

in conformance with approved plans and permits prior to issuance of a certificate of

occupancy to the satisfaction of the City Engineer. (Engineering)

4. DISPLAY OF SINGLE-FAMILY STREET ADDRESS. Prior to issuance of an occupancy permit, the

residential dwelling shall display an internally-illuminated street address number in a

prominent location on the dwelling, visible from the street (a minimum of 6 feet above the

surface of the driveway), and with contrasting background and letters/numbers that are 4

inches in height with a minimum 3/4–inch stroke. Where a building is set back from the

street or otherwise obscured, a street address with 3-inch reflective numbers/letters shall

also be provided near the driveway entrance leading to the dwelling. (Fire/Building)

E. Validity and Expiration of Permits

1. EFFECTIVE DATE. This site is not located within the California Coastal Commission’s Appeals

Jurisdiction. This approval shall take effect after expiration of all City appeal periods

(Planning)

2. ACCURACY OF APPLICATION MATERIALS. The permittee shall be responsible for the

completeness and accuracy of all forms and material submitted for this application. Any

errors or discrepancies found therein may be grounds for the revocation or modification of

this permit and/or any other City approvals. (Planning)

3. PERMIT EXPIRATION. The Coastal Development Permit (CDP), Setback Variances, Parking

Exception and Architectural Review shall expire one year from its date of final approval if

development plans for a Building Permit have not been submitted. Once a Building Permit is

issued, the CDP shall be deemed in effect. If plans for a Building Permit are submitted within

the 1-year expiration period, and a Building Permit is not issued, the expiration of the CDP

shall coincide and run concurrently with the Building Permit plan submittal/application as

long as due diligence is pursued in the opinion of the Building Official in obtaining the Building

Permit.

4. PERMIT EXTENSION. The Community Development Director may, at the Director’s discretion,

approve a single one-year extension of this permit based on a written request and fee

submitted to the Director prior to expiration of the permit. Any other extension shall require

approval of a Permit Amendment prior to expiration of the permit. Any Amendment

Application to extend the permit shall be filed a minimum of ninety (90) days prior to permit

expiration to ensure adequate processing time. (Planning) 32

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5. PERMIT RUNS WITH THE LAND. The approval runs with the land and the rights and obligations

thereunder, including the responsibility to comply with conditions of approval, shall be

binding upon successors in interest in the real property unless or until such permits are

expressly abandoned or revoked. (Planning)

6. HOLD HARMLESS. The permittee agrees as a condition of approval of this application to

indemnify, protect, defend with counsel selected by the City, and hold harmless, the City,

and any agency or instrumentality thereof, and its elected and appointed officials, officers,

employees and agents, from and against an and all liabilities, claims, actions, causes of action,

proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature,

including reasonable attorney’s fees and disbursements (collectively, “Claims”) arising out of

or in any way relating to the approval of this application, any actions taken by the City related

to this entitlement, any review by the California Coastal Commission conducted under the

California Coastal Act Public Resources Code Section 30000 et seq., or any environmental

review conducted under the California Environmental Quality Act, Public Resources Code

Section 210000 et seq., for this entitlement and related actions. The indemnification shall

include any Claims that may be asserted by any person or entity, including the permittee,

arising out of or in connection with the approval of this application, whether or not there is

concurrent, passive or active negligence on the part of the City, and any agency or

instrumentality thereof, and its elected and appointed officials, officers, employees and

agents. The permittee’s duty to defend the City shall not apply in those instances when the

permittee has asserted the Claims, although the permittee shall still have a duty to indemnify,

protect and hold harmless the City. (City Attorney).

OWNER’S/PERMITTEE’S CERTIFICATION:

I have read and understand and hereby accept and agree to implement the foregoing conditions

of approval of the Coastal Development Permit.

APPLICANT:

___________________________________ ________________________

(Signature) (Date)

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BUSINESS OF THE PLANNING COMMISSION OF THE CITY OF HALF MOON BAY

AGENDA REPORT

For meeting of: April 10, 2018

TO: Honorable Chair and Planning Commissioners FROM: Jill Ekas, Community Development Director

Scott Phillips, Associate Planner TITLE: 300 Main Street - Coastal Development Permit, Use Permit, Architectural Review

and Parking Exception File No. PDP-17-039 ______________________________________________________________________________ RECOMMENDATION

1. Adopt Resolution P-18-__ approving PDP-17-039 an application for a Coastal Development Permit, Use Permit, Architectural Review and Parking Exception. The approvals would allow the conversion of the existing eleven second-story hotel rooms to six one-bedroom apartments, within the existing Zaballa House Bed and Breakfast establishment at 300 Main Street, based upon the Findings and Evidence contained in Exhibit A of the Draft Resolution, and subject to the Conditions of Approval in Exhibit B.

2. Provide input for City Council consideration regarding change from a priority to a non-

priority use and related implications on City policy regarding water connections. PROJECT BACKGROUND

Summary of Project

File Number PDP-17-039

Requested Permits/Approvals Coastal Development Permit, Use Permit, Architectural Review and Parking Exception

Site Location 300 Main Street / APN 056-163-080

Applicant/Property Owner Edward C. Love / Zaballa Square LP

Project Planner Scott Phillips; (650) 726-8299; [email protected]

Zoning District C-D, Commercial Downtown

LCP Land Use Plan Designation Commercial General

Water Service One one-inch, priority water connection existing. Additional non-priority water connections may be required.

Sewer Service (Sewer Authority Mid-Coast)

Connection to sanitary sewer exists.

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mailto:[email protected]

Planning Commission Report PDP-17-39 Page 2 of 8 April 10, 2018

Street Improvements Sidewalk and frontage improvements exist.

Environmental Determination Categorically Exempt pursuant to California Environmental Quality Act Guidelines, Section 15303(b) – conversion of existing structures from one use to another where only minor modifications are made in the exterior of the structure. This exemption applies to apartments and similar structures designed for not more than six dwelling units.

Heritage Trees Trees are within the parking lot and along the riparian corridor

Tree protection plan required

Story Poles Required Yes Located in a Visual Resource Area?

Yes Variance or Exception required?

No Located in a largely undeveloped area?

Right of Appeal Any aggrieved person may appeal the Planning Commission’s decision to the City Council within ten (10) working days of the decision.

The project is located within the Coastal Commission Appeals Jurisdiction; therefore the final City action is appealable to the California Coastal Commission.

Figure 1. Site Location

Site

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Figure 2. Site photo and area of conversion in green. Site and Surrounding Properties The project site is located along the south bank of Pilarcitos Creek and between Purissima Street and Main Street. The site is currently developed with a two story mixed use building, a parking lot and mature landscaping, as well as riparian area along the south side of Pilarcitos Creek. Hotel rooms for the Zaballa House bed and breakfast are currently established within the second story. Six commercial spaces are within the first story. The site is zoned C-D, Commercial Downtown. Land use and zoning for properties surrounding the subject site are as follows:

Direction Site Condition Land Use Designation / Zoning

North Pilarcitos Creek and Commercial Buildings Beyond

Commercial General / C-D Commercial Downtown

South Mixed Use Commercial Building


East Existing multi-tenant commercial building


West Existing automotive repair buildings


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Project Description The project consists of remodeling and converting the existing second story from 11 hotel rooms to 6 apartments. The exterior changes associated with change of use include the following:

• New accessible elevator along the southwestern corner of the building

• Two new bicycle lockers and bicycle racks The proposed exterior materials of the new lift would match the horizontal wood siding and composition shingles of the existing building. Besides the new lift, no change of use or construction would take place on the lower level of the building.

Figure 2. Elevation facing Main Street

Permit History

• March 1995: Coastal Development Permit and Site and Design Permit were approved for the existing two-story building and parking lot on the site. A deed restriction prohibiting development within the riparian corridor was required as a condition of approval.

• January 1999: Building Permit was issued to convert the second story commercial space into eleven hotel rooms.

ANALYSIS

The key issues for this project are conformance with the General Plan/Local Coastal Land Use Plan, conformance with the Zoning Code/LCP Implementation Plan,1 and design compatibility with surrounding development.

1 The Zoning Code is the LCP Implementation Plan.

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Conformance with the General Plan/Local Coastal Program Land Use Plan The proposed second story conversion of the existing hotel rooms to apartments on the 55,095 square-foot site is consistent with the Commercial-General General Plan/Local Coastal Land Use Plan designation. The project is consistent with the 2015-2023 Certified Housing Element which promotes infill housing in existing neighborhoods and encourages provision of high quality housing for a wide range of households. Environmentally sensitive habitat area (Pilarcitos Creek) boarders the property to the north. However, the improvements are limited to within the existing two story building and along the existing rear sidewalk for the new elevator lift. As conditioned (condition #C1), construction staging would be limited to the southern portion of the parking lot. The site is within a visual resource area (Old Downtown). The project has been designed to conform to Policy 7-8 of the Land Use Plan, which requires new construction to follow the scale, style and building lines of existing historical buildings along Main Street. Conformance with the Downtown Specific Plan

The project site is located within the Downtown Specific Plan area. The project conforms to applicable policies within the Downtown Specific Plan, including the following:

4.213 Where technically and financially feasible, preserve historical buildings and

architectural features within the planning area. 4.214 Encourage mixed-use projects, featuring retail and restaurant uses on the first floor,

office or residential uses on the second floor and residential uses on the third floor at appropriate locations in the Specific Plan area.

4.412 Require the applicants for new downtown development projects plant and maintain

new street trees and maintain existing trees and other landscaping.

The project would complement Downtown Half Moon Bay by establishing permanent residential units above existing commercial space in an area of downtown that is identified as an appropriate location for mixed use development downtown. These small new units (approximately 825 square feet of average floor area per unit) is a sustainable scale compatible with Downtown. The project includes six new apartment units on the second story, as well as a single tenant commercial space on the first floor, consistent with the applicable policies of the Downtown Specific Plan. There is currently one one-inch priority water connection assigned to the subject property. The proposed new apartments are considered non-priority, as defined in Section 18.05.020 of the Zoning Code. A condition of approval (Condition #B1) requires City Council policy input on

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the use of priority water connections for new non-priority uses. In this case, the priority use was in place for nearly twenty years. Conformance with the Zoning Code The Zoning Code allows for relaxed standards in relation to mixed use residential and commercial development in the C-D Commercial Downtown Zoning District. The proposed hotel room conversion to apartments conforms to most, but not all, of the applicable requirements of this zoning district. As indicated in Table 1, the project is consistent with the applicable requirements of the C-D Zoning District, including short and long-term bicycle parking. The project does not conform to the off-street vehicle parking requirements and a parking exception has been requested.

Table 1. Project Conformance with the C-D Commercial Downtown Zoning Requirements

Development Standards Zoning Requirements Existing and Proposed

Min. Site Area 5,000 sq. ft. 55,095 sq. ft.

Min. Site Width 50 ft. 230 ft.

Min. Setbacks Per 18.07.040 (B), not applicable to mixed-use projects

Max. Site Coverage and Floor Area Per 18.07.030 (C), not applicable to mixed-use projects

Max. Building Height 36 ft. 32 ft. 6 inches

Use Compatibility The project includes the conversion of eleven existing hotel rooms into six apartment units within the Downtown area. A Use Permit is required for Mixed Commercial and Residential uses within the C-D (Commercial-Downtown) zoning district, as set forth in Table E, Section 18.07.020. There are numerous examples of similar mixed-use developments within the surrounding Downtown area. In approving a Use Permit, the Planning Commission must find the following: “The establishment, maintenance and/or conducting of the use will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property or improvements in said neighborhood.” The proposed hotel room conversion project is consistent with the C-D (Commercial Downtown) Zoning for the site and with the uses and pattern of development in the surrounding neighborhood, which consists of a mixture of residential and commercial buildings. The site intensity would remain substantially the same through the conversion of the eleven hotel rooms to six apartments. As proposed, the site and surrounding area includes adequate parking and other facilities to accommodate the project activities without detrimental impacts to the public welfare, property or improvements in the surrounding neighborhood.

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Parking Exception Section 18.36.040 requires 2 garage spaces per apartment. Instead of providing the required garage spaces for the new apartments, the offs-street parking requirement would be partially satisfied by the existing surface parking. A parking exception has been requested in lieu of constructing the garages. A copy of the findings provided by the applicant for the parking exception is included as Attachment #3. The primary justification for the parking exception is that there are unique circumstances associated with the creek and the riparian area along the south side of the creek.

Table 2. Parking Analysis

Use Required Parking

Parking Provided Parking Deficit

Existing Use:

• Eleven Hotel Rooms

• Commercial Space

• 11 spaces

• 18 spaces

Total: 29 spaces 25 uncovered parking spaces

4 spaces

Proposed Use:

• Six multi-family units

• Commercial Space

• 12 covered spaces

• 18 spaces

Total: 30 spaces

5 spaces total

12 spaces not covered

With respect to the parking exception, it should be noted that the existing use has a parking deficit of four spaces. This deficit is considered to be a nonconforming condition that may be brought forward. The proposed use would require only one more space. The more significant aspect of the exception is that the parking for the residential units would be uncovered (not in a garage) as specified for residential uses in the Zoning Ordinance. Staff notes that the City does not yet have mixed-use parking allowances, which in many peninsula downtown settings would allow for fewer spaces than proposed even with this exception. The mix of day-time active commercial uses with residential uses tends to work well for shared parking. A condition of approval specifies that six of the 25 spaces be assigned to each of the six new dwelling units to ensure that residents have a place to park at night. The project also includes the addition of one long-term bicycle parking space for a total of four short-term and two long-term bicycle spaces. The bicycle parking will conform to City code. The applicant is also encouraged to consider incorporating EV charging stations in the parking lot for two or more parking spaces. This is not a code requirement and is not included in the conditions of approval. Zoning Code/LCP Implementation Plan Issues Table 3 identifies key Zoning Code/LCP Implementation Plan issues and their applicability to the subject site. As indicated in the table, a legal non-conforming barn/garage is located on the adjacent property to the west, very near the property line. The project has been designed

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to provide a generous setback from the barn/garage, thereby preserving views of the structure from the street and facilitating its maintenance. See additional discussion under Design Compatibility below.

Table 3. Key Zoning Code/LCP Implementation Plan Issues

Issue Applicability/Explanation

Environmentally Sensitive Habitat Area Yes

Pilarcitos Creek along the northern portion of the property

Visual Resource Area Yes Site is located in the historic downtown

Obstruct Public Access No Hotel room conversion to apartments will have no effect on coastal access.

Archaeologically Resource Area Yes

Site is within a potentially archeologically sensitive area.

Historic Resources Yes

No historic resources exist on the site. The site is adjacent to the original Zaballa House building, which was constructed in 1865. The Main Street bridge, constructed in 1900 is also adjacent to the site.

Design Compatibility The exterior changes that are included with this project are limited to the installation of new bicycle racks/lockers and new two-story elevator lift. These improvements would all be sited in the back of the building. The exterior colors and materials of the new elevator enclosure would match the horizontal wood siding and composition shingles of the existing building. In conclusion, the proposed improvements are architecturally compatible with that of the existing two-story building. Conclusion Based on the above analysis, that the proposed residence is consistent with the General Plan/Local Coastal Land Use Plan, the Zoning Code/LCP Implementation Plan, and the Residential Design Guidelines; is compatible with surrounding development; and conforms to the requirements of the California Environmental Quality Act. Staff recommends approval of the project based on the findings and conditions of approval (Exhibits A and B of the attached Draft Resolution).

ATTACHMENTS 1. Draft Resolution with Findings and Evidence, Exhibit A and Conditions of Approval,

Exhibit B. 2. Project Plans 3. Parking Exception Findings

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COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION P-18-____ RESOLUTION FOR APPROVAL

PDP-17-039

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HALF MOON BAY APPROVING A COASTAL DEVELOPMENT PERMIT, USE PERMIT, ARCHITECTURAL REVIEW AND PARKING EXCEPTION TO ALLOW FOR THE CONVERSION OF ELEVEN EXISTING SECOND STORY HOTEL ROOMS TO SIX ONE-BEDROOM APARTMENTS, WITHIN THE EXISTING ZABALLA HOUSE BED AND BREAKFAST ESTABLISHMENT AT 300 MAIN STREET IN THE COMMERCIAL DOWNTOWN ZONING DISTRICT AND THE RESIDENTIAL-MEDIUM DENSITY GENERAL PLAN DESIGNATION (APN 056-163-080)

WHEREAS, an application was submitted requesting approval of Coastal Development Permit, Use Permit, Architectural Review and Parking Exception to allow the conversion of eleven existing second story hotel rooms to six one-bedroom apartments, within the existing Zaballa House Bed and Breakfast establishment at 300 Main Street in the C-D, Commercial Downtown Zoning District and the Residential Medium Density General Plan designation (APN 056-163-080); and

WHEREAS, the procedures for processing the application have been followed as required by law; and

WHEREAS, the Planning Commission conducted a duly noticed public hearing on April 10,

2018, at which time all those desiring to be heard on the matter were given an opportunity to be heard; and

WHEREAS, the Planning Commission considered all written and oral testimony presented

for consideration; and WHEREAS, the Planning Commission has determined that the requested Coastal

Development Permit, Use Permit, Architectural Review and Parking Exception for the conversion of eleven existing second story hotel rooms to six one-bedroom apartments is exempt from CEQA pursuant to California Administrative Code Section 15303(b) which exempts conversion of existing structures from one use to another where only minor modifications are made in the exterior of the structure; and

WHEREAS, the Planning Commission has made the required findings for approval of the

project, set forth in Exhibit A to this resolution; NOW, THEREFORE, BE IT RESOLVED that, based upon the Findings in Exhibit A and subject

to the Conditions of Approval contained in Exhibit B, the Planning Commission approves PDP-17-039.

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Resolution P-18-__

PASSED AND ADOPTED by the City of Half Moon Bay Planning Commission at a duly

noticed public hearing held April 10, 2018. AYES, NOES, ABSENT, ABSTAIN, APPROVED: ______________________________ __________________________________ Rick Hernandez, Chair Jill Ekas, Director - Community Development

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Resolution P-18-__

EXHIBIT A FINDINGS AND EVIDENCE

Community Development Director Resolution P-18-__ PDP-17-039

Coastal Development Permit – Findings for Approval The required Coastal Development Permit for this project may be approved or conditionally approved only after the approving authority has made the following findings per Municipal Code Section 18.20.070: 1. Local Coastal Program – The development as proposed or as modified by conditions, conforms

to the Local Coastal Program.

Evidence: The project consists of conversion of eleven existing hotel rooms into six one-bedroom apartments on an infill site in an existing mixed-use neighborhood where public services and infrastructure are available. The project conforms to all City requirements, will not impact coastal resources and is consistent with the policies of the City’s Land Use Plan (LUP). Coastal Act 30240(b) and Policy 3-3 (b): Development in areas adjacent to environmentally sensitive habitat areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas.

Compliance: The subject site includes mapped environmentally sensitive habitat area

(Pilarcitos Creek); however, it does not include any new development within the habitat or

its buffers.

Policy 7-1: The City will establish regulations to protect the scenic corridor of Highway 1, including setbacks for new development, screening of commercial parking and landscaping associated with new development. The minimum standards shall include all areas within 200 yards of State Highway 1 which are visible from the road.

Compliance: The subject site is not located within 200 yards of State Highway 1 and

Highway 1 is not designated a Scenic Highway within the City limits of Half Moon Bay.

Policy 7-5: All new development, including additions and remodeling, shall be subject to design review.

Compliance: The proposed exterior changes have been subject to design review by the Planning Commission. As shown in the evidence provide for Architectural and Site Design findings below, the project is in compliance with the applicable design review requirement.

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Resolution P-18-__

Policy 7-11: New development along primary access routes from Highway 1 to the beach, as designated on the Land Use Map, shall be designed and sited so as to maintain and enhance the scenic quality of such routes, including building setbacks, maintenance of low height of structures, and landscaping which establishes a scenic gateway and corridor.

Compliance: The proposed hotel conversion to apartments is not located along a primary access route from Highway 1 and will not affect coastal access.

Coastal Act 30244: Where development would adversely impact archaeological or

paleontological resources as identified by the State Historic Preservation Officer,

reasonable mitigation measures shall be required.

Compliance: The proposed project is located at or near identified archaeological resources. If archeological resources are unexpectedly encountered during any limited site disturbance, the permit has been conditioned to require that construction halt until the find can be evaluated and appropriate mitigation identified.

2. Growth Management System – The development is consistent with the annual population limitation system established in the Land Use Plan and Zoning Ordinance.

Evidence: The proposed site has been granted six valid Measure D Certificates for the

conversion of eleven existing hotel rooms into six one -bedroom apartments; therefore

the project conforms to the requirements of the City’s growth management system.

3. Zoning Provisions – The development is consistent with the use limitations and property

development standards of the base district as well as the other requirements of the Zoning Ordinance.

Evidence: The proposed project conforms to the requirements of the Commercial Downtown Zoning District, which allows for a mixture of uses. The proposal conforms to the developments standards for the Commercial Downtown Zoning District and other relevant provisions of the Zoning Code.

4. Adequate Services – The proposed development will be provided with adequate services and

infrastructure in a manner that is consistent with the Local Coastal Program.

Evidence: The site is located in an existing developed neighborhood where utilities and services are provided to the site. One one-inch priority water connection has been assigned to the property for current development on the site. If additional water capacity is required for the proposed conversion, non-priority water connections would be required to be transferred to the site for the new apartments. A condition of approval requires City Council policy guidance on the use of priority water connections for non-priority uses when the use converts years after the connection is established.

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Resolution P-18-__

5. California Coastal Act – Any development to be located between the sea and the first public road parallel to the sea conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act.

Evidence: The subject property is not located between the first public road and the sea. Due

to the Pilarcitos Creek and associated riparian area running through the northern part of the property, the site is within the appeals jurisdiction for the California Coastal Commission.

6. Design Review Criteria – The Community Development Director, Planning Commission, or

City Council has reviewed and considered each specific case and any and all of the following criteria in determining that the architectural and site design standards identified in Municipal Code Sections 14.37.035 and 18.20.070 (F) have been satisfactorily addressed.

Evidence: The Planning Commission has reviewed the design of the proposed project and has determined that the design review criteria of Municipal Code Subsection 18.20.070(F) have been satisfactorily addressed. The exterior changes associated with the project are limited to the addition of an elevator lift, bicycle lockers and bicycle racks. The proposed exterior finishes of the elevator lift match that of the existing building (including building scale, massing, detailing, colors, and materials).

Architectural Site and Design Review – Findings The required Architectural and/or Site and Design Review for this project may be approved or conditionally approved only after the approving authority has made the findings per Municipal Code Section 14.37.040. In making these findings, the Planning Commission has considered the design approval criteria set forth in Municipal Code Section 14.37.035. 1. That such buildings, structures, planting, paving and other improvements shall be so

designed and constructed that they will not be of unsightly or obnoxious appearance to the extent that they will hinder the orderly and harmonious development of the city;

Evidence: The exterior changes associated with this proposal are limited to new bicycle racks, bike lockers and a new elevator enclosure. All of these improvements would be located along the rear of the existing second story building. The siding and material of the new elevator enclosure would match the horizontal siding, composition shingles and color of the main building. Given that the new elevator enclosure would be an extension of the architectural style of the main building, the proposed project would not hinder the orderly and harmonious development of the City.

2. That such buildings, structures, planting, paving and other improvements will not impair the desirability or opportunity to attain the optimum use and the value of the land and the improvements, or otherwise impair the desirability of living or working conditions in the same or adjacent areas; and

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Resolution P-18-__

Evidence: The exterior changes associated with this proposal are limited to new bicycle racks, bike lockers and a new elevator enclosure. These improvements in particular would increase the desirability of living and working conditions in the area by providing an ADA accessible elevator to the second story of the subject building and by bringing the site into conformance with the City bicycle parking code.

3. The project has been designed in conformance and consistency with the Single-Family Residential Design Guidelines (where applicable). Evidence: The project includes the conversion of existing hotel rooms into apartments and does not include a single-family residence.

Use Permit – Finding The requested Use Permit for the six new residential units for this project may be approved or conditionally approved only after the approving authority has made the finding per Municipal Code Section 18.22.190 (B). In making this finding, the Planning Commission has considered the compatibility with the surrounding downtown area, as it relates to the introduction of additional residential units. 1. The establishment, maintenance and/or conducting of the use will not, under the

circumstances of the particular case, be detrimental to the public welfare or injurious to property or improvements in said neighborhood.

Evidence: There are several examples of the similar mixed use residential and commercial development that exist throughout Downtown. As proposed, the project includes adequate parking and other facilities to accommodate the residential component of the project without detriment to the public welfare, property or improvements in the surrounding neighborhood. The proposed mixed-use project is consistent with the C-D (Commercial Downtown) Zoning for the site and with the uses and pattern of development in the surrounding neighborhood, which consists of a mixture of residential, commercial and mixed-use buildings. Furthermore, the lodging use, although a priority visitor-serving use pursuant to the Coastal Act is proposed to be replaced by a non-priority use; the viability of the lodging use has been limited and there are vacancies in other lodging developments. Residential uses within a Downtown setting provide vibrancy in that residents tend to walk to and patronize various Downtown businesses, take pride in the condition of the living environment in that it is their neighborhood, and otherwise add to an overall sense of safety and desirability. These effects will support the visitor-serving environment of the Downtown.

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Resolution P-18-__

Parking Exception – Findings The requested Parking Exception for 25 off-street vehicle parking spaces where 30 would otherwise be required (including the provision of twelve spaces uncovered where otherwise a garage is required) may be approved or conditionally approved with this project only after the approving authority has made the required findings per Municipal Code Section 18.36.080(B): 1. That there are exceptional or extraordinary circumstances or conditions applying to the

land, building or use referred to in the application, which circumstances or conditions do not apply generally to the land, buildings and/or uses in the same district;

Evidence: The site is built out between a sensitive riparian area and historic buildings. The existence the riparian area to the north and the historic structures to the south are exceptional circumstances that apply to the subject property that do not necessarily apply to other properties within the same zoning district. Additionally, less site disturbance and change to the built environment is desired. Providing garage parking to meet the minimum requirements would require additional pavement and structures in this sensitive location.

2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner; Evidence: Residential development in a mixed-use configuration is highly desirable Downtown and other properties are being developed in this format. The applicant has indicated that over time, the lodging portion of the use is not economically viable. Granting the parking exception would allow for a more economically viable use, without increasing the intensity of the site.

3. That the granting of such application will not, under the circumstances of the particular case, materially adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood; Evidence: Analysis of mixed-use parking requirements in many other jurisdictions indicate that there will be ample parking for the combination of uses as proposed. In fact, the change of use from lodging to residential may reduce actual peak parking demand pursuant to the findings of mixed-use parking ordinances.

4. That the establishment, maintenance and/or conducting of the off-street parking facilities as proposed are as nearly in conformance with the requirements of the Half Moon Bay zoning code as are reasonably possible. Evidence: The proposed parking exception increases the parking deficit on the site, currently four spaces, by only one more space. The proposed use of six small

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Resolution P-18-__

residential units in a mixed-use format will likely have less parking demand than the existing eleven units of lodging. Furthermore, it is not reasonable on this site to add garages for twelve parking spaces because of various site constraints, including the riparian area and historic context already cited above.

Because this project is within the downtown commercial district, this project may be approved or conditionally approved only after the approving authority has made the Parking Exception findings specific to the Commercial Downtown Zoning District per Municipal Code Section 18.07.045(E)(1), in addition to the findings within 18.36.080(B) noted above. a. The applicant has made every reasonable effort to provide the required number of parking

spaces;

Evidence: As previously cited, the property location adjacent to a sensitive riparian area and historic development severely limits options for increasing parking provisions on this property which is already built out.

b. The applicant has submitted evidence to the planning commission that approval of a parking exception is necessary to ensure the economic viability of the project; or Evidence: The applicant has submitted a statement indicating that over time the lodging use has not been economically viable at this location and in the configuration in which it was established. There is high demand for small and more affordable rental residential units in Downtown, which is further supported by the Housing Element.

c. The planning commission finds that approval of the parking exception will ensure that an historic resource is retained or otherwise preserved or protected; and Evidence: The visual character of Old Downtown and nearby historic development could be adversely affected if the parking provisions, including construction of a garage(s) for twelve cars were constructed on this site.

d. The planning commission has found that the proposed number, size, configuration, and/or location of the parking spaces is as nearly in conformance with the standards contained in Title 15 (Signs & Advertising Structures) as is nearly possible, and the granting of the parking exception is not contrary to the policies of the downtown specific plan. Evidence: Six parking spaces will be assigned to the residential units, one space per unit. A condition of approval (Condition #D3) will ensure that the parking lot is striped and signed appropriately. It is further noted that the number of stalls will be adequate to serve the mixed-use commercial and residential development wherein peak parking demand of all of the uses do not overlap.

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Resolution P-18-__

Downtown Specific Plan - Finding Downtown Specific Plan Authorization – The project is consistent with the goals and policies associated with the Downtown Specific Plan. Planning Commission Evidence: The proposed project is in compliance with the Downtown Specific Plan. Policy 4.213 encourages the development of mixed use within the downtown. The addition of residential to the existing commercial component of the development would be consistent with this policy. The project would complement Downtown Half Moon Bay by providing housing in the downtown thereby promoting compact sustainable downtown development. Environmental Review – Finding CEQA – The project will not have a significant effect on the environment.

Evidence: The project is Categorically Exempt pursuant to California Code of Regulations Section 15303 (b) – conversion of existing structures from one use to another where only minor modification are made in the exterior of the structure. This exemption applies to apartments and similar structures designed for not more than six dwelling units.

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Resolution P-18-__

EXHIBIT B CONDITIONS OF APPROVAL

Community Development Director Resolution P-18-____ PDP-17-039

A. The following Conditions shall apply to the subject site to the satisfaction of

the Community Development Director:

1. CONFORMANCE WITH APPROVED PLANS. Development of the site shall conform to the

approved plans entitled Conversion & Remodel for David Cresson with a City date stamp

of September 29, 2017, except for any revisions required by this permit. The Community

Development Director shall review and may approve any deviation from the approved

plans that is determined minor in nature. Any other change shall require the submittal of

a major modification application and fees and shall be subject to a public hearing as

required by Title 18. (Planning)

2. CONFORMANCE WITH CONDITIONS OF APPROVAL. The Community Development

Director shall review and may approve any deviation from the Conditions of Approval that

is determined minor in nature. Any other change shall require the submittal of a major

modification application and fees and shall be subject to a public hearing as required by

Title 18. (Planning)

3. CONFORMANCE WITH THE MUNICIPAL CODE. No part of this approval shall be construed

to permit a violation of any part of the Half Moon Bay Municipal Code. (Planning)

4. LIGHTING. All exterior lighting shall be fully shielded so that no light source is visible from

outside the property, except as otherwise expressly approved. (Planning)

5. SIDEWALK MAINTANENCE AND LIABILITY. It shall be the duty of the Property Owner(s)

whose property is adjacent to any portion of a public street or place to maintain any

sidewalks along the project frontage in a safe and non-dangerous condition. Sidewalk

maintenance shall include removal and replacement of concrete to eliminate tripping

hazards; and pruning and trimming of trees, shrubs, ground cover and other landscaping

within the public right-of-way. The Property Owner has the primary and exclusive duty to

fund and perform such maintenance and repair, whether or not the City has notified the

property owner of the need for such maintenance or repairs or has performed similar

maintenance or repairs in the past, pursuant to §12.18.020 and §12.18.030 of the Half

Moon Bay Municipal Code. (Engineering)

6. LANDSCAPE MAINTENANCE. The applicant/owner shall ensure that all landscaped areas

and/or fences are continuously maintained, and all plant material is maintained free of

refuse and weeds and in a healthy growing condition. (Planning)

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Resolution P-18-__

B. The following Conditions shall be fulfilled to the satisfaction of the

Community Development Director prior to the issuance of building permits:

1. CITY COUNCIL POLICY GUIDANCE. Policy guidance related to the use of priority water

connections for new non-priority uses shall be requested from the City Council. Any changes

requested by the City Council related to water connections shall be implemented.

2. SIGNED CONDITIONS OF APPROVAL. The applicant/owner shall submit a signed copy of the

conditions of approval to the Planning Division prior to issuance of a building permit.

(Planning)

3. DEVELOPMENT IMPACT FEES. Impact fees shall be paid to the City prior to issuance of

building permits in conformance with the City’s adopted Master Fee Schedule and include,

but are not limited to, the Traffic Mitigation Fee (providing credit for the previous eleven

room hotel) and the Park Facilities Fee.

4. SCHOOL IMPACT FEES. The permittee shall provide proof of payment of required school

Impact fees to Cabrillo Unified School District prior to issuance of building permits.

5. VALID MEASURE D CERTIFICATE. No building permit shall be issued unless the Measure D

Certificates issued for the property have not expired and remains valid to the satisfaction of

the Community Development Director. (Planning)

6. CONSTRUCTION PLANS. File Number PDP-17-039 and the Conditions of Approval for this

project shall be provided on the cover page of the building permit application plan

submittal. All plans, specifications, engineering calculations, diagrams, reports, and other

data for construction of the building and required improvements shall be submitted with

the appropriate permit application to the City’s Building and Engineering Divisions for

review and approval. Computations and back-up data will be considered a part of the

required plans. Structural calculations and engineering calculations shall be prepared, wet-

stamped and signed by an engineer or architect licensed by the State of California. The plans

must show the location of the sewer connection and property line sewer cleanout.

(Planning)

7. WATER CONSERVATION IN LANDSCAPING. The permittee shall submit a detailed landscape

plan to the satisfaction of the Community Development Director. If the project includes

1,000 square feet or more of irrigated landscaping (new or rehabilitated) the permittee shall

submit landscape and irrigation plans and an Outdoor Water Efficiency Checklist that

demonstrate compliance with the City’s Water Conservation in Landscaping Ordinance

(Chapter 13.04 of the Municipal Code) prior to issuance of building permits to the

satisfaction of the Community Development Director. (Planning)

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8. EVIDENCE OF WATER CONNECTION CAPACITY. Prior to the issuance of building permits, the

permittee shall submit a letter from Coastside County Water District certifying that the

subject site has an adequately-sized water connection for this approved project. (Building)

9. EVIDENCE OF SEWER CONNECTION CAPACITY. Prior to the issuance of building permits, the

permittee shall demonstrate issuance of a sewer permit from the Sewer Authority Mid-

Coast. (Building)

10. CONSTRUCTION PLANS. Construction plans submitted for building permit(s) shall include a plan sheet showing utility connections, trench restoration details, driveway apron (driveway apron width, spacing between driveways, slopes, etc.), and other improvements in the public right-of-way meeting City standards. (Engineering)

11. ACCESSIBILITY REQUIREMENTS. The proposed project, including street improvements, shall comply with State of California and federal (ADA) accessibility standards and with the line of sight requirements of Half Moon Bay Zoning Code Section 18.06.040(B).

12. LOT GRADING, MATERIALS, EQUIPMENT AND VEHICLE STORAGE. No lot site grading,

preparation, storage, or placement of construction materials, equipment, or vehicles shall

take place prior to issuance of a building permit. Any earth movement on or off the site in

excess of 50 cubic yards shall require the submittal of a grading plan for review by the City

Engineer and issuance of a grading permit. Lot Grading includes, but is not limited to, any

leveling, scraping, clearing, or removal of lot surface area. Materials, Equipment, and

Vehicles include, but are not limited to:

1. All masonry, wood, and steel construction materials;

2. All construction-related equipment and storage containers; and

3. All construction-related vehicles, including temporary trailers. (Engineering)

13. STORMWATER MANAGEMENT-TREATMENT (FOR NON-REGULATED PROJECTS). Non-

regulated projects consist of single-family residences and other small projects that create

and/or replace less than 5,000 square feet of impervious surface. Construction plans

submitted for building permits shall include a storm water management-treatment plan

showing implementation of at least one of the six Low Impact Development (LID) measures

listed below:

a. Direct runoff into cisterns or rain barrels and use rainwater for irrigation or other

non-potable use;

b. Direct roof runoff into vegetated areas;

c. Direct runoff from sidewalks, walkways, and/or patios into vegetated areas;

d. Direct runoff from driveways and /or uncovered parking lots into vegetated areas; 82

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e. Construct sidewalks, walkways, and/or patios with permeable surfaces; or

f. Construct bike lanes, driveways, and/or uncovered parking lots with permeable

surfaces.

Permittee shall also submit the ‘stormwater checklist for small projects’ with the building

plan submittal. (Engineering)

14. COPPER BUILDING ELEMENTS. The building plans shall specify that all copper building

elements will be pre-patinated at the factory, or if patination will occur on the site, the

plans shall identify best management practices in conformance with the San Mateo

Countywide Water Pollution Prevention Program Requirements for Architectural Copper, to

the satisfaction of the City Engineer. (Engineering)

15. EROSION AND SEDIMENT CONTROL. An erosion and sediment control plan shall be

submitted that shows effective Best Management Practices (BMP) and erosion and

sediment control measures for the site. Construction plans shall also include the

“construction best management practices” plan sheet. (Engineering)

16. UNDERGROUND UTILITIES/SERVICES. Electric, telecommunication, and cable and utility

service to the property shall be through underground service connections only. No

overhead utilities are allowed. Show locations of all utility service connections: sanitary

sewer, storm drain (if applicable), water (domestic and fire), cable television, telephone,

electrical, and gas. (Engineering)

17. STREET/PUBLIC RIGHT-OF-WAY CUTS FOR UTILITY CONNECTIONS. Street cuts for two or

more utility connections shall be repaired with a single patch or 2 inches of asphalt

concrete shall be overlaid on existing street pavement across the property frontage.

Asphalt repair and overlay shall be in accordance with the City Standard Details.

(Engineering)

18. FIRE CLEARANCE REQUIREMENTS. The permittee shall comply with all applicable fire and

building codes and standards relating to fire and panic safety as identified by the Coastside

Fire Protection District during the building permit process. (Fire)

19. FIRE SPRINKLERS AND FIRE DISTRICT REQUIREMENTS. Pursuant to the adopted Fire District

Ordinance, the permittee shall install an automatic fire sprinkler system throughout the

proposed or improved dwellings. All attic access locations will be provided with a pilot

head on a metal upright. All areas that are accessible for storage purposes shall be

equipped with fire sprinklers, including closets and bathrooms, except linen closets less

than 24 square feet with full-depth shelving. The plans for this system must be submitted

to the City of Half Moon Bay Building Division to the satisfaction of the Building Official

prior to issuance of building permits. Upon submission of plans, the City will forward a

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complete set to the Coastside County Fire Protection District for review. Fees for automatic

fire sprinkler systems shall be paid to the City prior to plan review. (Fire)

20. HARD-WIRED SMOKE DETECTORS/ALARMS. Pursuant to the adopted California Building

and Residential Code, State Fire Marshal regulations and current Coastside Fire District

Ordinance, the permittee shall install smoke detectors which are hard-wired,

interconnected and have battery backup in each new or reconditioned sleeping room and

at a point centrally located in the corridor or area giving access to each separate sleeping

area. A minimum of one detector per floor is required. For alterations: If there is an attic,

basement, crawl space or removal of a wall or ceiling that provides access, then all smoke

alarms shall be hardwired and interconnected. Building plan submittals shall demonstrate

conformance with these requirements to the satisfaction of the Building Official prior to

issuance of building permits. (Fire)

21. FIRE HYDRANT. Pursuant to the adopted California Fire Code, Appendix B and C, the

permittee shall provide a Fire District approved fire hydrant (CLOW 960) within 250 feet of

the proposed single-family dwelling unit measured by way of drivable access prior to

issuance of an occupancy permit. If the single-family dwelling is on a dead end street, then

the hydrant shall be within 200 feet. The hydrant must produce a minimum fire flow of

1,000 gallons per minute at 20 pounds per square inch residual pressure for 2 hours.

Additional fire flow is required for single-family dwellings over 3,600 square feet, and all

commercial structures. Contact the Coastside County Fire Protection District for fire flow

requirements. Contact Coastside County Water District prior to applying for a building

permit to obtain flow data and District specifications and regulations on installing a fire

hydrant. (Fire)

22. COASTSIDE COUNTY WATER DISTRICT - REGULATIONS. The project shall comply with all

applicable regulations and requirements of the Coastside County Water District. Water

service shall not be in the same trench as other utilities. (Water District)

23. TREE PROTECTION PLAN. The project includes grading, excavation, demolition or

construction activity within the drip line of a heritage tree. Pursuant to Municipal Code

Section 7.40.030, the permittee shall obtain approval of a tree protection plan prepared by

a certified arborist prior to issuance of building permits.

C. The following conditions shall be implemented to the satisfaction of the

Community Development Director prior to and during construction:

1. CONSTRUCTION STAGING. Construction staging shall be located on the southern portion of

the existing parking lot, outside of the Pilarcitos Creek tree canopy.

2. ARCHAEOLOGY-DISCOVERY OF HUMAN REMAINS. Pursuant to Section 7050.5 of the

Health and Safety Code, and Section 5097.94 of the Public Resources Code of the State of 84

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California, in the event of the discovery of human remains during construction, there shall

be no further excavation or disturbance of the site or any nearby area reasonably suspected

to overlie adjacent remains. The County Coroner shall be notified and shall make a

determination as to whether the remains are Native American. If the Coroner determines

that the remains are not subject to his authority, he shall notify the California Native

American Heritage Commission who shall attempt to identify descendants of the deceased

Native American(s). If no satisfactory agreement can be reached as to the disposition of the

remains pursuant to this State law, then the permittee shall re-inter the human remains and

items associated with Native American burials on the property in a location not subject to

further subsurface disturbance. (Planning)

3. ARCHAEOLOGY-DISCOVERY OF RESOURCES. If subsurface historic or archaeological

resources are uncovered during construction, all work shall stop, the applicant shall

notify the Community Development Director and retain a qualified archaeologist to

perform an archaeological reconnaissance and identify any mitigation measures

required to protect archaeological resources. Subsurface excavation shall not resume

until expressly authorized by the Director. (Building)

4. CONSTRUCTION TRAILERS. Temporary construction trailers are permitted as accessory uses

in conjunction with the development of this site, subject to the following conditions:

a. The construction trailer shall be used as a temporary construction office only.

b. Neither sanitation facilities nor plumbed water is permitted within the trailer.

c. No overnight inhabitance of the construction trailer is permitted.

d. No construction trailers are permitted on site prior to building permit issuance.

e. The construction trailer shall be removed prior to issuance of a certificate of

occupancy. (Planning)

5. AIR QUALITY BEST MANAGEMENT PRACTICES. The project shall implement the following

standard BAAQMD dust control measures during all phases of construction on the project

site:

• All active construction areas shall be watered twice daily or more often if necessary. Increased watering frequency shall be required whenever wind speeds exceed 15 miles-per-hour.

• Pave, apply water three times daily, or apply non-toxic soil stabilizers on all unpaved access roads and parking and staging areas at construction sites.

• Cover stockpiles of debris, soil, sand, and any other materials that can be windblown. Trucks transporting these materials shall be covered.

• All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day or as often as necessary to keep them free of dust and debris associated with site construction. The use of dry power sweeping is prohibited.

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• Subsequent to clearing, grading, or excavating, exposed portions of the site shall be watered, landscaped, treated with soil stabilizers, or covered as soon as possible. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas and previously graded areas inactive for 10 days or more.

• Installation of sandbags or other erosion control measures to prevent silt runoff to public roadways.

• Replanting of vegetation in disturbed areas as soon as possible after completion of construction.

• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes. Clear signage shall be provided for construction workers at all access points.

• All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.

• Post a publicly visible sign with the telephone number and person to contact at the City of Half Moon Bay regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

6. HAZARDOUS MATERIALS. Any materials deemed hazardous by the San Mateo County

Department of Health that are uncovered or discovered during the course of work under

this permit shall be disposed in accordance with regulations of the San Mateo County of

Health. (Building)

7. COMPLIANCE WITH CBC. All structures shall be constructed in compliance with the

standards of the City adopted California Codes of Regulations Title 24, including Building

Code, Residential Code, Administrative Code, Mechanical Code, Plumbing Code, Electrical

Code, Energy Code, Fire Code and Green Building Code to the satisfaction of the Building

Official. (Building)

8. FIRST FLOOR HEIGHT VERIFICATION. Prior to below floor framing or concrete slab steel

reinforcement inspection, a stamped and signed building height verification letter shall be

submitted to the City from a licensed land survey certifying that the first floor height as

constructed is equal to (or less than) the elevation specified for the first floor height in the

approved plans.

9. OVERALL PROJECT HEIGHT. Maximum overall height of the project, including any grading,

foundation, pad, and building elevations shall be calculated using the elevation points

indicated on the topographic survey map submitted at the time of application. The

approved height of all projects developed in the City will be measured from existing grade

as indicated on the submitted topographical survey. (Building)

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10. COMPLETION OF UTILITIES. Any public utilities requiring relocation as a result of the

construction of the building(s) or improvements under this permit shall be relocated at the

owner’s expense. (Building)

11. CONSTRUCTION HOURS. Construction work shall be limited to the hours of 7:00 a.m. to

6:00 p.m. Monday through Friday; 8:00 a.m. to 6:00 p.m. Saturdays; and 10:00 a.m. to 6:00

p.m. Sundays and holidays, except as expressly authorized by the City Engineer in

conformance with Section 14.40.020 of the Half Moon Bay Municipal Code. (Engineering)

12. NOTICE OF DISRUPTION. The permittee shall provide written notice to affected property

and business owners and a copy of such notice to the City Engineer a minimum of two

business days prior to any planned disruption of pedestrian or vehicular traffic, parking, or

public service facilities. (Engineering)

13. CONSTRUCTION MATERIAL STORAGE. Construction material shall not be stored in the

street right-of-way without issuance of a Temporary Encroachment Permit. (Engineering)

14. ENCROACHMENT PERMIT. The permittee shall obtain an Encroachment Permit prior to

starting any construction activity within the City right-of-way or affecting City

improvements. All improvements constructed within the City right-of-way shall conform to

City standards to the satisfaction of the City Engineer. (Engineering)

D. The following conditions shall be implemented to the satisfaction of the

Community Development Director prior to issuance of an occupancy permit:

1. EXTERIOR COLORS AND MATERIALS. Exterior building colors and materials shall be in

substantial conformance with those shown on the approved color and materials board

date-stamped 09/29/17 to the satisfaction of the Director of Community Development.

(Planning)

2. DISPLAY OF STREET ADDRESS. Prior to issuance of a Certificate of Occupancy, the

residential dwellings shall display an internally-illuminated street address number in a

prominent location on the dwelling, visible from the street (a minimum of 6 feet above the

surface of the driveway), and with contrasting background and letters/numbers that are 4

inches in height with a minimum 3/4–inch stroke. Where a building is set back from the

street or otherwise obscured, a street address with 3-inch reflective numbers/letters shall

also be provided near the driveway entrance leading to the dwelling. (Fire/Building)

3. DESIGNATION OF RESIDENTIAL PARKING SPACES. Prior to issuance of a Certificate of

Occupancy, the parking lot shall be striped and signage shall be provided to reserve six

parking spaces, one per each multi-family unit, to ensure that each household always has at

least one parking space available on site.

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E. Validity and Expiration of Permits

1. EFFECTIVE DATE. This site is located within the Coastal Appeal Zone. This permit shall take

effect after expiration of the Coastal Commission appeal period, or if the permit is appealed

to the Coastal Commission during the appeal period, it shall take effect after final Coastal

Commission action. (Planning)

2. ACCURACY OF APPLICATION MATERIALS. The permittee shall be responsible for the

completeness and accuracy of all forms and material submitted for this application. Any

errors or discrepancies found therein may be grounds for the revocation or modification of

this permit and/or any other City approvals. (Planning)

3. PERMIT EXPIRATION. The Coastal Development Permit (CDP), Use Permit, Architectural

Review and Parking Exception shall expire one year from its date of final approval if the

use/development has not commenced in conformance with this permit or the applicant has

not obtained an extension of the permit.

4. PERMIT EXTENSION. The Community Development Director may, at the Director’s

discretion, approve a Minor Amendment for a single one-year extension of this permit

based on a written request and fee submitted to the Director prior to expiration of the

permit. Submittal of a Building Permit application with development plans prior to

expiration of the permit shall constitute an extension of this permit until the building permit

is issued or until the Building Official determines the applicant is no longer diligently

pursuing the required building permit. Any other extension shall require approval of a

Major Permit Amendment prior to expiration of the permit. Any Major Permit Amendment

Application to extend the permit shall be filed a minimum of ninety (90) days prior to permit

expiration to ensure adequate processing time. (Planning)

5. PERMIT RUNS WITH THE LAND. The approval runs with the land and the rights and

obligations thereunder, including the responsibility to comply with conditions of approval,

shall be binding upon successors in interest in the real property unless or until such permits

are expressly abandoned or revoked. (Planning)

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6. HOLD HARMLESS. The permittee agrees as a condition of approval of this application to

indemnify, protect, defend with counsel selected by the City, and hold harmless, the City,

and any agency or instrumentality thereof, and its elected and appointed officials, officers,

employees and agents, from and against an and all liabilities, claims, actions, causes of

action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of

whatever nature, including reasonable attorney’s fees and disbursements (collectively,

“Claims”) arising out of or in any way relating to the approval of this application, any actions

taken by the City related to this entitlement, any review by the California Coastal

Commission conducted under the California Coastal Act Public Resources Code Section

30000 et seq., or any environmental review conducted under the California Environmental

Quality Act, Public Resources Code Section 210000 et seq., for this entitlement and related

actions. The indemnification shall include any Claims that may be asserted by any person

or entity, including the permittee, arising out of or in connection with the approval of this

application, whether or not there is concurrent, passive or active negligence on the part of

the City, and any agency or instrumentality thereof, and its elected and appointed officials,

officers, employees and agents. The permittee’s duty to defend the City shall not apply in

those instances when the permittee has asserted the Claims, although the permittee shall

still have a duty to indemnify, protect and hold harmless the City. (City Attorney).

OWNER’S/PERMITTEE’S CERTIFICATION:

I have read and understand and hereby accept and agree to implement the foregoing conditions

of approval of the Coastal Development Permit.

APPLICANT:

___________________________________ ________________________

(Signature) (Date)

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Documents

PLANNING COMMISSION CITY OF HALF MOON BAY AGENDA...STAFF REPORT 390 Myrtle Street ATTACHMENT 1 Resolution. Findings & Conditions ATTACHMENT 2 Plans ATTACHMENT 3 Geotechnical Study