RESOLUTION NO. ______

 

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

 

* * * * * *

 

RESOLUTION TO ESTABLISH AN AGRICULTURAL PRESERVE

WITHIN SAN MATEO COUNTY AND TO AUTHORIZE

EXECUTION OF LAND CONSERVATION CONTRACT

______________________________________________________________

 
 

RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that:

 

WHEREAS, Cascade Ranch Historic Farm is the owner of certain land in the County of San Mateo used for agricultural purposes within the concept of the California Land Conservation Act of 1965, and has requested to have said land designated as an Agricultural Preserve, and has submitted such request with a properly executed contract form heretofore approved by this Board, for execution by this Board; and

 

WHEREAS, the County of San Mateo is authorized to establish Agricultural Preserves by the California Land Conservation Act; and

 

WHEREAS, all procedural requirements of the Land Conservation Act and Board of Supervisors of San Mateo County Resolution No. 44396 have been followed; and

 

WHEREAS, this Board of Supervisors does hereby establish the boundaries of the property to be included within this Preserve as set forth in EXHIBIT “A”; and

 

WHEREAS, this Board of Supervisors, having received and reviewed the report of the Planning Commission as to the request to establish that this Preserve is consistent with the General Plan of San Mateo County; and

 

WHEREAS, this Board deems it desirable to enter into land conservation contracts, under the provisions of the California Land Conservation Act of 1965, with owners of land which is appropriately used for agriculture or other purposes authorized by said Act, or purposes left within the discretion of the Board of Supervisors under the terms of the Act; and

 

WHEREAS, the Board of Supervisors does hereby establish the policy and rules which will govern the administration of this Preserve, to wit:

 

1.

Establishment, Disestablishment, Alterations. The procedures set forth in Resolution No. 44396 of the Board of Supervisors of San Mateo County shall govern the establishment, disestablishment and alteration of the boundaries of this Preserve. The procedures in said Resolution are incorporated herein and made a part hereof as if fully set forth.

   

2.

Policy. This Board recognizes that:

   
 

a.

The preservation of a maximum amount of the limited supply of agricultural land is necessary for the conservation of the State’s economic resources, and is necessary not only for the maintenance of the agricultural economy of the State, but also for the assurance of adequate, healthful and nutritious food for future residents of this State and Nation.

     
 

b.

The discouragement of premature and unnecessary conversion of agricultural and open space lands to urban uses is a matter of public interest, and will be of benefit to urban dwellers themselves in that it will discourage discontiguous urban development patterns which unnecessarily increase the costs of community services to community residents.

     
 

c.

In a rapidly urbanizing society, agricultural and other open space lands have a definite public value as open space, and the preservation in agricultural production of such lands, the use of which may be limited under the provisions of the Williamson Act, constitutes an important physical, social, aesthetic, and economic asset to existing or pending urban or metropolitan developments.

     
 

d.

Land within a Scenic Highway Corridor or Wildlife Habitat Area, as defined in the Williamson Act, has a value to the State because of its scenic beauty and its location adjacent to or within view of the State Scenic Highway, or because it is of great importance as habitat for wildlife and contributes to the preservation or enhancement thereof.

     
 

e.

Within this Preserve, the lands shall be used only for the commercial production of agricultural commodities and open space and other compatible uses herein designated.

     
 

f.

Property owners executing a contract for property within this Preserve should understand that the Board of Supervisors intends that the contract will run for the full term provided therein.

     

3.

Permitted Agricultural Uses. Permitted agricultural uses are defined in EXHIBIT “B” hereto, which is incorporated herein and made a part of this Resolution.

   

4.

Compatible Uses. Compatible uses are defined in EXHIBIT “C” hereto, which is incorporated herein and made a part of this Resolution.

   

5.

Limitation on Uses. If a contract is entered into, incorporating the agricultural and compatible uses specified in EXHIBITS “B” and “C” hereto, the property owner shall be limited to said uses even though the Zoning Ordinance or other codes, ordinances or regulations authorize different uses. In the event other codes, ordinances or regulations are or should become more restrictive than the uses authorized by the contract, the codes, ordinances or regulations shall prevail.

   

6.

Continuation of Preserve. Pursuant to the California Land Conservation Act, this Preserve shall continue in full effect following annexation, incorporation or disincorporation of the land described in EXHIBIT “A”, except as provided for in Subsection 51243(b) of the Government Code.

   

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED as follows:

 

1.

That the area of San Mateo County described in EXHIBIT “A” of this Resolution is hereby designated and established as an Agricultural Preserve within the meaning of and pursuant to the California Land Conservation Act of 1965, subject to the policy and rules specified herein.

   

2.

That the form of the Land Conservation Contract presented to this Board be, and the same is hereby, approved.

   

3.

That the Chair of this Board of Supervisors is hereby authorized and directed to execute said contract for and on behalf of the County of San Mateo, and the Clerk of this Board shall attest her signature hereto.

   

4.

That a copy of this Resolution, and a Map of the property described in EXHIBIT “A” hereof, be filed with the County Recorder of San Mateo for said County Recorder and Director of Agriculture, State of California, and that said Resolution and Map be kept current by the County of San Mateo for said County Recorder and Director of Agriculture.

 

* * * * * *

EXHIBIT “A”

 

To

 

RESOLUTION ESTABLISHING AGRICULTURAL PRESERVE AND

TO AUTHORIZE EXECUTION OF LAND CONSERVATION CONTRACT

 

The following property bears Assessor’s Parcel Numbers: 089-220-090 and 089-221-100.

 

The real property is situated in the County of San Mateo, State of California, and is described as follows:

 

PARCEL 1 (APN 089-220-090)

 

Being a portion of Parcel B, as shown on the Parcel Map recorded April 29, 1976, in Volume 31 of Maps at pages 39 and 40, San Mateo County Records, and also being a portion of the lands described in the deed to the State of California, recorded December 31, 1985 (Document No. 85140453), Official Records of San Mateo County, being more particularly described and bounded as follows:

 

BEGINNING at a point on the northeasterly boundary of State Highway 56-A, known as the Cabrillo Highway, or Highway 1, as it is shown on the California State Highway Monument Map SM-56-A, Sheet S-40.2, a copy of which is in the file of the County Surveyor, from which point the northwesterly terminus of the course labeled “N. 35°07’57” W. 303.63’ “ as shown on said map bears N. 35°07’57” W., a distance of 202.98 feet;

 

THENCE from said Point of Beginning, the following courses:

 

Along the northeasterly boundary of said highway:

 
 

1.

N. 35°07’57” W. 202.98 feet to a point;

 

2.

N. 29°25’19” W. 100.50 feet to a point;

 

3.

N. 35°07’57” W. 1,700.00 feet to a point;

 

4.

N. 37°40’39” W. 303.73 feet to a point;

 

5.

Along a tangent curve to the left, having a radius of 2,060.02 feet and a central angle of 24°18’21”, 873.90 feet to a point;

 

6.

Along a non-tangent curve to the left, from which the radius bears S. 27°13’39” W., having a radius of 630.01 feet and a central angle of 14°49’54”, 163.08 feet to a point;

 

7.

N. 66°02’31” W., at 427.57 feet to a point from which a 3/4-inch pipe tagged LS 5114 bears N. 71°06’09” E., a distance of 19.22 feet, a total distance of 535.16 feet to a point;

 

8.

S. 23°57’29” W. 10.00 feet to a point;

 

9.

N. 66°02’31” W. 715.58 feet to a point;

     

Thence leaving said northeasterly boundary of said highway, and following the northwesterly boundary of the lands of the California State Coastal Conservancy, the following courses:

 
 

10.

N. 19°37’48” E. 225.84 feet to a point;

 

11.

N. 34°35’06” E. 326.57 feet to a point;

 

12.

N. 34°35’06” E. 326.57 feet to a point;

 

13.

N. 38°12’49” W. 19.32 feet to a point;

     

Thence leaving said boundary, and continuing the following courses:

 
 

14.

N. 39°29’02” E., at 0.93 feet a 3/4-inch pipe tagged LS 5114, a total distance of 117.31 feet to a 3/4-inch pipe tagged LS 5114;

 

15.

N. 57°26’59” E. 466.78 feet to a 3/4-inch pipe tagged LS 5114;

 

16.

S. 49°02’49” E., at 245.68 feet and 527.69 feet a 3/4-inch pipe tagged LS 5114, a total distance of 1,322.11 feet to a 3/4-inch pipe tagged LS 5114;

 

17.

S. 19°57’13” E. 128.52 feet to a point in the middle of a creek;

     

Thence generally following the middle of the creek, the following courses:

 
 

18.

S. 88°22’21” E. 12.49 feet to a point;

 

19.

S. 51°13’21” E. 89.98 feet to a point;

 

20.

S. 75°06’53” E. 108.70 feet to a point;

 

21.

S. 24°19’38” E. 58.29 feet to a point;

 

22.

S. 66°26’38” E. 112.28 feet to a point;

 

23.

N. 89°08’55” E. 84.59 feet to a point;

 

24.

S. 73°36’45” E. 99.02 feet to a point;

 

25.

S. 12°12’03” E. 104.19 feet to a point;

 

26.

S. 67°13’53” W. 25.63 feet to a point;

 

27.

S. 30°54’24” E. 125.60 feet to a point;

 

28.

S. 55°47’35” E. 191.22 feet to a point;

 

29.

S. 57°25’23” E. 182.41 feet to a point;

 

30.

S. 42°50’25” E. 170.25 feet to a point;

 

31.

N. 85°52’47” E. 74.39 feet to a point;

 

32.

S. 68°15’55” W. 90.12 feet to a point;

 

33.

S. 68°00’26” E. 5.59 feet to a point;

 

34.

S. 34°05’44” E. 19.30 feet to a point;

 

35.

S. 71°59’59” E. 38.56 feet to a point;

 

36.

S. 38°32’30” E. 46.08 feet to a point;

 

37.

S. 55°10’43” E. 28.00 feet to a 3/4-inch pipe tagged LS 5114, set on the southeast side of a road known as Chalk Mountain Road;

     

Thence following the road, the following courses:

 
 

38.

N. 14°45’43” E. 61.44 feet to a 3/4-inch pipe tagged LS 5114;

 

39.

N. 14°19’24” E. 120.10 feet to a 3/4-inch pipe tagged LS 5114;

 

40.

N. 25°27’l6” E. 143.76 feet to a 3/4-inch pipe tagged LS 5114;

 

41.

N. 47°58’56” E. 140.64 feet to a 3/4-inch pipe tagged LS 5114;

 

42.

N. 89°56’11” E. 119.54 feet to a 3/4-inch pipe tagged LS 5114;

 

43.

N. 85°48’18” E. 34.52 feet to a 3/4-inch pipe tagged LS 5114 set on the westerly side of a pedestrian and equestrian trail to the southeast;

     

Thence along the trail, the following courses:

 
 

44.

S. 44°29’43” E. 63.38 feet to a 3/4-inch pipe tagged LS 5114;

 

45.

S. 27°21’12” E. 73.83 feet to a 3/4-inch pipe tagged LS 5114, from which pipe a 60d spike set in a 48-inch Monterey pine bears S. 42°51’17” E., a distance of 34.12 feet;

 

46.

S. 9°41’41” E. 69.33 feet to a 3/4-inch pipe tagged LS 5114;

 

47.

S. 32°00’35” E. 57.90 feet to a 3/4-inch pipe tagged LS 5114;

 

48.

S. 38°31’38” E. 56.42 feet to a 3/4-inch pipe tagged LS 5114;

 

49.

S. 2°37’50” E. 44.30 feet to a 3/4-inch pipe tagged LS 5114;

 

50.

S. 14°38’45” E. 59.61 feet to a 3/4-inch pipe tagged LS 5114;

 

51.

S. 11°11’21” W. 48.30 feet to a 3/4-inch pipe tagged LS 5114;

 

52.

S. 7°08’51” E. 59.33 feet to a 3/4-inch pipe tagged LS 5114;

 

53.

S. 59°34’51” E., at 25.97 feet a 3/4-inch pipe tagged LS 5114, from which pipe an 8-inch spike set on a 48-inch juniper tree bears N. 84°50’47” W., a distance of 56.83 feet, a total distance of 26.30 feet to a point on the southerly boundary of the lands of the California State Coastal Conservancy;

     

Thence along said boundary, the following courses:

 
 

54.

N. 88°32’29” W. 226.07 feet to a point;

 

55.

N. 66°57’09” W. 89.83 feet to a point;

 

56.

S. 57°58’22” W. 208.32 feet to a point;

 

57.

S. 40°16’30” E. 175.36 feet to a point;

 

58.

S. 48°44’27” E. 105.41 feet to a point;

 

59.

S. 31°26’58” E. 125.10 feet to a point;

 

60.

N. 70°49’53” E. 76.73 feet to a point;

 

61.

S. 34°20’33” E. 291.20 feet to a point;

 

62.

S. 55°39’30” W. 32.46 feet to a point;

 

63.

S. 34°20’30” E. 969.78 feet to a point;

 

64.

S. 58°15’12” W. 939.33 feet to the Point of Beginning.

     

PARCEL 2 (APN 089-221-100)

 

So much of the following described parcel as lies westerly of State Route 1 (Cabrillo Highway) as established by the Deed to the State of California, recorded in Book 3504, Official Records of San Mateo County, at page 679 (File No. 98710-Q).

 

BEGINNING at a point which was known as the most southerly corner of the Schofield Ranch, on the shore of the Pacific Ocean, said point of beginning being on the south boundary of the parcel of land described in Deed from Barzilla M. Schofield to R. E. Steele, dated September 24, 1872, and recorded September 26, 1872, in Book 17 of Deeds at page 291, Records of San Mateo County, California; thence from the said point of beginning, along said south boundary (magnetic variation 15°45’ East), North 42°45’ East 193 chains to the easterly boundary of the said Punta del Año Nuevo Rancho; thence along the said easterly boundary, South 6°45’ East 125.5 chains and South 27°30’ East 51 chains, to a stake from which a small oak (on September 4, 1871) marked with 3 notches, bears South 40° East 17 links distant; thence South 57° West 50.70 chains to a post in the corner of a fence, on the east side of the road leading from Pescadero to Santa Cruz (as it existed September 4, 1871); thence South 63°30’ West 76.50 chains to sandy land; thence following the same course, to the shore of the Pacific Ocean; thence along the shore northerly to the point of beginning.

 

EXCEPTING THEREFROM lands conveyed from Albert K. Yonaoshi, et al., to the State of California, by Deed dated July 7, 1975, and recorded August 13, 1975, in Book 6910 of Official Records at page 659 (File No. 78783-Al).

 

ALSO EXCEPTING THEREFROM lands conveyed from Albert K. Yonaoshi, et al., to the State of California by Deed dated March 10, 1978, and recorded April 28, 1978, in Book 7738 of Official Records at page 1576 (File No. 59818-AM).

 

ALSO EXCEPTING THEREFROM the following described parcel:

 

Commencing at a 1/2-inch iron pipe with tag stamped R.C.E. 10439, said monument being on the boundary line formerly common to the lands of Janet M. Bickford and Theodore Char, et al., as described in the Grant Deed to the State of California, recorded August 13, 1975, in Volume 6910, Official Records of San Mateo County, at page 659, said common boundary line being also the southerly boundary of said Cascade Ranch, from which a 1/2-inch iron pipe with tag stamped R.C.E. 10439 bears South 64°52’29” West 1,143.88 feet;

 

Thence along said common boundary North 64°52’29” East 370.00 feet to the southeast corner of the lands described in said Volume 6910, page 659 and the True Point of Beginning of the herein described parcel;

 

Thence from said True Point of Beginning, leaving said common boundary and along the easterly line of last said lands, North 1,433.41 feet to a 2-inch iron pipe with Parks and Recreation brass disk stamped “PROP COR, LS 3588, 1986”;

 

Thence leaving said easterly line, South 26°39’40” East 1,257.78 feet to a 2-inch iron pipe with Parks and Recreation brass disk stamped “LINE MON, LS 3588, 1986”;

 

Thence continuing South 26°39’40” East 40.5 feet, more or less, to said common boundary;

 

Thence along said common boundary South 64°52’29” West 643.42 feet, more or less, to the True Point of Beginning.

 

PARCEL IIA

 

A portion of those certain lands conveyed to the State of California by Grant Deed recorded August 13, 1975, in Volume 6910, Official Records of San Mateo County, at page 659 in the Rancho Punta del Año Nuevo, in the County of San Mateo, State of California, said portion being more particularly described as follows:

 

COMMENCING at a 1/2-inch iron pipe with tag stamped R.C.E. 10439, said monument being on the boundary line formerly common to the lands of Janet Bickford and Theodore Char, et al., as described in said Grant Deed, from which a 1/2-inch iron pipe with tag stamped R.C.E. 10439 bears South 64°52’29” West 1,143.88 feet;

 

Thence along said common boundary North 64°52’29” East 370.00 feet to the southeast corner of the lands described in said Grant Deed;

 

Thence leaving said common boundary and along the easterly line of the lands described in said Grant Deed, North 1,433.41 feet to the True Point of Beginning of this description, said point being marked by a 2-inch iron pipe with Parks and Recreation brass disk stamped “PROP COR, LS 3588, 1986”;

 

Thence from said True Point of Beginning, leaving said easterly line, North 24°50’22” West 1,318.75 feet to a 2-inch iron pipe with Parks and Recreation brass disk stamped “PROP COR, LS 3588, 1986”;

 

Thence North 66°12’56” East 605.39 feet to a point on said easterly line, said point being marked by a 5/8-inch reinforcing bar;

 

Thence along said easterly line South 1,440.90 feet to the True Point of Beginning.

 

Said above described Parcels II and IIA were set forth as Parcels T-2 and N in that certain approval of Lot Line Adjustment recorded on September 19, 1995, as Document No. 95098991, Official Records of San Mateo County, California.

 
 

MS:fc – MJSP1531_WFS.DOC (12/29/05)

EXHIBIT “B”

 

To

 

RESOLUTION ESTABLISHING AGRICULTURAL PRESERVE AND
TO AUTHORIZE EXECUTION OF LAND CONSERVATION CONTRACT

 
 

“PERMITTED AGRICULTURAL USES” are defined as follows:

 

A.

Land used for the purpose of producing an agricultural commodity for commercial purposes is an agricultural use. An agricultural commodity is any and all plant and animal products produced in the County for commercial purposes. Reference is made to Section 51201 of the Government Code for further detail on the definition of “Prime Agricultural Land.”

   

B.

The following as defined in the California Land Conservation Act:

   
 

1.

A “Scenic Highway Corridor.”

     
 

2.

A “Wildlife Habitat Area.”

     
 

3.

A “Saltpond Area.”

     
 

4.

A “Managed Wetland Area.”

     
 

5.

A “Submerged Area.”

     
 

6.

“Open Space Use.”

     
 

7.

“Recreational Use.”

     

MS:fc – MJSP1531_WFS.DOC (12/29/05)

EXHIBIT “C”

 

To

 

RESOLUTION ESTABLISHING AGRICULTURAL PRESERVE AND

TO AUTHORIZE EXECUTION OF LAND CONSERVATION CONTRACT

 
 

“COMPATIBLE USES” are defined as follows:

 

1.

One-family dwellings.

   

2.

Home occupations.

   

3.

Accessory buildings and accessory uses appurtenant to a residential use; provided, however, that such accessory buildings shall not be constructed until the main buildings shall have been constructed.

   

4.

Accessory uses and accessory buildings appurtenant to the uses permitted in the district.

   

5.

All agricultural uses except hog ranches, as defined in Chapter 7, Part II, Division V of the San Mateo County Ordinance Code.

   

6.

The sale of the products of any permitted uses produced upon the premises. This shall include the erection of a temporary or permanent stand for display or sale of any of such products except livestock.

   

7.

The following uses subject to the securing of a use permit in each case:

   
 

a.

Riding academies, subject to the provisions of Chapter 1, Part IV of Division VI of the San Mateo County Ordinance Code (Sections 7700.0 et seq.).

     
 

b.

Commercial stables, subject to the provisions of Chapter 1, Part IV of Division VI of the San Mateo County Ordinance Code (Sections 7700.0. et seq.).

     
 

c.

The keeping or raising of more than twenty-five (25) turkeys, ducks or geese.

     
 

d.

Dogs.

     
   

(1)

Dog breeding.

       
   

(2)

Commercial dog kennels.

       
   

(3)

Dog training schools.

     
 

e.

Temporary trailer parks for seasonal farm labor. The Planning Commission shall establish standards for such trailer parks and may provide standards of construction for improvements which need not comply with Chapter 10 of Division V of the San Mateo County Ordinance Code (Sections 5600.1, et seq.).

     
 

f.

Motorcycle parks.

     
 

g.

Dude ranches.

     
 

h.

Temporary camping sites.

     

8.

Some uses not listed could be considered as “Compatible Uses” upon determination by the Planning Commission and the Board of Supervisors.

   

MS:fc – MJSP1531_WFS.DOC (12/29/05)