Zoning hearing officer approves kayak-post kiosk at Princeton site despite land-title objection

Zoning hearing officer Joe LeClaire approved a coastal development permit and design review permit on April 17 for a small, portable kayak-post facility to be located on a 3,893-square-foot lot on the east side of West Point Avenue in Princeton (county file PLN2019-00386). The approval allows a modular unit with a deck and ADA-compliant ramp, two on-site parking spaces, perimeter fencing, a wood kiosk and a roughly 50-foot extension of the water main along West Point Avenue, subject to the conditions in Attachment A of the staff report.

The project drew a formal objection from Wayward Lot Investment Company, which argued the applicant’s access to the water could lead to trespass across Wayward’s parcel and raised a claim tied to a historical Mexican land grant and a federal patent. Summer Burleson, project planner for San Mateo County Planning and Building, said staff reviewed the documentation provided by Wayward and “does not find any evidence that would preclude the necessary findings from being made to approve the CDP and design review permit.” Burleson told the hearing the county’s land-use findings do not require a private development to provide direct access to the beach or waterways, and that approvals do not authorize trespass on private property.

Joe LeClaire said county staff shared Wayward’s documentation with county counsel and consulted with the State Lands Commission. LeClaire summarized the State Lands Commission response, saying their records “show that the Rancho boundary meandered the Pacific Ocean and did not include any tideland or submerged lands.” He and Burleson emphasized the county’s approval is based on land‑side improvements and the findings the county must make under its regulations. LeClaire also noted that the Coastal Commission’s recommended conditions were incorporated into staff’s recommended conditions of approval.

Burleson told the hearing the project is categorically exempt from CEQA under CEQA Guidelines section 15303 (Class 3) because the total building square footage will not exceed 2,500 square feet and no hazardous substances are involved. She also said the Naples Community Council had commented in favor of the project.

Opposing counsel (identified in the record as Mr. Callan) asked for a continuance to provide a fuller legal presentation on the Rancho‑grant/tidelands issue. Callan argued the application of any Rancho lands exemption is a legal question that should be resolved with a factual investigation and county counsel involvement. LeClaire and staff said county counsel and the State Lands Commission had already been consulted and that the tidelands claim—while noted as background information—would not, on the record before the hearing officer, preclude the county from making the land‑use findings required for approval.

LeClaire denied a continuance and adopted staff’s recommendation to approve the coastal development permit and design review permit subject to the conditions in Attachment A. He advised that the decision may be appealed to the Planning Commission; appeals must be filed by 5 p.m. on May 1, 2025, and be accompanied by a $1,962 appeal fee.

The approval includes conditions from the State Lands Commission addressing existing illegally placed riprap on the property and requires coordination with state staff concerning potential relocation of improvements as sea level rise and coastal erosion affect the site.