COUNTY OF SAN MATEO PLANNING AND BUILDING DEPARTMENT

DATE: December 19, 2013 TO: Zoning Hearing Officer FROM: Planning Staff SUBJECT: Consideration of a Coastal Development Permit, Use Permit, and Design

Review Permit, pursuant to Sections 6328.4, 6267.1, and 6268, respec-tively, of the San Mateo County Zoning Regulations, to convert a former flower shop into a delicatessen located at 450 Capistrano Road in the unincorporated Princeton area of San Mateo County. The project is appealable to the California Coastal Commission.

County File Number: PLN 2013-00448 (Point Pillar Project Developers, LLC) PROPOSAL The applicant is proposing to convert a former flower shop building into a delicatessen at 450 Capistrano Road in Princeton. The project includes no exterior changes to the existing 650 sq. ft. single-story building, except for the addition of one 16 sq. ft. business sign on the front elevation. Additionally, a redwood deck, elevated 10 inches above ground, is proposed to be constructed in front of, and along the sides of, the building with 6-ft. tall redwood posts around its perimeter and plexiglass panels. A pair of 6-ft. tall wrought iron gate doors will be located along the front fence to provide pedestrian access from Capistrano Road. The delicatessen will accommodate up to 14 indoor seats and up to 16 outdoor seats (deck area). The project includes striping an existing (on-site) paved parking lot area behind the building to accommodate 21 parking spaces. This parcel includes a second building, 850 sq. ft., used as a gift and jewelry shop and under different tenancy. The project site is within the Cabrillo Highway County Scenic Corridor. RECOMMENDATION That the Zoning Hearing Officer approve the Coastal Development Permit, Use Permit, and Design Review Permit, County File Number PLN 2013-00448, by adopting the required findings and conditions of approval listed in Attachment A. BACKGROUND Report Prepared By: Summer Burlison, Project Planner; 650/363-1815 Applicant: Seville Tapas, Inc. (Catherine and David Yaque)

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Owner: Pillar Point Project Developers, LLC Location: 450 Capistrano Road, Princeton APN: 047-081-260 Parcel Size: 20,370 sq. ft. Existing Zoning: CCR/DR/CD (Coastside Commercial Recreation/Design Review/Coastal Development) General Plan Designation: Coastside Commercial Recreation Sphere-of-Influence: City of Half Moon Bay Existing Land Use: Vacant Building, Former Flower Shop; Gift Shop Water Supply: Coastside County Water District Sewage Disposal: Granada Sanitary District Flood Zone: Zone X (0.2% annual chance of flood); Community Panel Number 06081C0138E, effective October 16, 2012. Environmental Evaluation: Categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15303, Class 3, for the new construction of small structures and the conversion of an existing structure from one use to another where only minor exterior modifications are made. Setting: The project site is located on the east side of Capistrano Road with commercial recreation serving uses to the north and south, agricultural land to the east, and a vacant parcel to the west (across Capistrano Road). The parcel is located within the Cabrillo Highway County Scenic Corridor. The project parcel consists of two smaller, single-story buildings set back approximately 22 ft. from the front property line. The subject (northern) building, 450 Capistrano Road, was previously a flower shop and is now vacant. The other (southern) building located on the parcel, 440 Capistrano Road, is a gift and jewelry retail store (Nasturtium Art of Living). The two buildings sit approximately 25 ft. apart. A paved shared driveway off Capistrano Road is used to access the on-site paved (unstriped) parking lot behind the buildings. The subject building stands 16 ft. in height with a pedestrian door and two windows on the front elevation, a smaller window on each side elevation, and a pedestrian door on the rear elevation. Wood fencing is located along the rear of the building and the front yard area is sparsely vegetated with grass.

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DISCUSSION A. KEY ISSUES 1. Conformance with General Plan Staff has determined that the project complies with all applicable County

General Plan Policies, specifically: Visual Quality Policy 4.35 (Urban Area Design Concept) seeks to maintain and improve

upon the appearance and visual character of development in urban areas, and to regulate commercial signs and outdoor advertising by using a consolidated set of standards.

The existing wood-constructed, single-story building is compatible with the

design and appearance of the adjacent wood and stucco-constructed, single-story buildings along Capistrano Road. Exterior building changes include adding a 16 sq. ft. business sign on the front elevation. While there are no specific sign regulations relative to size for the Coastside Commer-cial Recreation District, the proposed sign will be less than 10% of the front building wall elevation (excluding windows and doors) and will be in scale with the building and surrounding commercial developments. A redwood deck (10 inches above grade) is proposed around the front and sides of the business with a 6-ft. high post and plexiglass paneled perimeter, similar to the nearby Half Moon Bay Brewery’s outdoor seating area, and wrought iron entrance gates. The deck is intended to accommodate outdoor tables and benches, up to 16 seats, associated with the delicatessen use.

General Land Use Policies Policy 7.15 (Designation of Land Uses), Table 7.15P (General Plan Land

Use Designations), and Policy 7.16 (Land Use Objectives for Urban Areas) seek to apply land use designations where appropriate to urban areas to meet land use objectives that include revitalizing existing developed areas and discouraging urban sprawl.

The parcel’s land use designation is Coastside Commercial Recreation

(CCR), which identifies trade and distribution uses including, but not limited to, retail trade and service uses. The proposed project is consistent with the CCR land use designation as the project consists of a delicatessen intended to serve both the visiting and local community in the Princeton area. Furthermore, the proposed project will revitalize an existing vacant building.

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Urban Land Use Policies Policy 8.19 (Redevelopment) and Policy 8.39 (Parking Requirements)

encourage the redevelopment of existing commercial land uses in a manner that is compatible with surrounding land uses, regulate minimum on-site parking requirements and standards to accommodate the parking needs of development, provide convenient and safe access, prevent congestion of public streets, and establish orderly development patterns.

As previously mentioned, the proposed project will convert an existing

vacant building into a delicatessen that will provide food service to the visiting and local community. The proposed use is compatible with surrounding land uses, which include food and bar service establishments, a jewelry/gift shop, a hotel, and other retail shops. Furthermore, the project includes striping the rear parking lot area to meet the minimum designated on-site parking spaces required for the uses on the property. The parking lot is accessed by an existing shared driveway off Capistrano Road.

2. Conformance with Local Coastal Program Staff has determined that the project complies with all applicable Local

Coastal Program (LCP) policies, specifically: Locating and Planning New Development Component Policy 1.4 (Designation of Urban Areas) and Policy 1.5b (Land Uses and

Development Densities in Urban Areas) designate as urban those lands shown inside the urban/rural boundary on the Land Use Plan Maps, including Montara, Moss Beach, El Granada, Princeton and Miramar; and permit in urban areas the use and amount of development allowed on a parcel that is compliant with the density credit requirements of Policy 1.8c and Table 1.3 of the LCP.

The project site is located in the unincorporated Princeton area and thus

designated for urban use. Policy 1.8c(3) regarding the Amount of Development Allowed for Visitor-Serving, Commercial Recreation, and Public Recreation Uses allows the amount of development for one/first density credit to be 1.5 times the amount stated in Table 1.5, provided the proposed visitor-serving, commercial recreation, or public recreation use is consistent with the types of uses listed in LCP Policies 11.1, 11.2, or 11.3, and only if the use enhances public opportunities for coastal recreation. The project parcel, based on size, has one density credit. According to Policy 11.1 (Definition of Visitor-Serving Facilities), food establishments, including food concessionaires and restaurants such as the proposed delicatessen, are considered visitor-serving facilities. As such, Table 1.5 allows 28.60 seats per density credit for restaurants with eating areas. Thus, the parcel’s

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one density credit allows 42.9 seats (28.60 x 1.5 for one/first density credit).1 The project proposes up to 30 seats maximum (14 indoor and 16 outdoor). Therefore, the use and amount of development is consistent with the density credit requirements of the LCP.

Visual Resources Component Policy 8.12 (General Regulations) requires the application of Section

6565.17 (Design Review Districts) of the Zoning Regulations and the design criteria set forth in the Community Design Manual for all development in urban areas of the Coastal Zone, as discussed below:

Design Review District Section 6565.17 and Community Design Manual Paved Areas. Paved areas should be integrated into the site, relate to their

structure, and be landscaped to reduce visual impact from residential areas and from roadways. Driveways should be shared when feasible to reduce curb cuts.

Vehicle access onto the project site consists of a shared driveway off

Capistrano Road to a paved on-site parking lot behind the project building. The project includes striping the parking lot to accommodate a total of 21 parking spaces (20 standard spaces, one handicap accessible space) with a two-lane drive aisle. There are no nearby residential areas and the parking lot is minimally visible from any public views or roadways.

Colors and Materials. Varying architectural styles should be made

compatible through the use of similar materials and colors which blend with the natural setting and surrounding neighborhood; the use of natural and earth colors are encouraged.

The existing single-story building is constructed of wood with a flat parapet

and mansard style roof, painted a terra cotta color with beige trim. Development along Capistrano Road includes gable, hip and flat roofed buildings constructed of wood and stucco and ranging from one to three stories in height. Building colors along this commercial corridor include greyish-blues (Oceano Hotel, Half Moon Bay Brewery, Old Princeton Landing, American Legion Hall), beige (Mezza Luna, Nasturtium), and terra cotta (Barbara’s Fish Trap, project building, and Nasturtium).

Structural Shapes and Scale. The design of the structure should be

appropriate to the use of the property and should be in harmony with the shape, size and scale of adjacent buildings in the community.

1 The adjacent gift shop, located at 440 Capistrano Road (same parcel), does not qualify as a land use subject to Table 1.5.

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The 650 sq. ft. building is a single-story building of simple design that is compatible with the design and appearance of adjacent and nearby commercial buildings.

Signs. Signs should be simple, well designed and constructed of materials

which harmonize with their surroundings. One business sign is proposed on the front exterior elevation. The sign will

be approximately 16 sq. ft. in size, which is less than 10% of the front building wall (excluding windows and doors) and is in scale with the building and surrounding commercial developments. A condition of approval is included in Attachment A that requires the applicant to submit a copy of the final sign plan details, including colors and materials, to the Current Planning Section for review and approval prior to the issuance of a (sign) building permit.

Policy 8.13b (Special Design Guidelines for Coastal Communities) applies

supplemental design criteria for the Princeton-by-the-Sea community which require structures be designed to reflect the nautical character of the harbor setting, are of wood or shingle siding, employ natural or sea colors, and use pitched roofs.

No exterior changes are proposed to the building; however, the building is

compatible in design, color and material to surrounding development, including wood siding and flat parapet style roofing. The building is appropriately scaled to the site and surrounding development. Furthermore, the proposed wood deck with post and plexiglass panel perimeter is not an uncommon feature for providing outdoor areas on the Coast (example: Half Moon Bay Brewery).

Policy 8.32 (Regulation of Scenic Corridors in Urban Areas) seeks to apply

the regulations of the Design Review Zoning Ordinance, the design criteria of the Community Design Manual, and specific design guidelines for Montara, Moss Beach, El Granada, Princeton-by-the-Sea, San Gregorio, and Pescadero as set forth in Urban Design Policies of the LCP. See staff’s response in the above discussions.

Recreation/Visitor-Serving Facilities Component Policy 11.4 (Recreation and Visitor-Serving Facilities Permitted in the

Coastal Zone) permits necessary visitor-serving facilities that consist of public and private developments that are exclusively available to the general public and provide necessary basic visitor support services, such as lodging, food, water, and restrooms. The project will result in a new food service establishment intended to serve both the visiting and local community.

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Policy 11.5 (Priority to Visitor-Serving and Commercial Recreation Facilities) and Policy 11.6 (Concentrated Development in the Midcoast) give priority to concentrating visitor-serving, commercial recreation, and/or public recreation facilities on designated Midcoast lands.

The project parcel is zoned Coastside Commercial Recreation which is

intended for uses and development that are primarily oriented toward meeting the service and recreational needs of Coastside visitors and residents. The proposed delicatessen is intended to be a small “grab and go” establishment (to include tapas, sandwiches, soups) that provides an alternative food option to the more full-service restaurants nearby. This type of establishment may provide an added convenience for people visiting the area for outdoor recreational purposes. Proposed business hours are 9:00 a.m. to 8:00 p.m., seven days a week. Furthermore, the project site is able to accommodate on-site parking, as well as pedestrian traffic due to the existing sidewalk adjacent to the project parcel, running along Capistrano Road.

Policy 11.15 (Private Recreation and Visitor-Serving Facilities) requires that

private recreation and visitor-serving facilities conform to the development and locational standards included throughout the LCP, the design standards of the Visual Resources Component, the intensities of use appropriate to the rural or urban setting, and to the requirements of the individual site.

The proposed project conforms to the applicable development and

locational standards as discussed in this section of the staff report, along with the design standards of the Visual Resources Component as discussed above.

3. Conformance with Zoning Regulations Coastside Commercial Recreation District Regulations The project site is located within the Coastside Commercial Recreation

(CCR) Zoning District, which allows “food and beverage stores” which are defined as commercial establishments engaged in the retail sale primarily of various packaged foods and beverages for home preparation and consump-tion including, but not limited to, grocery stores, bakeries and delicatessens, subject to a use permit. The CCR Zoning District also allows “restaurants” which are defined as commercial establishments that primarily serve prepared food to the general public for immediate consumption on the premises, subject to a use permit. While on-site seating will be offered, the delicatessen is primarily intended to focus on providing a “grab and go” food establishment environment.

Furthermore, the proposed project complies with the development standards

of the CCR Zoning District, as identified below:

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Required Standard Existing

Minimum Yard Setbacks

Front None 22 ft.

Rear None >50 ft.

Left Side 5 ft. 20 ft.

Right Side 5 ft. 25 ft.1

Combined Sides 15 ft. >15 ft.

Maximum Building Height 36 ft. 16 ft.

Maximum Lot Coverage 50% 7.4%2

Maximum Impervious Surface Area3 10% 30%4 1 From adjacent building, 440 Capistrano; same parcel. 2 Includes both buildings on project parcel. 3 Impervious structures less than 18” in height. 4 Includes existing buildings and paved parking area; considered a non-conforming

situation pursuant to Section 6132(14) where minor improvements (striping) is allowed pursuant to Section 6136(2) of the Zoning Regulations.

Protection of Coastal Resources and Siting. Development shall be sited

and designed to provide maximum feasible protection of coastal resources including, but not limited to, marine views.

The project site is located on the east side of Capistrano Road, with existing

development consisting of two smaller, single-story buildings set back approximately 22 ft. from the front property line. The proposed perimeter fencing around the deck will consist of 4x4 posts spaced approximately 4.5 ft. on center with plexiglass panels and a 7’-8” wide pair of wrought iron entrance gates. These construction materials will minimize any obstructions of marine views.

Parking Areas. When a project requires more than 10 off-street parking

spaces for development within a 1/4 mile along the nearest public road from an established shoreline access, a minimum of 20% of these parking spaces shall be available for shoreline access parking between 10:00 a.m. and 4:00 p.m. Signs shall be posted designating spaces available for shoreline access parking.

According to the LCP’s Existing Midcoast Shoreline Access Map, Denniston

Creek Shoreline Access is located within a 1/4 mile of the project site. Therefore, staff has included a condition of approval that sign postings be provided for 20% of the required parking spaces (specifically, three parking spaces) for designation as shoreline access parking between the hours of 10:00 a.m. and 4:00 p.m.

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Parking Regulations Pursuant to Chapter 3 (Parking) of the County Zoning Regulations, one on-

site parking space is required per three seats or stools for food establish-ments. The delicatessen proposes up to 30 seats (including up to 14 indoor seats and 16 outdoor seats). Therefore, the total maximum number of parking spaces required is 10. Furthermore, the adjacent gift shop at 440 Capistrano Road (same parcel) is approximately 850 sq. ft. in size. Commercial retail space requires one on-site parking space per 160 sq. ft. of gross floor area. Thus, the gift shop requires a total of 5.3 parking spaces (which is rounded down to five pursuant to Section 6118.d.4 of the Zoning Regulations). Overall, a total of 15 parking spaces are required for the site where a total of 21 parking spaces will be provided (20 spaces and one handicap accessible parking space) in the existing paved parking lot behind the buildings.

Use Permit Findings In order for the Zoning Hearing Officer to approve a use permit in the

Coastside Commercial Recreation (CCR) District, the following findings are required:

CCR District Use Permit Findings: a. The design and operation of the proposed use will further the

purpose of this Chapter as stated in Section 6265. The purpose of the CCR District is to limit and control the use and

development of land designated as commercial recreation in the LCP in order to establish commercial areas which:

(1) are primarily oriented toward meeting the service and

recreational needs of Coastside visitors, boat users and Coastside residents seeking recreation;

(2) are active and pedestrian-oriented, while meeting the need for

safe and efficient automobile access and parking; (3) have an intimate, human scale; (4) have a unified design theme appropriate to their location; (5) provide public access to nearby coastal areas; and (6) protect coastal resources.

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The proposed project consists of a delicatessen intended to serve recreational users, both visiting and local, in the Princeton area. Furthermore, the proposed project will revitalize an existing vacant building. The 650 sq. ft. single-story building is compatible with the surrounding mix of commercial recreation development along Capistrano Road. Furthermore, the project will provide improvement (i.e., striping) to the existing on-site parking lot for safer and more efficient parking. Overall, the project, which is located on the east side of Capistrano Road, requires minimal exterior site modifications, and will not impact coastal resources, public views, or public access to nearby coastal areas.

b. The design and operation of the proposed use will conform with

the development standards stated in Section 6269. The project conforms to the applicable development standards in

Section 6269 of the CCR District Regulations; see staff’s discussion under the Coastside Commercial Recreation District Regulations section above.

Chapter 24 Use Permit Finding: c. The establishment, maintenance, and/or conducting of the use

will not, under the circumstances of the particular case, result in a significant adverse impact to coastal resources, or be detrimental to the public welfare or injurious to property or improvements in said neighborhood.

There is no evidence to suggest that the proposed delicatessen will

have any detrimental effect upon coastal resources or result in adverse impacts to properties or improvements in the area. The project is compatible with the type and appearance of other existing development along Capistrano Road. As previously mentioned, the proposed delicatessen is intended to be a small “grab and go” establishment (to include tapas, sandwiches, soups) that provides an alternative food option to the more full-service restaurants nearby. This type of establishment may provide an added convenience for people visiting the area for outdoor recreational purposes. Proposed business hours are 9:00 a.m. to 8:00 p.m., seven days a week, which is compatible with the business hours of other commercial establishments along Capistrano Road. The project site is able to accommodate on-site parking, as well as pedestrian traffic via the existing sidewalk along Capistrano Road. Furthermore, the project is not considered a destination attraction that would cause a significant increase or change in pedestrian or vehicle traffic patterns as the use is intended to provide service to people that visit the Princeton area for other primary reasons.

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Design Review Pursuant to Section 6268 (Design Review) of the CCR Zoning Regulations,

and provided the project parcel is located in a Design Review overlay, the project is subject to design review. Non-residential development is required to comply with the design guidelines and criteria of the Community Design Manual and the LCP’s Visual Resources and Special Communities Component. See Section A.2 (Visual Resources Component) for discussion on the project’s compliance with the applicable design review standards of the Community Design Manual and Visual Resources and Special Communities Component of the LCP.

B. ENVIRONMENTAL REVIEW The project is categorically exempt from the California Environmental Quality Act

(CEQA), pursuant to Section 15303, Class 3, for the new construction of small structures and the conversion of an existing structure from one use to another where only minor exterior modifications are made. The proposed project consists of converting a former flower shop, currently vacant building, into a delicatessen. Minor exterior changes include a new business sign on the front building elevation and a wood deck around the front and side yards of the building (10 inches above ground) with 6-ft. post and plexiglass panel fencing and wrought iron entrance gates.

C. REVIEWING AGENCIES Building Inspection Section Department of Public Works Environmental Health Division Coastside Fire Protection District Midcoast Community Council (no response) California Coastal Commission (no response) ATTACHMENTS A. Recommended Findings and Conditions of Approval B. Vicinity Map C. Site Plan D. Floor Plan E. Elevations F. Deck Plan G. Electrical and Plumbing Plans H. Site Photos SSB:fc – SSBX0832_WFU.DOCX

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Attachment A

County of San Mateo Planning and Building Department

RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL

Permit or Project File Number: PLN 2013-00448 Hearing Date: December 19, 2013 Prepared By: Summer Burlison For Adoption By: Zoning Hearing Officer Project Planner RECOMMENDED FINDINGS Regarding the Environmental Review, Find: 1. That the project is categorically exempt from the California Environmental Quality

Act (CEQA), pursuant to Section 15303, Class 3, for the new construction of small structures and the conversion of an existing structure from one use to another where only minor exterior modifications are made. The proposed project consists of converting a former flower shop, currently vacant building, into a delicatessen. Minor exterior changes include a new business sign on the front building elevation and a wood deck around the front and side yards of the building (10 inches above ground) with a 6-ft. post and plexiglass panel fence and wrought iron entrance gates.

Regarding the Coastal Development Permit, Find: 2. That the project, as described in the application and accompanying materials

required by Section 6328.7 and as conditioned in accordance with Section 6328.14, conforms to the plans, policies, requirements, and standards of the San Mateo County Local Coastal Program (LCP), specifically in regard to the Locating and Planning New Development Component, Visual Resources Component (including the Community Design Manual Standards), and Recreation/Visitor-Serving Facilities Component of the LCP. Staff has determined that the project is located in an urban area and complies with the density credit requirements of the LCP. Furthermore, the existing building is visually compatible with the mix of commercial recreation development along Capistrano Road and the project is a visitor-serving food establishment that will serve the needs of Coastside visitors and residents in the area.

3. That the project conforms to the specific findings required by the policies of the

San Mateo County Local Coastal Program (LCP) with regard to Locating and Planning New Development, Visual Resources, and Recreation/Visitor-Serving Facilities, as discussed in Finding No. 2 above.

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Regarding the Use Permit, Find: 4. That the design and operation of the proposed use will further the purpose of this

Chapter (CCR Zoning District) as stated in Section 6265, as the project consists of a delicatessen intended to serve recreational users, both visiting and local, in the Princeton area. The project will revitalize an existing vacant building that is compatible with the surrounding mix of commercial recreation development along Capistrano Road. The project will also provide improvement (i.e., striping) to the existing on-site parking lot for safer and more efficient parking. Furthermore, the project, which is located on the east side of Capistrano Road, will not impact coastal resources, public views, or public access to nearby coastal areas.

5. That the design and operation of the proposed use will conform with the

development standards stated in Section 6269 (CCR Zoning District) since the project, as proposed and conditioned, conforms to the applicable development standards of the CCR District Regulations with regard to setbacks, height, lot coverage, protection of coastal resources, and landscaping.

6. That the establishment, maintenance, and/or conducting of the use will not, under

the circumstances of the particular case, result in a significant adverse impact to coastal resources, or be detrimental to the public welfare or injurious to property or improvements in said neighborhood since there is no evidence to suggest that the proposed project will have any detrimental effect upon coastal resources or result in adverse impacts to properties or improvements in the area. The project is compatible with the type and appearance of other existing development along Capistrano Road and the proposed delicatessen is intended to be a small “grab and go” establishment (to include tapas, sandwiches, soups) that provides an alternative food option to the more full-service restaurants nearby. This type of establishment may provide an added convenience for people visiting the area for outdoor recreational purposes. The project site is able to accommodate on-site parking, as well as pedestrian traffic via the existing sidewalk along Capistrano Road. Furthermore, the project is not considered a destination attraction that would cause a significant increase or change in pedestrian or vehicle traffic patterns as the use is intended to provide service to people that visit the Princeton area for other primary reasons.

Regarding the Design Review Permit, Find: 7. That the project complies with the design guidelines and criteria of the Community

Design Manual and the LCP’s Visual Resources and Special Communities Component as vehicle access to the site is from a shared driveway off Capistrano Road; adequate on-site parking will be provided which is minimally visible from public views; and the design, scale, material, and colors of the existing building complement surrounding commercial recreation development along Capistrano Road.

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RECOMMENDED CONDITIONS OF APPROVAL Current Planning Section 1. This approval applies only to the proposal, documents and plans described in this

report and approved by the Zoning Hearing Officer on December 19, 2013. The Community Development Director may approve minor revisions or modifications to the project if they are consistent with the intent of, and in substantial conformance with, this approval.

2. The Coastal Development Permit, Use Permit, and Design Review Permit shall be

valid for five (5) years from the date of final approval in which time a building permit shall be issued and a completed building inspection (to the satisfaction of the Building Inspector) shall have occurred within 180 days of its issuance. Any extension to these permits shall require submittal of a request for permit extension and payment of applicable extension fees, no less than sixty (60) days prior to expiration. An extension of these approvals will be considered upon written request and payment of the applicable fees sixty (60) days prior to the expiration of the approvals.

3. Any change in use or intensity not already approved shall require an amendment

to the use permit. Amendment to this use permit requires an application for amendment, payment of applicable fees, and consideration at a public hearing.

4. No site disturbance or tenant improvement work shall occur until a valid building

permit has been issued. 5. No development or ground disturbance is permitted within any easements,

including the 10-ft. storm drainage easement located along the north (side) property line and the 10-ft. public utility easement located along the front property line. The building permit submittal shall incorporate revised plans that eliminate the proposed deck encroachment into the 10-ft. storm drainage easement.

6. The existing (two) cargo containers located in the rear parking lot area shall be

removed from the property prior to the issuance of a building permit for this project. Cargo containers are not allowed to be stored on properties, unless being used for construction activities permitted under an issued building permit.

7. A minimum of 20% of the required off-street parking spaces for this parcel

(specifically, three parking spaces) shall be made available for shoreline access parking between the hours of 10:00 a.m. and 4:00 p.m. The applicant shall identify each shoreline access parking space by posting a sign for each space identifying its designated availability for shoreline access parking between the hours of 10:00 a.m. and 4:00 p.m. These spaces shall be identified and included on the site/parking plan submitted for building permit, along with details for the signage (including text).

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8. The applicant shall revise the on-site parking space dimensions to reflect a minimum of 9’ x 19’ per standard parking space. This revised plan shall be incorporated into the plans submitted for building permit. Planning verification shall be required to ensure that the minimum number of on-site parking spaces (based on Chapter 3 of the Zoning Regulations), striping, and designated shoreline access parking spaces, have been completed prior to final building permit inspection.

9. Signage for the use shall be limited to that approved under this permit and shall

require a building permit prior to installation. Final signage plans submitted for building permit shall require review and approval by the Planning Department.

10. Any exterior lighting shall be designed and located so as to confine direct rays to

the subject property and prevent glare in the surrounding area. Any proposed exterior lighting shall be reviewed and approved by the Planning Department (design manufacturer’s “cut sheets”) prior to the issuance of a building permit. Prior to Planning final of the building permit for this project, the applicant shall submit photos verifying the installation of any approved exterior light fixtures.

11. Any new utilities shall be located underground from the nearest existing pole. No

new poles are permitted to be installed. 12. Landscape consisting of native plant species shall be provided for any areas not

developed in the front yard area, except within any utility easement areas. 13. The applicant shall maintain the post and plexiglass panel fencing in good

condition and promptly perform repairs as necessary. All repairs shall match the appearance, materials, and workmanship of the fence as originally constructed.

14. An erosion and sediment control plan shall be submitted as part of the building

permit plans for review and approval prior to the issuance of a building permit. The applicant shall implement the approved erosion and sediment control plan prior to the beginning of any construction activities, and shall maintain erosion and sediment control measures throughout the duration of project construction. Erosion control measure deficiencies, as they occur, shall be immediately corrected. The goal is to prevent sediment and other pollutants from leaving the project site and to protect all exposed earth surfaces from erosive forces. Said plan shall adhere to the San Mateo Countywide Stormwater Pollution Prevention Program “General Construction and Site Supervision Guidelines,” including:

a. Stabilizing any denuded areas and maintaining erosion control measures

continuously between October 1 and April 30. Stabilizing shall include both proactive measures, such as the placement of hay bales or coir netting, and passive measures, such as revegetating disturbed areas with plants propagated from seed collected in the immediate area.

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b. Storing, handling, and disposing of construction materials and wastes properly, so as to prevent their contact with stormwater.

c. Controlling and preventing the discharge of all potential pollutants, including

pavement cutting wastes, paints, concrete, petroleum products, chemicals, wash water or sediments, and non-stormwater discharges to storm drains and watercourses.

d. Using sediment controls or filtration to remove sediment when dewatering

the site and obtaining all necessary permits. e. Avoiding cleaning, fueling, or maintaining vehicles on-site, except in a

designated area where wash water is contained and treated. f. Delineating with field markers clearing limits, easements, setbacks, sensitive

or critical areas, buffer zones, trees and drainage courses. g. Protecting adjacent properties, buildings, and undisturbed areas from

construction impacts using vegetative buffer strips, sediment barriers or filters, dikes, mulching, or other measures as appropriate.

h. Performing earth-moving or ground disturbing activities only during dry

weather. i. Limiting and timing applications of pesticides and fertilizers to prevent

polluted runoff. j. Limiting construction access routes and stabilizing designated access

points. k. Avoiding tracking dirt or other materials off-site; cleaning off-site paved

areas and sidewalks using dry sweeping methods. l. The contractor shall train and provide instructions to all employees and

subcontractors regarding the construction best management practices. 15. To reduce the impact of construction activities on neighboring properties and/or

the public roadways, comply with the following: a. All debris shall be contained on-site; a dumpster or trash bin shall be

provided on-site during construction to prevent debris from blowing onto adjacent properties. The applicant shall monitor the site to ensure that trash is picked up and appropriately disposed of daily.

b. The applicant shall remove all construction equipment from the site upon

completion of the use and/or need of each piece of equipment which shall include but not be limited to tractors, back hoes, cement mixers, etc.

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c. The applicant shall ensure that no construction-related vehicles will impede through traffic along any shared access driveways or public right-of-ways (including Capistrano Road). All construction vehicles shall be parked on-site outside of any public right-of-way. Specifically, the rear parking lot shall be used for construction-related vehicles and staging. There shall be no storage of construction vehicles, equipment, or materials in any public right-of-way or shared driveway.

16. The applicant shall ensure that during construction, noise, light, dust, odor and

other interference with persons and property off the development site is minimized. Furthermore, no hazardous materials shall be stored on-site.

17. Noise levels produced by proposed construction activities shall not exceed the

80-dBA level at any one moment. Construction activities shall be limited to the hours from 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays. Construction operations shall be prohibited on Sundays, Thanksgiving and Christmas.

18. The approved use shall maintain compliance with the noise, odor, and vibration

standards of the Coastside Commercial Recreation District. 19. Any outdoor garbage dumpsters shall be screened by 6-ft. high fencing and/or

landscaping materials for screening purposes. Furthermore, garbage dumpsters are not permitted to be located in the front yard area.

Building Inspection Section 20. Prior to pouring any concrete for foundations or footings, written verification from a

licensed surveyor must be submitted which will confirm that the required setbacks as shown on the approved plans have been maintained.

21. A site drainage plan will be required. This plan must demonstrate how roof

drainage and site runoff will be directed to an approved disposal area. 22. Sediment and erosion control measures must be installed prior to beginning any

site work and maintained throughout the term of the permit. Failure to install or maintain these measures will result in stoppage of construction until the corrections have been made and fees paid for staff enforcement time.

23. This project must comply with the Green Building Ordinance. 24. All drawings must be drawn to scale and clearly define the whole project. 25. Please call out all applicable codes in a code summary on the building permit

plans. The design and/or drawings shall be done according to the 2010 Editions of the California Building Standards Code, 2010 California Plumbing Code, 2010 California Mechanical Code, and the 2010 California Electrical Code.

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26. Building permit plans shall show the accessible way from the right-of-way to the accessible parking, the accessible route to the entrance, and the accessible restroom, counter top and seating.

Coastside Fire Protection District 27. Portable fire extinguishers with a minimum rating of 2A-10BC are required to be

placed throughout your project. Contact a licensed/certified fire extinguisher company for proper placement of the required extinguishers.

28. Building address numbers shall be conspicuously posted in a manner such that

the number is easily and clearly visible from either direction of travel from the street. (TEMPORARY ADDRESS NUMBERS SHALL BE POSTED PRIOR TO COMBUSTIBLES BEING PLACED ON-SITE.) Permanent address numbers shall be of 6-inch height with a minimum 3/4-inch stroke and of a color which is contrasting with the background. Such numerals shall be illuminated and facing the direction of access.

29. The proposed project will require the installation of “Knox Boxes.” These

emergency key boxes are required when access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life saving or fire-fighting purposes. The Fire Chief will determine the location for the key box and provide an authorized order form. For an application or further information, please contact the Coastside Fire Marshal’s Office at 650/726-5213.

30. Contact the Coastside Fire Marshal to schedule a Final Inspection prior to

occupancy and Final Inspection by a Building Inspector. Please allow for a minimum of 72-hour notice to the Fire Department at 650/726-5213.

31. Exit door(s) shall be of the pivoted type or side hinged swinging type. Exit door(s)

shall swing in the direction of exit when serving an occupant load of 50 or more. 32. Exit door(s) shall be operable from the inside without the use of a key, special

knowledge or effort. Exception: Main exit door(s) may be equipped with a keyed-locking device if there is a readily visible sign on or adjacent to the door stating “THIS DOOR TO REMAIN UNLOCKED WHENEVER THE BUILDING IS OCCUPIED.” The letters in the sign shall not be less than 1 inch in height.

33. Pursuant to the Coastside Fire District Ordinance 2010-01, the 2010 California

Fire Code and Public Resources Code 4291: a. Any chimney or woodstove outlet shall have installed onto the opening

thereof an approved (galvanized) spark arrester of a mesh with an opening no larger than 1/2 inch in size, or an approved spark arresting device.

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b. Maintain around and adjacent to such buildings or structures a fuelbreak/firebreak made by removing and clearing away flammable vegetation for a distance of not less than 30 ft. and up to 100 ft. around the perimeter of all structures or to the property line, if the property line is less than 30 ft. from any structure. This is not a requirement nor an authorization for the removal of live trees. Remove that flammable portion of any tree which extends within 10 ft. of the outlet of any chimney or stovepipe, or within 5 ft. of any portion of any building or structures.

c. Remove that dead or dying portion of any tree which extends over the

roofline of any structure. SSB:fc – SSBX0832_WFU.DOCX

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