Fence Dispute Stalls Mizzen Lane Home as Commission Delays Vote 30 Days

A 2.5-foot strip of land between a new home site and a 45-year-old farm fence held up a house that every Half Moon Bay planning commissioner said they liked. The Planning Commission voted 4-1 to continue the 1573 Mizzen Lane hearing to Nov. 10 so the owners and neighboring Branscombe Farms can try to settle the boundary. The commission then sent the city's updated Safety Element to the City Council on a unanimous vote, with requests for stronger action on undergrounding power lines and on insurance costs.

• Mizzen Lane home and ADU continued to Nov. 10 on a 4-1 vote, with Commissioner Steve Ruddock opposed

• Branscombe Farms claims rights to a fence strip, warning that other Sea Haven lots could see similar claims

• Safety Element recommended to Council 5-0, with new ember-free design and flood-gauge actions

• Commissioners push for undergrounding funding study and flood-insurance rating credits

A Good House, a Bad Boundary

Why it matters: This is the last vacant lot in the Sea Haven subdivision. A 2- to 3-foot property-line question could spread to fence lines across the neighborhood and test the city's agricultural-priority policies against infill housing.

Where things stand: The applicants propose a 1,983-square-foot, two-story house and a 403-square-foot detached accessory dwelling unit (ADU) on a 4,039-square-foot lot that is 40 feet wide. The plans also include a 3-foot retaining wall, a detention basin and a roof deck. City staff said the project meets R-1B-2 zoning standards, stands just over 21 feet against a 28-foot height limit, is exempt from state environmental review (CEQA), and falls outside Coastal Commission appeal jurisdiction. The lot also holds a Measure D allocation.

"Staff does recommend approval even after reviewing all the letters received," said city staff member Scott Phillips. Staff said the stamped project survey places the property line about 2.5 feet beyond the existing fence. No competing stamped survey exists, and the city attorney considers the dispute a civil matter.

The other side: Steve Wilson, speaking for Branscombe Farms, said the farm does not oppose the house but holds a prescriptive right to the fenced strip. A prescriptive right is a claim to use land based on long, open use of it. He urged footprint adjustments or variances. Farm owner Casey Branscombe cited a 1983 fence stipulation and her horse-breeding operation. She asked the city to grant whatever variance the applicants need but leave the fence in place.

Neighbor Jeff St. Charles backed the family but said about a dozen owners want their 2 to 3 feet back. Applicant and designer Tim Pond called the farm's claims hyperbole and a land grab. He said two surveyors agree with the survey and noted the ADU is deed-restricted for low-income occupancy. Property owner Noemi Ramirez said her family saved for years to build a home for their kids and wants no conflict with neighbors.

Commissioners split on their role: "To have us be inserted into the middle of a civil dispute, I think, is just wrong," said Commissioner Jacob "Jim" Rems, a licensed surveyor. He nonetheless moved the continuance. Vice Chair Rick Hernandez seconded and offered support for a variance. Director Leslie Lako said the city attorney advised against a condition requiring the parties to resolve the dispute, said a variance would be hard to justify, and said the Coastal Act appeal period cannot be extended. "Don't dangle the variance as a possibility because that's putting it on the city to resolve their problem," said Chair David Gorn.

"I will probably vote against this just because I'm so sensitive to the applicant's rights," said Commissioner Ruddock.

Decisions and stakeholder impacts: The vote was For: 4 (Gorn, Hernandez, Rems, Christopher DelNagro), Against: 1 (Ruddock), Absent: 0. The commission may defer the item again. Lako and Hernandez said any mediation should not be at the applicant's cost. Separately, Commissioner DelNagro raised questions about retaining-wall drainage. Staff said engineering reviewed the plans twice and that drainage across property lines is not allowed. The designer offered to remove a closet window facing the south neighbor.

What's next: The item returns Nov. 10. DelNagro asked that drainage and fence-cost questions be addressed then.

Safety Element Heads to Council

Why it matters: The Safety Element sets Half Moon Bay's wildfire, flood, evacuation and utility policies. It is the part of the city's General Plan that addresses natural hazards. Commissioners worked to keep fire rules from overriding tree, erosion and downtown-character concerns.

Where things stand: Aaron Pfannenstiel, a consultant with Placeworks, presented the update. It was produced through the Peninsula Resilience Planning project, which covered nine jurisdictions. New actions respond to commissioners' November comments. They include neighborhood-level design guidelines for ember-free zones, landscape guidance that avoids conflicts with other hazards, and a maintained evacuation guide. "CAL FIRE never saw these actions because we developed them later," Pfannenstiel said.

"We don't want to denude Main Street in particular," said Vice Chair Hernandez. Lako noted the city has only two shelter-in-place locations.

Power lines: The element promotes undergrounding utilities in hazard-prone areas and requires empty conduit when roads are dug up. "I was surprised that we were not stronger in the language, that it was not requiring underground for future developments," said Commissioner DelNagro. He also asked that downed lines on Highway 92 be flagged as an evacuation risk.

Pfannenstiel said new development already undergrounds utilities and the city does not control utility-owned lines. He added that the state has had more than $1 billion available for mitigation funding in recent years. Hernandez said policies should put the burden on utility providers. Commissioners endorsed Pfannenstiel's suggestion of a feasibility study on funding, including an assessment district.

Flooding: New actions call for an upstream stream gauge on Pilarcitos Creek, authorization for debris cleanup and annual coordination with San Francisco, which owns the Pilarcitos Dam. Rems, who lives along the creek, learned there is no warning system now. Staff pointed residents to SMC Alert. "We need to meet with them before weather events, before forecasted weather events, not annually," said Chair Gorn.

Insurance: Commissioners backed a five-year review cycle, shorter than the eight-year legal minimum. The consultant agreed to draft an action on FEMA's Community Rating System, which can lower flood-insurance rates. Lako cautioned that the city lacks the needed FEMA mapping and would likely need a full-time position, and suggested partnering with the county.

Decisions and stakeholder impacts: DelNagro moved and Ruddock seconded the motion. It passed For: 5, Against: 0, Absent: 0. The recommendation asks Council to adopt the element and a CEQA notice of exemption, file with the San Mateo County Clerk, and forward the element to Cal OES and the Governor's Office of Land Use and Climate Innovation. No members of the public spoke.

What's next: Staff will draft the new undergrounding-feasibility and insurance-rating actions to accompany the recommendation to Council.

• SB 330 housing filings: Staff reported about 370 units at the Podesta property, 125 at 2281 Cabrillo Highway North and 99 at Rocket Farms. None of the applications is yet complete.

• Affordability and builder's remedy: Phillips said the latter two projects include 20% affordable units to his knowledge. "We are fairly well protected from builder's remedy," said Director Lako.

• Minutes: August 25 minutes approved 5-0, preserving wall-option conditions for the Pullman Avenue project.

• Appointment: Hernandez reported his appointment to the Agricultural Advisory Committee.

Looking ahead: 1573 Mizzen Lane returns to the Planning Commission on Nov. 10. The Safety Element goes next to the City Council for final adoption.