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COUNTY OF SAN MATEO Inter-Departmental Correspondence | |||||||
ENVIRONMENTAL SERVICES AGENCY | |||||||
DATE: |
October 24, 2005 | ||||||
BOARD MEETING DATE: |
November 8, 2005 | ||||||
SPECIAL NOTICE/HEARING: |
10 days within 300 ft. | ||||||
VOTE REQUIRED: |
Majority | ||||||
TO: |
Honorable Board of Supervisors | ||||||
FROM: |
Marcia Raines, Director of Environmental Services | ||||||
SUBJECT: |
Consideration of a request to establish a Farmland Security Zone Contract, pursuant to the California Land Conservation Act of 1965 and Board of Supervisors Resolution No. 65067, for three parcels totaling 322.77 acres and establishment of a Class B Agricultural Preserve, pursuant to the California Land Conservation Act of 1965 and Board of Supervisors Resolution No. 44396, for four parcels totaling 539.83 acres located near Cabrillo Highway and Higgins Purisima Road in the unincorporated Half Moon Bay area of San Mateo County. | ||||||
County File Number: |
PLN 2004-00131 (POST) | ||||||
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 the Board of Supervisors Resolutions No. 65067 and 44396, relating to the implementation of the California Land Conservation Act in San Mateo County. | ||||||
2. |
Adopt a Resolution to establish the subject property as an agricultural preserve and authorize execution of California Land Conservation Contracts regarding the subject property. | ||||||
VISION ALIGNMENT | |||||||
Commitment: Preserve and provide people access to our natural environment. | |||||||
Goals 14 and 15: Important natural resources are preserved and enhanced through environmental stewardship; residents have nearby access to green space, such as parks and recreation opportunities. | |||||||
The execution of the California Land Conservation Contracts contributes to these goals by maintaining and preserving agricultural land and open space for future generations. | |||||||
BACKGROUND | |||||||
Proposal: The applicant, Peninsula Open Space Trust, is requesting the approval of a Farmland Security Zone Contract for three parcels comprised of 322.77 acres and a Class B Agricultural Preserve for four parcels totaling 539.83 acres in the Planned Agricultural/Coastal Development Zoning District. | |||||||
Farmland Security Zone contracts are different from regular Type A/Type B Williamson Act contracts in that the former: (1) must involve two or more contiguously-owned parcels (versus a single parcel qualifying for Williamson Act contract), (2) must combine to at least 100 acres (versus a minimum of 40 acres), and (3) whose contract is for 20 years (versus the regular 10-year contract). While the other contract provisions and use restrictions are similar to those under the Williamson Act, the parcel’s assessable value is further reduced from one under a Williamson Act contract, resulting in greater annual property tax savings. | |||||||
Planning Commission Action: The Planning Commission voted 5-0 to recommend that the Board of Supervisors adopt a resolution to establish the subject property as an agricultural preserve and execute California Land Conservation Contracts regarding the subject property. | |||||||
Report Prepared By: David Holbrook, AICP, Senior Planner, Telephone: 650/363-1837 | |||||||
Owner/Applicant: Peninsula Open Space Trust | |||||||
Location: Cabrillo Highway and Higgins Purisima Road | |||||||
APNs: 064-370-070; 064-370-110; 064-370-120; 064-370-200; 065-210-090; 065-210-220; 065-210-240 | |||||||
Size: 851.54 acres (322.77 acres into FSZ and 539.83 acres into Class B agricultural preserve) | |||||||
Existing Zoning: PAD/CD (Planned Agricultural District/Coastal Development) | |||||||
General Plan Designation: Agriculture | |||||||
Existing Land Use: Agricultural production, a farm center including a barn and outbuildings, water storage ponds for irrigation and open space. | |||||||
Water Supply: Well and Water Storage Ponds for Irrigation | |||||||
Sewage Disposal: On-site Septic System | |||||||
Flood Zone: Flood Zone C, Area of Minimal Flooding; Map Page 060311 0225 C; Effective Date August 5, 1986. | |||||||
Environmental Evaluation: Categorically Exempt, Section 15317, Class 17, Open Space Contract or Easements | |||||||
Setting: The subject property, otherwise known as Johnston Ranch, is located in the unincorporated Half Moon Bay area of the County and is accessed from both Cabrillo Highway and Higgins Purisima Road just south of the city limits of Half Moon Bay. The topography of the entire property varies with the generally flatter areas located closer to Cabrillo Highway and portions of parcels located adjacent to Higgins Purisima Road and then slope upward to the east. There are prime soils on the subject property. | |||||||
Chronology: | |||||||
Date |
Action | ||||||
March 22, 2004 |
- |
Agricultural Preserve Contract application submitted. | |||||
May 10, 2004 |
- |
Agricultural Advisory Committee recommends approval of the application. | |||||
September 23, 2004 |
- |
Applicant amends their application requesting a portion to be placed within a Farmland Security Zone Contract and a portion in a Class B Agricultural Preserve. | |||||
February 9, 2005 |
- |
Planning Commission public hearing. | |||||
September 20, 2005 |
- |
Board of Supervisors’ public hearing. | |||||
DISCUSSION | |||||||
A. |
KEY ISSUES | ||||||
The following criteria must be considered prior to the establishment of an agricultural preserve: | |||||||
1. |
Conformance with the General Plan | ||||||
The proposed agricultural preserves are consistent with the General Plan designation of “Agriculture” on this property. | |||||||
2. |
Conformance with the 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 parcels are zoned Planned Agricultural District/Coastal Development District. | |||||||
b. |
Minimum Parcel Size | ||||||
Lands under a Farmland Security Zone Contract must consist of not less than 100 acres, provided that in order to meet the 100-acre requirement, two (2) or more parcels may be combined if said parcels are contiguous or in common ownership. Lands under a Class B contract must also consist of not less than 100 acres, provided that in order to meet the 100-acre requirement, two (2) or more parcels may be combined if said parcels are contiguous or in common ownership. A preserve may consist of not less than 40 acres if contiguous to an existing Williamson Act Preserve. | |||||||
The application contains a request for including three parcels comprised of 322.77 acres in a Farmland Security Zone Contract and for including four parcels totaling 539.83 acres in a Class B Agricultural Preserve, thus meeting the minimum parcel size requirements. | |||||||
c. |
Land Use | ||||||
Lands within a Farmland Security Zone Contract or Class B 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. The subject property is currently used for agricultural purposes, open space and grazing. The existing uses of the land are not in conflict with permitted uses allowed in the designated Planned Agricultural District/Coastal Development District or permitted uses for lands within an agricultural preserve. | |||||||
d. |
Timing | ||||||
In order for parcels to be placed in a Farmland Security Zone Contract, pursuant to Board of Supervisors Resolution No. 65067, the parcels must first be located within an Agricultural Preserve. The adopted resolution indicates that the Board of Supervisors may allow a landowner to enter into a Class A or B contract, and then authorize the immediate rescission of that contract and enter a Farmland Security Zone Contract. The Planning Commission recommended that the Board of Supervisors follow the action outlined in their Resolution No. 65067 and place the entire subject property within two Class B contracts (Attachments C and D) and immediately rescind one of the contracts (Attachment D), approximately 322.77 acres, and place that property within a Farmland Security Zone Contract. A draft resolution and draft copies of all contracts are included as attachments to this staff report. | |||||||
3. |
Conformance with the Farmland Security Zone Requirements | ||||||
a. |
Land Must Be Under a Williamson Act Contract | ||||||
Before land may be placed under a Farmland Security Zone Contract, it must first be subject to a Williamson Act Contract. As mentioned above, for land not currently in a Williamson Act Contract, the Board may allow enrollment into a Williamson Act Contract and then authorize the immediate rescission in favor of a Farmland Security Zone Contract. The Planning Commission is recommending that course of action here for the 322.77-acre portion of the property. The remaining acreage will remain within a Class B agricultural preserve. | |||||||
b. |
Landowner Request | ||||||
No land may be placed in a Farmland Security Zone Contract unless expressly requested by the landowner. The landowner here, POST, has made the request. | |||||||
c. |
Grade of Land | ||||||
To qualify for a Farmland Security Zone Contract, the land must be designated on the Important Farmland Series Maps as predominantly one of the following: (1) prime farmland, (2) farmland of statewide significance, (3) unique farmland, or (4) farmland of local significance. If the proposed parcel is in an area that is not designated on the Important Farmland Series Maps, the land may still qualify if it is predominantly prime agricultural land as defined in Government Code Section 51201(c)(3) of the Williamson Act, which defines “predominantly prime agricultural land” as land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture. Two of the parcels POST proposes to locate within the Farmland Security Zone Contract are designated as predominantly prime soils per the Important Farmland Series Maps. The third parcel can be defined as predominantly prime agricultural land under Government Code Section 51201(c)(3) because the land supports livestock used for the production of food and fiber and the Board of Forestry’s Certified Rangeland Manager has confirmed the grazed portion exceeds the requirements as defined in that Government Code Section. The Planning Commission found the 322.77-acre portion complies with the requirements for placement within a Farmland Security Zone Contract. | |||||||
4. |
Conformance with the Local Coastal Program | ||||||
The establishment of an agricultural preserve does not involve any development, which, therefore, is not subject to the Local Coastal Program and does not require the issuance of a Coastal Development Permit. | |||||||
B. |
REVIEWING AGENCIES | ||||||
1. |
San Mateo County Agricultural Advisory Committee | ||||||
The Agricultural Advisory Committee reviewed an earlier proposal on May 10, 2004 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 minimal effect on Countywide special districts and school districts. | |||||||
C. |
ENVIRONMENTAL REVIEW | ||||||
This project is categorically exempt pursuant to Section 15317, Class 17 of the California Environmental Quality Act related to Open Space Contracts or Easements. | |||||||
FISCAL IMPACT | |||||||
The San Mateo County Assessor’s Office has calculated that approval of this agricultural preserve application will result in an estimated yearly loss of taxes of $14,542 for the County. Of the total estimated yearly loss in taxes to the County, about $771.30 per year ($1.00 per acre for non-prime land) would be replaced by State subvention money designated to assist County implementation of the Williamson Act. The estimated loss for school districts may partially be off-set by state funding. The estimated loss to the County and affected school districts per year is as follows: | |||||||
