COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

Date:

December 5, 2001

Set Time:

10:00 a.m.

Hearing Date:

December 18, 2001

To:

Honorable Board of Supervisors

From:

Marcia Raines, Director of Environmental Services

Subject:

Consideration of a request to establish a Class A Agricultural Preserve, pursuant to the California Land Conservation Act of 1965 and Board of Supervisors Resolution No. 44396 for two parcels consisting of 35 acres located at 271 and 320 Water Lane in the unincorporated Pescadero area of San Mateo County.

County File Number:

PLN 2000-00749 (Curry)

RECOMMENDATION

1.

Find that the request is consistent with the County General Plan, the Planned Agricultural/

Coastal Development Zoning District, the California Land Conservation Act, and Board of Supervisors Resolution No. 44396, relating to the implementation of the California Land Conservation Act in San Mateo County.

2.

Adopt resolutions to establish the subject property as an agricultural preserve and authorize execution of a California Land Conservation Contract regarding the subject property.

PROPOSAL

The applicant is requesting a Class A Agricultural Preserve on two parcels totaling 35 acres in the Planned Agricultural/Coastal Development Zoning District.

BACKGROUND

Report Prepared By: Lily Toy, Project Planner, Telephone 650/363-1841

Applicant/Owner: Neil and Alix Curry

Location: 271 and 320 Water Lane, Pescadero

APNs: 086-111-200 and 086-112-010

Size: 35 acres

Existing Zoning: PAD/CD (Planned Agricultural/Coastal Development District)

General Plan Designation: Agricultural

Existing Land Use: Single-Family Residences, Second Units, Farm Labor Housing Unit, and Agricultural Production

Flood Zone: Flood Zone "C" - Within the FEMA Floodway area: Development shall comply with FEMA requirements (needs to be above the 100-year floodway). No development is proposed as part of this application.

Environmental Evaluation: Categorically Exempt, Section 15317, Class 17, Open Space Contract or Easements

Setting: The project site is located within the Town of Pescadero and 1.25 miles east of the Cabrillo Highway on Water Lane. The project site consists of two parcels totaling 35 acres of prime soils. More specifically, the soil consists of Corralitos sandy loam, which is a soil that is easy to work and is cultivated intensively. Corralitos soils are important agriculturally. Their main use is for irrigated truck crops. The site is relatively flat and is within the FEMA floodway. The project site straddles Water Lane with 271 Water Lane located on the west side and 320 Water Lane located on the east side of Water Lane. The land has been and is currently under agricultural production. The property is developed with a single-family residence on each parcel, a barn, a greenhouse, and two mobile homes.

Chronology:

Date

Action

November 14, 2000

-

Agricultural Preserve Contract Application submitted

February 12, 2001

-

Agricultural Advisory Committee recommended approval of the application.

March 2001

-

Staff determined that the agricultural preserve contract for 271 Water Lane required a plan for resolving unpermitted farm labor housing units on site.

October 2001

-

Staff determined, following discussion with the applicant, that the contract for 271 Water Lane could proceed to Planning Commission, with the issue about legalizing the existing farm labor housing unit to be resolved prior to the recordation of the agricultural preserve contract.

November 28, 2001

-

Planning Commission public hearing for 271 Water Lane.

December 18, 2001

-

Board of Supervisors public hearing.

DISCUSSION

A.

PREVIOUS ACTION

On June 13, 2001, the Planning Commission conducted a public hearing and recommended unanimously to the Board of Supervisor, the establishment of the Class A Agricultural Preserve for the parcel located at 320 Water Lane. Additionally on November 28, 2001, the Planning Commission conducted a public hearing and recommended unanimously to the Board of Supervisors, the establishment of the Class A Agricultural Preserve for the parcel located at 271 Water Lane.

B.

BACKGROUND

This application when it was originally submitted, consisted of one agricultural preserve contract for two parcels (271 and 320 Water Lane). During the processing of the permit, staff determined the need to legalize an existing farm labor housing unit at 271 Water Lane. The agricultural contract for 320 Water Lane moved forward separately in the Planning process. The Planning Commission at its June 13, 2001 meeting recommended to the Board of Supervisors approval of an agricultural contract on the parcel located at 320 Water Lane.

The applicant subsequently presented to staff a plan for 271 Water Lane to either: (1) relocate the farm labor unit to an adjoining property, or (2) remove the unit. Staff determined that on that basis the proposal for the agricultural contract at 271 Water Lane could move forward with a condition that would address the legalization of the existing farm labor housing unit. The recommended Condition No. 1 of Attachment A, states that prior to the recordation of the agricultural contract with the County's Recorder's Office, the applicant will either: (1) submit a notarized agreement with the adjacent neighbor to relocate the farm labor unit onto the neighboring property, in conjunction with the filing of an application for farm labor housing on the adjacent property; or (2) remove the farm labor housing unit. The removal of the unit must be confirmed through an inspection by County staff.

C.

KEY ISSUES

The following criteria must be considered prior to the establishment of an agricultural preserve:

1.

Conformance with General Plan

The proposed agricultural preserve is consistent with the General Plan designation of "Agricultural" on this property.

2.

Conformance with Agricultural Preserve Requirements

a.

Zoning Classification

In order to be included in an agricultural preserve, land must be located in the Resource Management Zoning District or Planned Agricultural District. The subject parcel is zoned Planned Agricultural District.

b.

Minimum Parcel Size

Property to be included in a Class A agricultural preserve must have at least 40 acres. Two or more parcels may be combined to meet the 40-acre requirement if they are contiguous or in common ownership. The project parcels contain only 35 acres, but this property is adjacent to other existing lands under agricultural preserve contract. The north adjacent lands, which consist of approximately 800 acres, were placed into agricultural preserve in 1968 (County File No. AP 67-36).

If this property were placed into agricultural preserve, this would form a contiguous group of agricultural preserve land greater than 40 acres (see Attachment D). Furthermore, if the land has exceptionally high open space value or is in intensive agricultural use, an agricultural preserve less than 40 acres may be established. The minimum acreage of any parcel of land to be included in an agricultural preserve that has exceptionally high open space value or is in intensive agricultural use is five acres. Since this site is adjacent to existing lands under contract and qualifies for a type A contract under the contiguous land criteria, there was no need to define the current agricultural production as an intensive agricultural use.

c.

Land Use

Lands within an agricultural preserve must be used only for agriculture or open space, or be suitable for agriculture, open space, compatible uses or the growing of forest products. This property is currently under agricultural production. Due to the presence of prime soils on the property, the site has very high agricultural value. The use of the land is not in conflict with permitted uses allowed in the designated Planned Agricultural/Coastal Development District or permitted uses for lands within an agricultural preserve.

3.

Conformance with Local Coastal Program

The establishment of an agricultural preserve does not involve any development. Therefore, it is not subject to the Local Coastal Program and does not require the issuance of a Coastal Development Permit.

D.

ENVIRONMENTAL REVIEW

This project is categorically exempt under Section 15317 of the California Environmental Quality Act with regards to open space contracts or easements.

E.

REVIEWING AGENCIES

1.

San Mateo County Agricultural Advisory Committee

The Agricultural Advisory Committee reviewed this project and recommended approval.

2.

San Mateo County Assessor

The Assessor's comments are found under "FISCAL IMPACT" below.

3.

LAFCo

This property is not within the sphere-of-influence of any city. Approval of this request would have a minimal effect on Countywide special districts and school districts.

FISCAL IMPACT

The County Assessor's Office has calculated that approval of this agricultural preserve application will result in an estimated yearly loss of taxes of $4,648.00. Of the total estimated yearly loss in taxes to the County, about $174.75 per year ($5.00 per acre for prime) would be replaced by State subvention money designated to assist County implementation of the Williamson Act. The estimated loss to the County and affected school districts per year is as follows:

Jurisdiction

Amount of Tax Loss

San Mateo County

$2,908.00

La Honda-Pescadero Unified School District

$1,387.00

San Mateo Community College District

$232.00

County Office of Education

$121.00

TOTAL

$4,648.00

ATTACHMENTS

A.

Recommended Findings and Condition of Approval

B.

Agricultural Preserve Resolutions and Contracts

C.

Vicinity Map/Assessor's Map

D.

Prime Soils Map/Agricultural Preserve Map

Attachment A

COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

RECOMMENDED FINDINGS AND CONDITION OF APPROVAL

Permit or Project File Number: PLN 2000-00749

Hearing Date: December 18, 2001

Prepared By: Lily Toy

For Adoption By: Board of Supervisors

RECOMMENDED FINDINGS

1.

The Board of Supervisors finds that the request is consistent with the County General Plan, the Planned Agricultural/Coastal Development District, the California Land Conservation Act, and the Board of Supervisors Resolution No. 44396, relating to the implementation of the California Land Conservation Act in San Mateo County.

2.

Adopt resolutions to establish the subject properties as an agricultural preserve and the Board of Supervisors execute California Land Conservation Contracts regarding the subject properties.

RECOMMENDED CONDITION OF APPROVAL

1.

Prior to recordation of the agricultural contract with the County Recorder's Office for 271 Water Lane, the applicant shall either: (1) submit a notarized agreement with the adjacent neighbor to relocate the farm labor unit onto the neighboring property, in conjunction with the filing of an application for farm labor housing on the said adjacent property, removal of the farm labor housing unit from 271 Water Lane, and the formal withdrawal of the farm labor housing application for 271 Water Lane (County File No.: PAD 92-0014; or (2) formally withdraw the farm labor housing application (County File No.: PAD 92-0014) and remove the farm labor housing unit. The removal of the unit shall be confirmed through an inspection by County staff.