COUNTY OF SAN MATEO

Inter-Departmental Correspondence

 

PLANNING AND BUILDING DEPARTMENT

 
 

DATE:

April 7, 2008

BOARD MEETING DATE:

April 22, 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: (1) amend a previously approved and recorded California Open Space Easement, pursuant to the California Land Conservation Act of 1965, Open Space Easement Act of 1974 and Board of Supervisors Resolution No. 64271, and (2) adopt a County Conservation Open Space Easement, pursuant to Section 6317A of the San Mateo County Zoning Regulations Resource Management (RM) District, required as conditions of a tentatively approved subdivision of a 20.4-acre parcel located at 130 Hildebrand Road, in the unincorporated La Honda area of San Mateo County.

 
 

County File Number:

PLN 2000-00838 (McCracken)

PLN 2006-00525 (McCracken)

 

RECOMMENDATION

 

1.

Adopt a resolution amending the California Open Space Easement, consistent with the California Land Conservation Act of 1965, the California Open Space Easement Act of 1974, and Board of Supervisors Resolution No. 64271, for the subject property.

   

2.

Adopt a resolution authorizing the acceptance and recordation of a County Conservation Open Space Easement, consistent with the County’s Resource Management District Zoning Regulations for the subject property.

   

VISION ALIGNMENT

 

Commitment: The proposed project keeps the commitment of “Preserving and providing people access to our natural environment.” Amending the existing California Open Space Easement and establishing a concurrent County Conservation Open Space Easement will preserve the open space character of the subject parcel for the foreseeable future.

 

Goal: The proposed project achieves Goal Number 14: “Important natural resources are preserved and enhanced through environmental stewardship.” This proposal contributes to this commitment and goal by restricting uses of the property to agriculture, open space and other compatible uses.

 

BACKGROUND

 

Proposal: As conditions of approval of a minor subdivision, the applicant has agreed on an amendment to an existing California Open Space Easement to further restrict the permitted uses on the parcel to be subdivided, consistent with the California Land Conservation Act, and has further agreed to grant a County Conservation Open Space Easement, as required by the County’s Resource Management Zoning Regulations, for the 20.4-acre parcel, which shall subsequently burden the two parcels, Parcel A and Parcel B (each 10.2 acres) resulting from the subdivision.

 

On November 15, 2007, the Zoning Hearing Officer tentatively approved a minor subdivision to subdivide the subject parcel into two 10.2-acre parcels (Parcels A and B). A condition of approval requires that the existing California Open Space Easement be amended and that a County Conservation Open Space Easement be established prior to final map recordation.

 

Report Prepared By: Melissa Ross, Project Planner, Telephone 650/599-1559

 

Applicant/Owner: Michael McCracken

 

Location: 130 Hildebrand Road, La Honda

 

APN: 078-220-130 (upon recordation of the final parcel map, the San Mateo County Assessor’s Office will assign two new Assessor Parcel Numbers to Parcel A and Parcel B)

 

Size: 20.4 acres

 

Existing Zoning: RM (Resource Management District)

 

General Plan Designation: General Open Space

 

Existing Land Use: Residential

 

Water Supply: Existing well

 

Sewage Disposal: Existing septic system

 

Flood Zone: FEMA Flood Insurance Rate Map Zone C (Area of Minimal Flooding); Panel No. 060311 0334 B, Effective Date July 5, 1984.

 

Environmental Evaluation: Revised Mitigated Negative Declaration prepared for associated minor subdivision. Public review period from October 20, 2007 to November 9, 2007.

 

Setting: The subject property is located less than 0.25 miles east of La Honda Road, approximately one-half mile north of the town of La Honda. The parcel has an average slope of 31 percent and contains natural vegetation throughout the property. The property is improved with one main residence and a second dwelling unit, barn, septic system, and water tanks, all built with the required building and planning permits. Properties to the south of the project site range from 0.11 to 0.60 acres in size and are improved with 1- and 2-story single-family residences; to the west, there is a single-family residence on a 20-acre parcel; and to the north and east is open space.

 

Chronology: On December 20, 2006, an application for a minor subdivision was submitted. On April 25, 2007, the status of the planning case was pending the results of the State of California Williamson Act audit. The Zoning Hearing Officer public hearing was held on November 15, 2007, and the minor subdivision was tentatively approved.

 

DISCUSSION

 

A.

KEY ISSUES

   
 

On November 15, 2007, the Zoning Hearing Officer tentatively approved a minor subdivision to subdivide the subject parcel into two 10.2-acre parcels (Parcels A and B). A condition of approval is that the existing California Open Space Easement be amended and that the applicant grant a County Conservation Open Space Easement prior to final map recordation.

   
 

1.

Amendment to California Open Space Easement

     
   

The current California Open Space Easement allows for the following uses permitted in the Resources Management District under Section 6315 and Section 6316 of the San Mateo County Zoning Regulations:

     
   

Section 6315. Permitted Uses

     
   

(a)

Agricultural uses and accessory structures, on-site sales of agricultural products

       
   

(b)

Nurseries and greenhouses

       
   

(c)

Temporary trailer parks and other housing for farm laborers

       
   

(d)

Livestock raising and grazing

       
   

(i)

Single-family residences

       
   

(o)

Public and private clubs

       
   

(p)

Public recreation

       
   

(q)

Commercial recreation, including but not limited to stables and riding academies, golf courses, campgrounds, dude ranches, and motorcycle parks in accordance with adopted policies on motorcycle parks and related facilities

       
   

(s)

Home occupations

       
   

(t)

Wineries; provided that the annual storage capacity shall not exceed 10,000 gallons, the annual fermentation capacity shall not exceed 5,000 gallons, and the annual bottling shall not exceed 2,500 cases of wine; the only retail sales permitted will be those of wines produced on the premises

       
   

(w)

Keeping of pets in association with a one-family dwelling

       
   

(x)

Limited keeping of pets in association with a second unit, farm labor housing unit or multiple-family dwelling unit

       
   

Section 6316. Second Dwelling Units

     
   

Second dwelling units

     
   

The proposed amendment would further restrict the permitted uses on this parcel and subsequent Parcels A and B by eliminating uses (b), (c), (o), (p), (q), (x) and second dwelling units. All other uses are expressly prohibited. Additionally, further subdivision of subsequent Parcel A or Parcel B is prohibited.

     
 

2.

County Conservation Open Space Easement

     
   

On September 11, 2007, the Board of Supervisors adopted Ordinance No. 4388, which amended the Zoning Regulations to require, after any land divisions in the Resource Management Zoning District, 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 on January 1, 1980, in the California Open Space Lands Act of 1972).

     
   

The proposed County Conservation Open Space Easement designates easement areas on Parcels A and B and limits the uses in the easement areas as follows: (1) that the property be used and maintained for the land uses currently authorized under applicable County land use ordinances, which uses are limited to residential and open space compatible uses, and (2) that the open space, scenic and vineyard and orchard growing values of the property be preserved in perpetuity.

     
 

3.

Conformance with General Plan

     
   

The proposed amended California Open Space Easement and County Conservation Open Space Easement are consistent with the General Plan designation of “General Open Space” on this parcel and subsequent Parcels A and B.

     
 

4.

Conformance with Zoning Regulations

     
   

The County Conservation Open Space Easement is consistent with Section 6317A of the San Mateo County Zoning Regulations.

     
     

B.

ENVIRONMENTAL REVIEW

   
 

Revised Mitigated Negative Declaration prepared for associated minor subdivision. Public review period from October 20, 2007 to November 9, 2007.

   

C.

REVIEWING AGENCIES

   
 

County Counsel

   

FISCAL IMPACT

 

No net change. Neither the new or amended easements will lower the project parcels’ tax burden below current levels.

 

ATTACHMENTS

 

A.

Location Map

B.

Resolution amending current California Open Space Easement (Doc. No. 2002-155921)

C.

Resolution adopting a County Conservation Open Space Easement

D.

Amendment to California Open Space Easement

E.

Grant of County Conservation Open Space Easement

LCG:MAR:fc – MARS0332_WFU.DOC