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Planning Commission Minutes March 4, 2008



Regular Meeting

Tuesday, March 4, 2008

Council Chambers, Daly City



Chair Satorre called the meeting to order at 7:00 p.m.


ROLL CALL:         Present:             Smith, Kelly, Satorre, Salamy, and Tallerico


      Staff Present:     Schott, Mothershead, Naughton, and Courtney


APPROVAL OF MINUTES:  Moved by Commissioner Kelly, seconded by Commissioner Tallerico, to approve the minutes of February 6, 2008.  Motion carried 5-0.




10.       Use Permit UP07-8 and Environmental Assessment to construct new deck, replace fence, addition to lower level, and garage reconfiguration – 35 Seaview Drive


Staff report presented by:       Jeanne Naughton, Associate Planner


Ms. Naughton presented the request by applicants Roberto Orantes and Karla Ramirez to obtain coastal development permit approval to replace an existing fence, construct a first-floor addition and a second-story deck, and reconfigure existing garage.


The site is located on a coastal bluff top, within the Coastal Zone Boundary, and zoned R-1 Single-family Residential. A Coastal Development Permit is required for the proposed addition, fence replacement and second-level deck.


The second-level deck would be located at the rear of the residence. Resulting lot coverage would be 42%, within the 50% maximum allowed.  The applicants’ proposal includes replacing the existing six-foot fence with a three-foot fence. According to a geological reconnaissance report, the proposed deck would be located 300 feet from the crown of the nearest bluff, which exceeds the minimum 50-foot slope-top setback mandated by the Zoning Ordinance. The report has concluded that “the proposed project will not endanger life and property and will not require protective structures at any time during a 50 year design life of the project.”


The existing two-car tandem garage will be reconfigured to be a two car side by side garage. The rest of the lower level will be replaced with living area, including the 33 square foot addition, which is all permitted by Code. It should be noted that this is not a secondary unit; however, should the applicant choose to apply for a secondary unit at this location in the future, a separate Planning Division application would be required and additional development standards met.


Ms. Naughton concluded her presentation with staff’s recommendation for approval.


Commissioner Tallerico confirmed the rooms down will not contain any cooking facilities and recommended the current construction be completed along with the new scope of work and the scaffolding currently on site be removed.


                        Speakers:        Irina Rudovsky, 39 Seaview Drive

                                                Melissa Farley, 43 Crestview Drive

                                                R. C. Greene, 31 Seaview Drive

                                                Roberto Orantes, 35 Seaview Drive, applicant


Two speakers voiced their concerns for bluff stability during construction and loss of privacy due to the proposed deck placement.  Ms. Mothershead, Senior Planner, responded to an inquiry from Commissioner Kelly that there is no code regulating privacy.  One speaker favored the proposal and gave a brief summary of his home alteration experience eighteen years ago which required stability testing by a licensed engineer/geologist.  The test determined houses in the area were pretty stable due to the distance from the bluff.


The applicant, Robert Orantes, stated the required engineering testing was done and stability issues exist on the other side of the canyon.  Mr. Orantes said his intention is not to invade anyone’s privacy but simply enjoy his view.


Commissioner Smith asked the applicant if he would be inclined to put up any type of privacy screen on one side of the deck.  Mr. Orantes said he did consider a privacy screen but it would block his neighbor’s view and presented photos of the rear of his property to the Commissioners to illustrate the point.


Commissioner Tallerico noted the geological studies were quite intensive and stability does not appear to be an issue at the subject site.




            Moved by Commissioner Kelly, seconded by Commissioner Tallerico, to close the public hearing. Motion carried 5-0.


            Moved by Commissioner Kelly, seconded by Commissioner Salamy, to adopt the findings as outlined in the staff report of March 5, 2008.  Motion carried 5-0.


            Moved by Commissioner Salamy, seconded by Commissioner Tallerico, to affirm the Environmental Assessment.  Motion carried 5-0.


            Moved by Commissioner Salamy, seconded by Commissioner Tallerico, to approve Use Permit UP07-8 subject to the Findings and Conditions as outlined in the staff report of March 5, 2008.  Motion carried by a unanimous roll call vote.




            Meeting adjourned by Chair Satorre at 7:25 p.m.



                                                                        Respectfully submitted,




                                                                        Richard Berger

                                                                        Director of Economic and Community Development