COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

Date:

August 22, 2002

Hearing Date:

September 10, 2002

To:

Honorable Board of Supervisors

From:

Marcia Raines, Director of Environmental Services

Subject:

Withdrawal of Confined Animal Regulations LCP amendment request to the Coastal Commission

RECOMMENDATION

Adopt the attached resolution which withdraws proposed San Mateo County Local Coastal Program Amendment 1-02 (Major) - Confined Animal Regulations, and directs staff to:

1.

Request that the Coastal Commission terminate any further consideration of this amendment proposal, and

2.

Begin immediately to administer the Confined Animal Regulations in the Coastal Zone.

BACKGROUND

On November 6, 2001, your Board adopted the Confined Animal Regulations to replace the County's Stable Ordinance. The revised regulations streamline the permit process, improve the protection of water resources and sensitive habitats, and are supported by a coalition of horsekeeping organizations and operators, environmental groups and farmers.

Planning regulations with application in the Coastal Zone are customarily considered a component of the County Local Coastal Program (LCP). Therefore, on February 7, 2002, staff transmitted the amendments to the Coastal Commission for certification of consistency with the Coastal Act.

On August 6, 2002, Coastal Commission staff informed County staff that: (1) the County has authority to administer the Confined Animal Regulations in the Coastal Zone, and (2) it is not necessary for the Coastal Commission to certify these regulations.

The amendment request also includes "housekeeping" provisions to change references in the zoning regulations, from Stable Permit to Confined Animal Permit. Coastal Commission staff informed us that these "housekeeping" revisions are subject to Coastal Commission certification.

On August 19, 2002, Planning staff informed Coastal Commission staff that we would be recommending that your Board withdraw this LCP amendment request.

DISCUSSION

Without a legal mandate to further withhold administering the new regulations in the Coastal Zone, staff believes that the County should formally withdraw this LCP amendment request from the Coastal Commission and immediately begin applying the new requirements and procedures in the Coastal Zone. This year, your Board appointed a Confined Animal Technical Advisory Committee that is ready and prepared to assist the County in administering the regulations in the Coastal Zone.

Regarding the "housekeeping" changes, County Counsel has informed Planning staff that these revisions can be clarified via an administrative policy in lieu of a zoning text amendment.

REVIEWING AGENCY

County Counsel

VISION ALIGNMENT

The Confined Animal Regulations keep the commitment of preserving and providing access to our natural environment and goal number 14: Important natural resources are preserved and enhanced through environmental stewardship. The Confined Animal Regulations contribute to this commitment and goal by improving sensitive habitats and water quality protection.

FISCAL IMPACT

None.

ATTACHMENT

Resolution to withdraw confined animal regulations LCP amendment request.