20070911_o3

ORDINANCE NO. ______________

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

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AN ORDINANCE AMENDING CHAPTER 20A OF DIVISION VI PART ONE
OF THE SAN MATEO COUNTY ORDINANCE CODE (ZONING ANNEX) TO REVISE THE RM ZONING DISTRICT REGULATIONS TO INCLUDE A REQUIREMENT OF A PERMANENT CONSERVATION EASEMENT DEDICATION TO THE COUNTY UPON ANY DIVISION OF RM-ZONED LAND

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The Board of Supervisors of the County of San Mateo, State of California, ordains as follows:

SECTION 1. Chapter 20A of Part One of Division VI of the San Mateo County Ordinance Code, to be amended by adding a new section 6317.A to read as follows:

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.

SECTION 2. This ordinance shall be in full force and effect thirty (30) days after adoption by the San Mateo County Board of Supervisors.

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ORDINANCE NO. ______________

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

*** * * * * ***

AN ORDINANCE AMENDING CHAPTER 20A OF DIVISION VI PART ONE OF THE SAN MATEO COUNTY ORDINANCE CODE (ZONING ANNEX) TO REVISE THE RM ZONING DISTRICT REGULATIONS TO INCLUDE A REQUIREMENT OF A PERMANENT CONSERVATION EASEMENT DEDICATION TO THE COUNTY UPON ANY DIVISION OF RM-ZONED LAND
____________________________________________________________

The Board of Supervisors of the County of San Mateo, State of California, ordains as follows:

SECTION 1. Chapter 20A of Part One of Division VI of the San Mateo County Ordinance Code, to be amended by adding a new section 6317.A to read as follows:

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.

SECTION 2. This ordinance shall be in full force and effect thirty (30) days after adoption by the San Mateo County Board of Supervisors.

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