Adopt a resolution authorizing and directing the President of the Board of Supervisors to execute an agreement providing for the transfer in fee title of three parcels on San Bruno Mountain for inclusion in San Bruno Mountain County Park, pursuant to the San Bruno Mountain Habitat Conservation Plan, and for the payment of $234,038 to the County for habitat reclamation, property staking and geotechnical review related to such parcels, and to further authorize the President of the Board to execute an acceptance of such transfer and such other documents as may be necessary to effectuate the agreement.
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Under the provisions of the San Bruno Mountain Habitat Conservation Plan (“HCP”), adopted in 1982, the owners of the Terrabay Subdivision in South San Francisco were required to dedicate certain lands to the County of San Mateo for inclusion in San Bruno Mountain County Park as Conserved Habitat. In 1996, the owner of the property, SunChase G.A. California I, Inc. (“Sunchase”) offered a 26.1 acre parcel designated Remainder Parcel 1, upon which certain slide repairs had been made, and an 11.2 acre parcel designated Remainder Parcel 2, all as authorized by the HCP. The 1996 offer included provisions requiring Sunchase to perform subsequent slide repairs in the event that problems developed with the initial repairs. While the initial repairs were made ten years ago and have been successful, the County never accepted the 1996 dedication because provisions were not yet in place for reclamation of habitat on the parcel.
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The entire Terrabay Subdivision is now nearing buildout, and owners of the property have now offered to dedicate Remainder Parcel 6 (71.4 acres) in addition to Remainder Parcel 1 (26.1 acres), and Remainder Parcel 2 (11.2 acres), for a total of approximately 108.8 acres. All of the proposed dedications are in accordance with the HCP. Sunchase has also offered to provide $234,038 in funding for habitat reclamation, property staking, and reimbursement of the costs of County geotechnical review of the parcels. In addition, Sunchase seeks an abandonment of the 1996 offer of Parcel 1 and Parcel 2, including the provisions requiring subsequent repairs. The Parks and Recreation Division, assisted by the Habitat Manager, Thomas Reid Associates, has reviewed the reclamation estimate, and has determined that the amount is sufficient to fund the reclamation plan for the parcels. County geotechnical staff has visited the site, and reviewed geotechnical documents related to the original slide repairs made 10 years ago. Staff finds that the 1996 slide repairs are in very good shape, and present no geotechnical issues that would preclude the County taking title to the parcels. Finally, remainder Parcel 6 will be subject to construction and fire buffer easements for development proposed on adjacent property by Myers Peninsula Company, LLC, and acceptance of this parcel will not occur until repair work is completed on a development parcel located adjacent to Parcel 6. This office had the opportunity to review and modify the easement document while it was being prepared, and the easement includes indemnification and insurance provisions in the County’s favor. The agreement presented for Board approval would provide for the transfer of the three remainder parcels, rescind the 1996 offer, terminate a separate agreement entered into in August 1996 by the County, Sunchase, Sterling Pacific Management Services (an affiliate of Sunchase) and San Bruno Mountain Watch with respect to Remainder Parcel 1, and would authorize the President of the Board to execute the acceptance of the transfer of the three parcels and such other documents as are necessary to effectuate the transfer in accordance with the agreement.
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This action will not require the expenditure of any County funds. The action will result in the transfer of $234,038 to the County, $230,538 of which is to be placed in the San Bruno Mountain Habitat Conservation Trust for reclamation activities and property staking on the remainder parcels, and the remainder of which will cover reimbursement for the cost of County geotechnical review.
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