Strict rules sought for creekside subdivision Strict rules sought for creekside subdivision (July 14, 2004)

By Marion Softky
Almanac Staff Writer

A four-lot subdivision adjacent to San Francisquito Creek should be subject to strict rules that can be enforced; it does not need more study, the San Mateo County Board of Supervisors decided last week.

On July 27, the supervisors will revisit the application of Ted Misselwitz to create a four-lot subdivision on 1.13 creekside acres at the end of Bishop Lane in Stanford Weekend Acres on Alpine Road, just outside of Menlo Park.

Rather than require a new environmental impact report (EIR), the board asked the staff to write strict conditions that would assure that the new residents, and their successors would not -- ever -- infringe on the 25-foot buffer zone between their property and the creek. "We need clearer language," said Supervisor Rich Gordon. "What is the no-development zone, and what does that mean?"

On July 6, the board reversed the Planning Commission's decision to require an EIR to resolve technical issues, controversy, and confusion surrounding the proposed subdivision. "I have serious doubts what a focused EIR would help us do," said Supervisor Gordon.

The Bishop Oaks subdivision is proposed at the top of an 18-foot bank on an inside bend of the occasionally rampaging stream.

"They are not looking at the impact on downstream properties," said neighbor Janet Davis. "Every time there is construction upstream, we get more flooding. My property lost 8-to-12 feet of bank in one night."

Neighbors in the unincorporated community of old summer homes squeezed between Alpine Road and the creek were divided for and against the subdivision. Several complained about lack of enforcement of county rules on previous new construction.

Lennie Roberts of the Committee for Green Foothills and several neighbors said a resident had installed a chain-link fence and lawn on nearby Sneckner Lane in violation of county conditions. Ms. Roberts asked the supervisors to establish conditions "so a future owner does not back off from requirements."

The supervisors asked the staff to review the Sneckner Lane case. "That's a serious breach of contract," said Supervisor Jerry Hill.

High point of the hearing came when former Congressman Pete McCloskey -- who is representing the applicant, Mr. Misselwitz -- came out of semi-retirement to say that the proposed subdivision was entirely compatible with the neighborhood.

A co-author of the original Endangered Species Act, Mr. McCloskey said he doubted that the endangered red-legged frogs that might or might not live there would climb the 18-foot bank to the new houses.

Mr. McCloskey, who now lives part-time at The Sequoias in Portola Valley, also recalled living on Bishop Lane 51 years ago when he was studying for the bar exam. "We paid $50 a month rent," he said. "This is a marvelous community."

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