Commission's decision and approves PDPâ17â040. ..... the appropriate permit application to the City's Building and Engineering Divisions for revie...0 downloads 1 Views 217KB Size
Resolution No. C‐2018‐____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY DENYING THE APPEAL OF THE P LAN N IN G C OM MIS S ION DE CIS ION DEN YI N G T H E A P P EA L O F T H E DIRECTORS DECISION APPROVING A COASTAL DEVELOPMENT PERMIT AND ARCHITECTURAL REVIEW TO ALLOW THE CONSTRUCTION OF A NEW 4,301 SQUARE‐FOOT TWO‐STORY, SINGLE‐FAMILY RESIDENCE ON A 9,030 SQUARE‐FOOT LOT AT 525 RAILROAD AVENUE IN THE R‐1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT AND THE RESIDENTIAL‐MEDIUM DENSITY GENERAL PLAN DESIGNATION (APN 056‐133‐350)
WHEREAS, an application was submitted requesting approval of Coastal Development Permit and Architectural Review to allow the construction of a new 4,301 square‐foot two‐story, single‐family residence on a 9,030 square‐foot lot at 525 Railroad Avenue in the R‐1 Single Family Residential Zoning District and the Residential Medium Density General Plan designation (APN 056‐133‐350); and WHEREAS, the procedures for processing the application have been followed as required by law; and WHEREAS, the Community Development Director conducted a duly noticed public hearing on December 13, 2017 and approved the project, at which time all those desiring to be heard on the matter were given an opportunity to be heard; and WHEREAS, an application for appeal was filed on January 5, 2018, appealing the Director’s decision to the Planning Commission; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on February 13, 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 denied the appeal; and WHEREAS, an application for appeal was filed on February 28, 2018, appealing the Planning Commission’s decision to the City Council; and WHEREAS, the City Council conducted a duly noticed public hearing on April 17, 2018, at which time all those desiring to be heard on the matter were given an opportunity to be heard; and WHEREAS, the City Council considered all written and oral testimony presented for Consideration and denied the appeal; and WHEREAS, the City Council has determined that the requested Coastal Development Permit and Architectural Review for the construction of a new 4,301 square‐foot two‐story, single‐family residence is exempt from CEQA pursuant to California Code of Regulations Section 15303(a) which exempts the construction of one single‐family residence; and WHEREAS, the City Council has made the required findings for denying the appeal and upholding the Director’s decision to approve 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 City Council denies the appeal of the Planning Commission’s decision and approves PDP‐17‐040.
PASSED AND ADOPTED by the City of Half Moon Bay City Council at a duly noticed public hearing held April 17, 2018. ***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the day of , 2018 by the City Council of Half Moon Bay by the following vote: Ayes, Councilmembers: Noes, Councilmembers: Absent, Councilmembers: Abstain, Councilmembers: Attest: APPROVED: ___________________________ _____________________________ Jessica Blair, City Clerk Deborah Penrose, Mayor
EXHIBIT A FINDINGS AND EVIDENCE City Council Resolution C‐2018‐__ PDP‐17‐040
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 has been subject to design review by the PLANNING COMMISSION.
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 Resolution C‐2018‐__
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 the requirements of the Single Family Residential Zoning District, which allows residential uses. The proposed setbacks, lot coverage, height, parking and open space meet the requirements of the R‐1 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 available at the site. A 5/8” non‐priority water connection has been assigned to the property. Sanitary sewer line is with the Railroad Avenue right of way. The existing infrastructure is adequate to support the development of the new residence on the site.
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.
6. Design Review Criteria – The 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 proposed residential design (including building scale, massing, detailing, colors, and materials) and the site design (including building location and orientation, site access, and landscaping) conform to all applicable requirements of the Zoning Code and are consistent with the recommendations of the Residential Design Guidelines.
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 land use 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. The proposed project has been designed in conformance with the requirements of the R‐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.
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 Resolution C‐2018‐__
Evidence: Zoning Code Section 18.06.010 states that the intent of the residential land use chapter is to provide appropriately located areas for residential development and guide the orderly development within each residential 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.
The proposed project has been designed in conformance with the requirements of the R‐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 “maintaining strong property values, compatible neighborhoods, and a healthy environment.”
3. The project has been designed in conformance and consistency with the Single‐Family Residential Design Guidelines (where applicable).
Evidence: The design of the new residence conforms to the recommendations of the Residential Design Guidelines in regard to site design, massing and scale, roof form, privacy, window design, and materials and colors.
The design of the proposed residence generally reflects the neighborhood pattern in terms of site design. In compliance with Design Guideline 2‐1, the 20 foot front yard setback of the proposed home would be consistent with the overall setback pattern along the Railroad Avenue.
Attention to detail has been given to the design and materials of both the new home and site improvements. Pervious pavers have been selected in a natural color for all hard surfaces on the property. Casement windows with grids have been selected throughout the new home, providing visual interest to the neighborhood development. Gable roof elements covered in composition shingles would be utilized on all sides of the new home, providing consistent building articulation in compliance with Guideline 3‐18. A variety of exterior materials have been selected, including hardi shingles, horizontal lap siding on the second story and hardi panel along the first story. Exterior materials are consistent throughout all sides.
As suggested by Guideline 3‐42, a double carriage style door design has been utilized. A decorative trellis has also been placed above the garage doors, further adding depth and interest to the garage face.
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 (a) in that the project consists of the construction of one single‐family residence.
EXHIBIT B CONDITIONS OF APPROVAL City Council Resolution C‐18‐__ PDP‐17‐040
A. The following Conditions shall apply to the subject site to the satisfaction of the Planning Commission:
CONFORMANCE WITH APPROVED PLANS. Development of the site shall conform to the approved plans entitled Taffera Family Trust 525 Railroad Avenue Half Moon Bay, CA with a City date stamp of September 20, 2017, except for any revisions required by this permit. The Planning Commission 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)
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)
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)
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)
SITE FRONTAGE MAINTENCE 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 improvements along the project frontage in a safe and non‐dangerous condition. Frontage 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)
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. Landscaping shall be maintained to comply with the landscape height limits in condition of approval B.2. (Planning)
B. The following Conditions shall be fulfilled to the satisfaction of the PLANNING COMMISSION 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) Lot Coverage calculation on the plans shall be modified to include the 74 square feet portion of the front porch beyond the second story balcony. b) All landscaping within the following areas of the property shall be limited to 7 feet in height: i. within the rear yard,
ii. within 14 feet of the north side property line,
iii. within 12 feet of the south side property line. (Planning)
3. DEVELOPMENT IMPACT FEES. The following impact fees shall be paid to the City prior to issuance of building permits in conformance with the City’s adopted Master Fee Schedule: a) Sewer Connection Fee b) Storm Drainage Fee c) Capital Outlay Facilities Fee d) Traffic Mitigation Fee e) 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 Certificate issued for the property has not expired and remains valid to the satisfaction of the Community Development Director. (Planning) 6. CONSTRUCTION PLANS. File Number PDP‐17‐040 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 Resolution C‐2018‐__
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)
7. 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. (Planning)
8. 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 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)
9. 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)
10. 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)
11. 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)
12. 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).
13. LOT GRADING, MATERIALS, EQUIPMENT AND VEHICLE STORAGE. No lot site grading, preparation, storage, or placement of construction materials, equipment, or vehicles shall Resolution C‐2018‐__
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)
14. STREET FRONTAGE IMPROVEMENTS. Construction plans submitted for building permits shall include design plans for construction of street improvements across the project frontage on Railroad Avenue in conformance with City Design Standards for approval by the City Engineer. The frontage improvements shall include the following:
a) b) c)
Construction of curb, gutter, and driveway aprons; Removal and replacement of broken or uplifted curb and gutter (concrete color and scoring shall match existing); The existing 5 foot easement along the property frontage shall be available for landscape reserve. The landscape reserve shall be available for any landscaping or pedestrian access as requested by the City Engineer. (Engineering)
15. 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 the 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)
16. 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. Permittee shall also submit the ‘stormwater checklist for small projects’ with the building plan submittal. (Engineering)
17. 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)
18. 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) 19. 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)
20. 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. Two or more street cuts for utility connections will require a single 2‐inch asphalt concrete overlay patch on existing pavement across the property frontage. (Engineering)
21. SEWER CONNECTION FEE. The proposed development is subject to a sewer connection fee pursuant to Section 13.36.070 of the Half Moon Bay Municipal Code. The fee shall be paid to the City prior to issuance of building permits. (Engineering)
22. 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)
23. FIRE SPRINKLERS AND FIRE DISTRICT REQUIREMENTS. Pursuant to Fire District ordinance, the permittee shall install an automatic fire sprinkler system throughout the proposed or Resolution C‐2018‐__
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)
24. HARD‐WIRED SMOKE DETECTORS/ALARMS. Pursuant to the City 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)
25. 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)
26. 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 to the satisfaction of the Community Development Director 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 Resolution C‐2018‐__
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 s u b s u r f a c e 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 r e q u i r e d 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)
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 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)
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.
8. BUILDING PAD ELEVATION. The building pad shall be at least one‐foot above the centerline crown of the roadway or the top of the curb. (Engineering)
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)
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. Construction activities shall conform to the Construction Management Plan prohibiting any activity across the street. (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 08/10/17 to the satisfaction of the Director of Community Development. (Planning)
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. If a deferred street agreement is not executed prior to issuance of building permits, 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 Certificate of Occupancy, the residential dwelling shall display an internally‐illuminated street address Resolution C‐2018‐__
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. The site is not located within the Coastal Commission Appeal Zone. 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) and Architectural Review 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) Resolution C‐2018‐__
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.