COUNTY OF SAN MATEO

Inter-Departmental Correspondence

PLANNING AND BUILDING DEPARTMENT

DATE:

August 27, 2007

BOARD MEETING DATE:

September 11, 2007

SPECIAL NOTICE/HEARING:

500-foot radius

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Lisa Grote, Director of Community Development

SUBJECT:

EXECUTIVE SUMMARY: Consideration of: a General Plan map amendment to change a 9,000 sq. ft. area in the San Mateo Highlands from General Open Space to Medium-Low Density Residential; a text amendment to the zoning regulations creating a new “S-81” zoning combining district; rezoning an 11.78-acre portion in the San Mateo Highlands from RE/SS-107 to 9,000 sq. ft. of R-1/S-81, and the remainder to RM; and a text amendment to the RM district regulations adding a conservation easement requirement upon property subdivision.

RECOMMENDATION

1.

Adopt the Mitigated Negative Declaration prepared for the proposed project, approve a Categorical Exemption under CEQA for the RM text amendment, and authorize staff to file a Notice of Exemption;

2.

Amend, by resolution, the General Plan on the General Plan Mid-Bayside Map;

3.

Rezone, by ordinance, an 11.78-acre portion of APN 041-101-290;

4.

Add, by ordinance, a new combining district S-81 to the Zoning Code; and

5.

Amend, by ordinance, the RM District regulations as described below.

VISION ALIGNMENT

Commitment: The proposed project keeps the commitment of “preserving and providing people access to our natural environment.”

Goal: Number 13, which states, “fixing the boundary between open space and development protects the quality of the natural environment,” and Number 14, which states that “important natural resources are preserved and enhanced through environmental stewardship.

Response: The proposed Amendments and Rezoning for parcels in the San Mateo Highlands guide future development of property in such a way that cluster development and maintenance of open space is encouraged. The proposed amendment to the text of the RM Zoning Regulations helps maintain the boundary between development and open space Countywide.

BACKGROUND

Proposal: The proposed project includes four actions:

1.

Amend the General Plan by changing the land use designation on the General Plan Map for a 9,000 sq. ft. portion of an 11.78-acre portion of land in the San Mateo Highlands area. The amendment changes the designation of this 9,000 sq. ft. portion from General Open Space to Medium-Low Density Residential designation.

2.

Rezone the entire 11.78-acre portion from the R-E/SS-107 zoning designation to two districts: a 9,000 sq. ft. portion to R-1/S-81, and the remaining 11.57-acre portion to RM (Resource Management). The intent is to allow a maximum density of two dwelling units on the 11.78-acre portion.

3.

Add a new combining district (S-81) to the Zoning Code. The proposed district is consistent with the adjacent S-8 district in the Highlands community. The only difference between S-8 and S-81 is the minimum lot size standard. The S-8 minimum lot size is 7,500 sq. ft. and the proposed S-81 minimum lot size is 9,000 sq. ft.

4.

A text amendment to the RM District regulations adding a provision requiring, after any land division(s), that a permanent conservation easement be granted to the County that limits the use of lands to uses consistent with open space. Specifically, RM District would be amended by adding a new Section:

“SECTION 6317A. CONSERVATION OPEN SPACE EASEMENT. Require, after any land divisions, that the applicant grant to the County (and the County to accept) a conservation easement containing a covenant, running with the land in perpetuity, which limits the use of the land covered by the easement to uses consistent with open space (as defined in the California Open Space Lands Act of 1972 on January 1, 1980). The boundaries of the conservation easement may be modified by the parties for purposes of health, safety and maintenance of the uses allowed at the time of the subdivision provided that the original intent and purposes of the conservation easement are maintained.

The land subject to a conservation easement is that land which is not designated for development under a Master Land Division Plan under the requirements of Chapter 23 (Development Review Procedure). The boundaries between the land designated as a conservation easement and the land available for development shall be chosen, at a minimum, so that improvements allowable at the time of subdivision may be made in areas outside the conservation easement, provided however, that no increase in density credits is implied or created and any development planned under this provision will be subject to the State laws and County regulations in place at the time the development is sought to be implemented. For purposes of Section 6317A, a “land division” does not include:

A.

A lot line adjustment unless the proposed lot line adjustment will increase the intensity of use or density credits of the master parcel.

B.

A land division resulting from a transfer of land to a public agency or non-profit organization for public recreation or open space purposes provided that the land acquired by the government agency or non-profit organization is dedicated as public open space or parkland in perpetuity.”

SUMMARY AND DISCUSSION

The first part of this project addresses issues regarding an 11.78-acre portion of a 99-acre parcel in the unincorporated San Mateo Highlands area. The 99-acre parcel is divided into approximately 87 acres zoned RM, and 11.78 acres zoned R-E/SS-107. A subdivision and development application is pending on the RM portion of the site, but not on the 11.78-acre portion, raising questions about the remaining development potential of these 11.78 acres. Current zoning would allow only two units on the 11.78 acres, but the property could be proposed for rezoning in the future. In February 2007, the Board of Supervisors asked the Planning and Building Department to prepare a proposal to rezone the 11.78-acre portion in a manner that maintains existing density and create a text amendment for review and consideration.

The proposed project would rezone most of the 11.78-acre portion to RM, making it consistent with the remainder of the 99-acre parcel. To maintain the current development potential of the site, the project also proposes a General Plan amendment and rezoning to create a second, 9,000 sq. ft. portion. The second part of the project proposes a RM zoning text amendment to make RM regulations Countywide consistent with the RM-CZ Zoning District regulations. The amendment would require dedication of a conservation easement on those areas of the parcel that are not proposed for development as a condition of approval of a land division. Under current RM zoning, development is already required to be clustered and sited so that areas of open space and environmental concern on the property are adequately preserved and protected. This amendment does not change or expand those zoning requirements. Rather, it provides a mechanism to enforce the existing requirements. It helps to avoid the situation in which areas being retained for non-development or open space under one development approval are then inadvertently developed later under a new or second development scheme. All of the recommended actions are consistent with the General Plan. The Planning Commission recommended approval of this project at its July 11 public hearing.

FISCAL IMPACT

The proposed project has no direct fiscal impact on the County. The amendment to the RM zoning text to require a conservation easement upon land division might potentially have the indirect impact of modifying the property taxes levied on subdivided properties.