COUNTY OF SAN MATEO

Inter-Departmental Correspondence

 

PLANNING AND BUILDING DEPARTMENT

 
 

DATE:

April 30, 2007

BOARD MEETING DATE:

May 15, 2007

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Minimum 4/5 vote of full Board

 

TO:

Honorable Board of Supervisors

 

FROM:

Lisa Grote, Director of Community Development

 

SUBJECT:

Consideration of a Regulatory Agreement between the County and George C. Houck and Lou AK Trust, to manage and harvest timber jointly according to the provisions of the Joint Timber Management Plan (JTMP) for 30 years, located on two undeveloped parcels in the unincorporated Pescadero area of San Mateo County.

 
 

RECOMMENDATION

 

Adopt a resolution authorizing:

 

A.

A Regulatory Agreement and Declaration of Restrictive Covenants between George C. Houck and Lou AK Trust and the County to ensure management and operation of the subject timberland according to the Joint Timber Management Plan (JTMP).

   

B.

The County Manager or his designee to record the agreement and any other documents that may be required to implement the agreement.

   

VISION ALIGNMENT

 

Commitment: Number 6 (Preserve and provide people access to our natural environment): The project ensures the preservation of on-site timberland resources by establishing joint management of these resources.

 

Goal: Number 14, which states: “Important natural resources are preserved and enhanced through environmental stewardship.” The project contributes to this goal through the execution of the Joint Timber Management Plan (JTMP), which ensures the viability of timberland resources on resulting parcels of an approved Lot Line Adjustment (PLN 2006-00513) over the term of the Regulatory Agreement.

 

BACKGROUND

 

Currently, the two adjacent, subject parcels (APNs 089-120-080 and 089-120-030) are both owned by George C. Houck and Lou AK Trust (Houck Trust), with timber harvesting performed under a 1995 Forest Management Plan. The properties are characterized as vacant forestland, bisected by the Butano Fire Road. Currently, APN 089-120-080 is a 6-acre parcel located in the Planned Agricultural District (PAD/CD) zoning district. The adjacent parcel to the east, APN 089-120-030, is a 158-acre parcel located in the Timberland Preserve Zone-Coastal Zone (TPZ-CZ/CD) zoning district.

 

On December 12, 2006, Peter Colby of Save-the-Redwoods League (League) requested a lot line adjustment for the purpose of acquiring a 99-acre portion of the subject property to be transferred to the California Department of Parks and Recreation and, in the future, incorporated into the State Parks system. For land divisions resulting in parcels that are less than 160 acres in size, Section 6957 of the County Zoning Regulations requires submittal of a Joint Timber Management Plan (JTMP) and requires the owners to enter into a contract with the County requiring the property owners to jointly manage and harvest on-site timberlands for a minimum of 30 years. On April 26, 2007, after making the required findings, the Community Development Director approved two (2) Certificates of Compliance (Type A) to legalize both parcels, and a Lot Line Adjustment, Timberland Preserve Zone (Minor Development Permit), and a Coastal Development Permit Exemption (CDX) for the project, with a condition of approval requiring the applicant to meet the requirements of Section 6957 (Joint Timber Management Plan Requirement), prior to the recordation of the final parcel map.

 

Once recorded, the lot line adjustment would transfer 59 acres between two undeveloped properties, APNs 089-120-030 and 089-120-080, in Pescadero. The lot line adjustment would result in a currently 6-acre parcel (APN 089-120-080) becoming a 65-acre parcel and a currently 158-acre parcel (APN 089-120-030) becoming a 99-acre parcel.

 

The Houck Trust plans to transfer the resulting 99-acre parcel to the California Department of Parks and Recreation, with the land transfer administered by Save-the-Redwoods League in compliance with exemption criteria of the Coastal Development District, which exempts land division brought about in connection with the purchase of land by a public agency for public recreational use. It is anticipated that the parcel will be added to the adjacent Butano State Park in the future. The Houck Trust will maintain ownership of the western, 65-acre parcel. Neither the applicant nor the current owners propose any new development, change in land use or zoning, or increase in timber harvested on either parcel, at this time.

 

SUMMARY

 

Section 6957 of the County Zoning Regulations prohibits the division of legal parcels in the Timberland Preserve – Coastal Zone zoning district which results in parcels containing less than 160 acres, unless all the owners of resulting legal parcels perform the following: (a) submit a joint timber management plan (JTMP) (as described in Section 6976 prepared or approved as to content by a registered professional forester) and (b) enter into a binding contract with the Board of Supervisors to manage and harvest timber on all the timberland jointly, and are bound by the provisions of such management plan for a minimum period of 30 years.

 

The League has submitted a 1995 Timber Management Plan (TMP) and a December 2006 TMP update prepared by Gene Forsburg (registered professional forester #1873) of Buena Vista Services, LLC. The documents has been submitted together and are collectively referred to as the JTMP. Specifically, the 2006 TMP update includes the results of a 2004 forest inventory which found approximately 5,700,000 board feet of timber, revising the 1995 estimate of approximately 2,000,000 board feet. However, the plan does not seek to increase the volume of timber harvested at this time. Recommendations contained in the 2006 TMP include maintenance of timber harvest volumes as contained in the 1995 TMP, that the parties shall grant to each other rights to use existing roads, landing, and skid trails for commercial timber harvesting and related activities, and, while the current Lot Line Adjustment does not contain any change in land use or new development, any such proposals in the future that could affect the viability of the timberland and related natural resource values should be accompanied by a new TMP.

 

The proposed JTMP has been reviewed and approved by the California Department of Forestry and Fire Protection. Planning staff has found that the applicant and submitted materials have met the requirements of Section 6957 of the County Zoning Regulations. All of the current owners of the subject parcels have agreed to the subject Regulatory Agreement and Declaration of Restrictive Covenants, which requires management and operation of the subject timberland according to the JTMP for 30 years. County Counsel has reviewed and approved this Agreement. If approved by the Board of Supervisors, the proposed JTMP, including the proposed recommendations, is to be implemented through the attached Regulatory Agreement (Attachment C).

 

FISCAL IMPACT

 

Nominal cost to the Planning and Building Department to monitor and respond to potential complaints of non-compliance with the approved JTMP at the subject properties. Defaults in JTMP compliance and/or violations at the subject properties will be processed by the Code Compliance Division, who will work together with the California Department of Forestry and Fire Protection staff and Planning staff, as needed, to resolve the default or violation. Should a default remain uncured for a period of 30 days or more, additional costs associated with the enforcement of Part II, Section A (Enforcement) of the Regulatory Agreement, may result.

 

ATTACHMENTS

 

A.

Letter from the Community Development Director conditionally approving two (2) Certificates of Compliance (Type A) to legalize the subject parcels, Lot Line Adjustment, Timberland Preserve Zone (Minor Development Permit), and a Coastal Development Permit Exemption (CDX), dated April 26, 2007.

   

B.

Resolution Authorizing Execution of a Regulatory Agreement and Declaration of Covenants

   

C.

Regulatory Agreement and Declaration of Restrictive Covenants

   

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