COUNTY OF SAN MATEO Inter-Departmental Correspondence
PLANNING AND BUILDING DEPARTMENT
DATE:						March 19, 2008
BOARD MEETING DATE:						April 8, 2008
SPECIAL NOTICE/HEARING:						10 days, within 300 feet
VOTE REQUIRED:						Majority
TO:				Honorable Board of Supervisors
FROM:				Lisa Grote, Director of Community Development
SUBJECT:				Consideration of a request to establish a Class A Agricultural Preserve, pursuant to the California Land Conservation Act of 1965 and Board of Supervisors Resolution No. 44396, for two parcels totaling 81 acres located at 11200 Cabrillo Highway, in the unincorporated Pescadero area of San Mateo County.
				County File Number:	PLN 2006-00126 (Cordes)
RECOMMENDATION
1.	Find that the request is consistent with the County General Plan, the Planned Agricultural District/Coastal Development District, the California Land Conservation Act, and Board of Supervisors Resolution No. 44396, relating to the implementation of the California Land Conservation Act in San Mateo County.
2.	Adopt a resolution to establish the subject property as an agricultural preserve and authorize execution of a California Land Conservation Contract regarding the subject property.
3.	Find that this project is categorically exempt under the provisions of Section 15317, Class 17, (Agriculture or Open Space Contracts or Easements), of the California Environmental Quality Act.
VISION ALIGNMENT
Commitment: This proposal keeps the commitment of “Preserve and provide people access to our natural environment.”
Goal 14: “Important natural resources are preserved and enhanced through environmental stewardship.”
The proposed agricultural preserve contributes to this commitment and goal by restricting uses of the parcels to agriculture, open space and compatible uses. Placing the parcels under contract will ensure that the prime agricultural soils on the site will not be lost by conversion during the life of this contract.
BACKGROUND
Proposal: The applicant is requesting the approval of a Class A Agricultural Preserve for two parcels totaling 81 acres in the Planned Agricultural Zoning District.
Report Prepared By: James A. Castañeda, Project Planner, Telephone 650/363-1853
Applicant/Owner: Richard A. Cordes
Location: 11200 Cabrillo Highway, Pescadero
APNs: 086-191-070 and 086-191-080
Size: 81 acres (total acreage of the two parcels)
Existing Zoning: PAD/CD (Planned Agricultural District/Coastal Development District)
General Plan Designation: Agricultural
Sphere-of-Influence: Pescadero
Existing Land Use: Row crops
Flood Zone: FEMA Zone C (areas of minimal flooding), Panel No. 060311-0425 B; July 5, 1984
Environmental Evaluation: Categorically exempt, Section 15317, Class 17, Agriculture or Open Space Contracts or Easements
Setting: The project parcels are located in the South County area, across from Pebble Beach State Beach and are accessed directly from Cabrillo Highway. The two parcels (086-191-070, -080) are both undeveloped and approximately 1.4 miles south of Pescadero, a rural service center. Both parcels are completely utilized by ongoing, active farming.
DISCUSSION
A.	PREVIOUS ACTION
	On September 12, 2007, the Planning Commission unanimously recommended to the Board of Supervisors the establishment of a Class A Agricultural Preserve for the subject parcels.
B.	KEY ISSUES
	The following criteria must be considered prior to the establishment of an agricultural preserve:
	1.	Conformance with General Plan
		The proposed agricultural preserve is consistent with the General Plan designation of “Agricultural” on these properties.
	2.	Conformance with Agricultural Preserve Requirements
		a.	Zoning Classification
			In order to be included in an agricultural preserve, land must be zoned Resource Management or Planned Agricultural Development. The subject parcels are zoned Planned Agricultural Development.
		b.	Minimum Parcel Size
			Lands under a Class A Contract must consist of at least 40 acres, 50% prime soils, and be located within two miles of an area designated as a rural service area. The project site consists of two contiguous parcels, under common ownership, totaling 81 acres. Both parcels contain more than 50% prime soils (Parcel 086-191-070 = 55.8%, Parcel 086-191-080 = 84.3%) as defined and classified by the National Resource Conservation District (NRCS) to have a Storie Index Rating of 80 to 100. The site is just over one mile from Pescadero, which is designated by the County General Plan as a rural service center. Based upon the above criteria, this project qualifies for a Type A Contract.
		c.	Land Use
			Government Code Section 51242 (Williamson Act Regulations) states that contracts can only be approved for land that is devoted to an economically viable agricultural use. Section 51201(b) defines “Agricultural Use” as the production of an agricultural commodity for commercial purposes. Currently, the property owner leases the land to an adjacent farming operator who actively farms approximately 85.2% of Parcel 086-191-070 and 84.2% of Parcel 086-191-080. The farming operation consists the growing of Brussels sprouts, artichokes, leeks and fava beans on a rotation basis. The portions of each parcel that are not utilized for farming are natural pastures. Additionally, the subject lands comply with Section 51201(c) definition of “Prime Agricultural Land,” as evidenced by: (1) the noted crops normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than $250 per acre (as confirmed by the County Agricultural Commissioner), and (2) the crops are regularly irrigated; the owner has a producing well on both parcels and owns 74 shares of the Lake Lucerne Mutual Water Company (located approximately 3/4 mile from the subject parcels), which allows for ample water storage and usage for year-round farming.
			Section 51243(a) states that every contract “shall provide for the exclusion of uses other than agricultural, and other than those compatible with agricultural uses, for the duration of the contract.” Currently, there is no development – other than ongoing farming – on either of the subject parcels. Additionally, both the terms of the contract and recommended conditions of this approval shall disclose these constraints on any future development. Any future development would have to be deemed a “compatible use” per the Williamson Act regulations and contract, and be subject to the Planned Agricultural District regulations. For instance, a future residence would be deemed compatible with the Williamson Act contract and would require a PAD permit.
	3.	Conformance with Local Coastal Program
		The establishment of an agricultural preserve does not involve any development as defined by Policy 1.2 of the County’s Local Coastal Program; therefore, this project is not subject to the Local Coastal Program and does not require the issuance of a Coastal Development Permit.
C.	REVIEWING AGENCIES
	San Mateo County Agricultural Advisory Committee – The Agricultural Advisory Committee reviewed this project on February 12, 2007 and recommended approval. The County Counsel has reviewed and approved the report and Class A Agricultural Preserve Contract as to content and form.
FISCAL IMPACT
The County Assessor’s Office has calculated that approval of this agricultural preserve application will result in an estimated yearly loss of taxes of $10,353.76. Of the total estimated yearly loss in taxes to the County, about $2,884.56 per year will be replaced by State subvention money designated to assist County implementation of the Williamson Act. The estimated loss to the County, affected school and other districts per year is as follows: