20090210_m

COUNTY OF SAN MATEO

Inter-Departmental Correspondence

PLANNING AND BUILDING DEPARTMENT

DATE:

January 26, 2009

BOARD MEETING DATE:

February 10, 2009

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 accept and record a Habitat Easement, as required by a Conditional Use Permit for a telecommunications tower farm located on San Bruno Mountain, in the unincorporated Brisbane area of San Mateo County.

County File Number:

PLN 2000-00059 (American Tower)

RECOMMENDATION

Adopt a resolution authorizing the acceptance and recordation of a Habitat Easement, consistent with the San Bruno Mountain Habitat Conservation Plan (HCP) of 1982 and subsequent updates.

VISION ALIGNMENT

Commitment: The proposed project keeps the commitment of “Preserving and providing people access to our natural environment.” Accepting the Habitat Easement will preserve the open space character of the subject parcel for the foreseeable future.

Goals 13 and 14: The proposed project achieves Goal 13: “Fix the boundary between open space and development to protect the quality of the natural environment.” This proposal contributes to this commitment as it preserves open space and serves to protect habitat in an environmentally sensitive area. The proposed project also achieves Goal 14: “Important natural resources are preserved and enhanced through environmental stewardship.” This proposal contributes to this goal by restricting the existing telecommunications related uses of the property to their current locations.

BACKGROUND

Proposal: The applicant has requested a renewal of the Use Permit to allow continued operation of a telecommunications facility on San Bruno Mountain. A review of the Conditions of Approval from the last renewal, July 2000, identified an outstanding condition that required the applicant to dedicate a habitat easement to the County for all lands which are outside the existing and proposed development areas. This particular condition was derived from the 1982 San Bruno Mountain Habitat Conservation Plan’s Radio Ridge management unit section.

As this particular condition has been included in several permit renewals without completion, staff required that the applicant comply with the outstanding condition prior to the Use Permit Renewal and public hearing before the Zoning Hearing Officer. The applicant has coordinated with the Habitat Conservation Plan (HCP) coordinator, TRA Environmental Sciences, Inc., to formulate the required habitat easement in accordance with goals and objectives of the HCP.

Report Prepared By: Angela Chavez, Project Planner, Telephone 650/599-7217

Applicant/Owner: American Tower Corporation

Location: Radio Road, Unincorporated Brisbane

APN(s): 090-120-010, -020, -030, -040, -050, -060, - 080, -100, and -110

Size: 21 acres

Existing Zoning: RM (Resource Management District)

General Plan Designation: General Open Space

Existing Land Use: Telecommunications Facility

Flood Zone: FEMA Flood Insurance Rate Map Zone C (Area of Minimal Flooding); Panel No. 060311-0025B, Effective Date: July 5, 1984.

Environmental Evaluation: Categorically Exempt under Section 15317 of the California Environmental Quality Act Guidelines (CEQA) – which allows for the establishment and acceptance of easements in order to maintain the open space character of an area.

Setting: The subject property is located atop San Bruno Mountain. San Bruno Mountain is a prominent landform, approximately 3,000 acres in size, on the San Francisco Peninsula just below the San Francisco County line. All of San Bruno Mountain lies within San Mateo County, and portions are within the jurisdictions of three surrounding cities: Brisbane, South San Francisco, and Daly City. Although urban development surrounds San Bruno Mountain, most of the mountain remains as open space.

There are 10 major towers that stand along the ridge of the subject site, 17 earth to satellite station antennas, and seven buildings housing the transmitting equipment of the various site users. The development extends approximately one-half mile along the mountain’s ridge. This area is accessible to the public via Radio Road through the San Bruno County Regional Park entrance off of Guadalupe Canyon Parkway.

A number of rare and endangered species inhabit the project area. The dominant vegetation found on the project site is coastal scrub/chaparral, with smaller areas of grassland intermixed. There are several rare plant species found on San Bruno Mountain, including two State of California listed endangered plants, Montara Mt. manzanita and Pacific manzanita. The mountain also contains habitat for three federally listed endangered butterflies: the Mission Blue, the San Bruno Elfin, and the callippe silverspot (see Attachment C – Map of the easement area)..

Chronology: In November 1982, the San Bruno Mountain Habitat Conservation Plan (HCP) was adopted. In 1982 and 1983, Use Permits (UP 82-4 and UP 81-36) were approved that allowed the erection of a 33-foot earth station antenna and equipment microvan and the provision to allow 21 sites for the eventual erection of 21 earth station antennas with associated buildings, equipment, fences, underground utilities, and a 250-foot radio tower. There are also several transmission towers of lower heights as well as cellular transmission facilities, the latter of which operate via their own separate Use Permits. Administrative Reviews were completed in 1986 and 1987. In June 1988, the Use Permit was renewed with amendments. In July 2000, the Use Permit Renewal was approved without amendments with a requirement to record the subject habitat easement within three months. In October 2006, the applicant submitted the latest request for the renewal of the permit. In May 2008, the applicant submitted the first draft of the required habitat easement.

DISCUSSION

A.

KEY ISSUES

1.

San Bruno Habitat Conservation Plan (HCP)

The San Bruno HCP is divided into two parts. Volume I includes a historical review of the area, the biological principles, and the institutional arrangement for the plan operations. Volume II details a specific plan for each of the parcels of land on the mountain. The area that encompasses the subject telecommunications facility is identified as Radio Ridge (Management Unit

3-01). The requirement of the habitat easement is derived from the operating program for Radio Ridge and requires the following:

VII-Operating Program

4.

Prior to any construction within Administrative Parcel 3-01, the Landowner shall provide for the following:

(a)

Dedication of Conserved Habitat. The Landowner shall agree to dedicate or grant a habitat easement to the County all lands within Administrative Parcel 3-01 which are outside existing and proposed development areas.

The recordation of the proposed habitat easement would not only bring the project site into compliance with the HCP but would also further restrict future development on the undisturbed portions of the property, thereby protecting the sensitive habitats and open space aesthetic of the mountain.

2.

Conformance with General Plan

The proposed Habitat Easement is consistent with the County’s General Plan designation of “General Open Space” on this parcel.

3.

Conformance with Zoning Regulations

The Habitat Easement is consistent with the Resource Management District, Chapter 20A, of the San Mateo County Zoning Regulations as the habitat easement will discourage additional development and protect sensitive habitats and existing open space on the San Bruno Mountain site which is surrounded by State and County parklands.

B.

ENVIRONMENTAL REVIEW

This project is exempt under Section 15317, Class 17, related to the establishment of easements in order to maintain the open space character of any area, of the California Environmental Quality Act (CEQA).

C.

REVIEWING AGENCIES

County Counsel

San Mateo County Parks Department

FISCAL IMPACT

None.

ATTACHMENTS

A.

Location Map

B.

Resolution adopting a Habitat Easement

C.

Legal Descriptions and Maps for Habitat Easement



COUNTY OF SAN MATEO Inter-Departmental Correspondence

PLANNING AND BUILDING DEPARTMENT

DATE:							January 26, 2009
BOARD MEETING DATE:							February 10, 2009
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 accept and record a Habitat Easement, as required by a Conditional Use Permit for a telecommunications tower farm located on San Bruno Mountain, in the unincorporated Brisbane area of San Mateo County.

				County File Number:		PLN 2000-00059 (American Tower)


RECOMMENDATION

Adopt a resolution authorizing the acceptance and recordation of a Habitat Easement, consistent with the San Bruno Mountain Habitat Conservation Plan (HCP) of 1982 and subsequent updates.

VISION ALIGNMENT

Commitment: The proposed project keeps the commitment of “Preserving and providing people access to our natural environment.” Accepting the Habitat Easement will preserve the open space character of the subject parcel for the foreseeable future.

Goals 13 and 14: The proposed project achieves Goal 13: “Fix the boundary between open space and development to protect the quality of the natural environment.” This proposal contributes to this commitment as it preserves open space and serves to protect habitat in an environmentally sensitive area. The proposed project also achieves Goal 14: “Important natural resources are preserved and enhanced through environmental stewardship.” This proposal contributes to this goal by restricting the existing telecommunications related uses of the property to their current locations.

BACKGROUND

Proposal: The applicant has requested a renewal of the Use Permit to allow continued operation of a telecommunications facility on San Bruno Mountain. A review of the Conditions of Approval from the last renewal, July 2000, identified an outstanding condition that required the applicant to dedicate a habitat easement to the County for all lands which are outside the existing and proposed development areas. This particular condition was derived from the 1982 San Bruno Mountain Habitat Conservation Plan’s Radio Ridge management unit section.

As this particular condition has been included in several permit renewals without completion, staff required that the applicant comply with the outstanding condition prior to the Use Permit Renewal and public hearing before the Zoning Hearing Officer. The applicant has coordinated with the Habitat Conservation Plan (HCP) coordinator, TRA Environmental Sciences, Inc., to formulate the required habitat easement in accordance with goals and objectives of the HCP.

Report Prepared By: Angela Chavez, Project Planner, Telephone 650/599-7217

Applicant/Owner: American Tower Corporation

Location: Radio Road, Unincorporated Brisbane

APN(s): 090-120-010, -020, -030, -040, -050, -060, - 080, -100, and -110

Size: 21 acres

Existing Zoning: RM (Resource Management District)

General Plan Designation: General Open Space

Existing Land Use: Telecommunications Facility

Flood Zone: FEMA Flood Insurance Rate Map Zone C (Area of Minimal Flooding); Panel No. 060311-0025B, Effective Date: July 5, 1984.

Environmental Evaluation: Categorically Exempt under Section 15317 of the California Environmental Quality Act Guidelines (CEQA) – which allows for the establishment and acceptance of easements in order to maintain the open space character of an area.

Setting: The subject property is located atop San Bruno Mountain. San Bruno Mountain is a prominent landform, approximately 3,000 acres in size, on the San Francisco Peninsula just below the San Francisco County line. All of San Bruno Mountain lies within San Mateo County, and portions are within the jurisdictions of three surrounding cities: Brisbane, South San Francisco, and Daly City. Although urban development surrounds San Bruno Mountain, most of the mountain remains as open space.

There are 10 major towers that stand along the ridge of the subject site, 17 earth to satellite station antennas, and seven buildings housing the transmitting equipment of the various site users. The development extends approximately one-half mile along the mountain’s ridge. This area is accessible to the public via Radio Road through the San Bruno County Regional Park entrance off of Guadalupe Canyon Parkway.

A number of rare and endangered species inhabit the project area. The dominant vegetation found on the project site is coastal scrub/chaparral, with smaller areas of grassland intermixed. There are several rare plant species found on San Bruno Mountain, including two State of California listed endangered plants, Montara Mt. manzanita and Pacific manzanita. The mountain also contains habitat for three federally listed endangered butterflies: the Mission Blue, the San Bruno Elfin, and the callippe silverspot (see Attachment C – Map of the easement area)..

Chronology: In November 1982, the San Bruno Mountain Habitat Conservation Plan (HCP) was adopted. In 1982 and 1983, Use Permits (UP 82-4 and UP 81-36) were approved that allowed the erection of a 33-foot earth station antenna and equipment microvan and the provision to allow 21 sites for the eventual erection of 21 earth station antennas with associated buildings, equipment, fences, underground utilities, and a 250-foot radio tower. There are also several transmission towers of lower heights as well as cellular transmission facilities, the latter of which operate via their own separate Use Permits. Administrative Reviews were completed in 1986 and 1987. In June 1988, the Use Permit was renewed with amendments. In July 2000, the Use Permit Renewal was approved without amendments with a requirement to record the subject habitat easement within three months. In October 2006, the applicant submitted the latest request for the renewal of the permit. In May 2008, the applicant submitted the first draft of the required habitat easement.

DISCUSSION

A.	KEY ISSUES

	1.	San Bruno Habitat Conservation Plan (HCP)

		The San Bruno HCP is divided into two parts. Volume I includes a historical review of the area, the biological principles, and the institutional arrangement for the plan operations. Volume II details a specific plan for each of the parcels of land on the mountain. The area that encompasses the subject telecommunications facility is identified as Radio Ridge (Management Unit 3-01). The requirement of the habitat easement is derived from the operating program for Radio Ridge and requires the following:

		VII-Operating Program

		4.	Prior to any construction within Administrative Parcel 3-01, the Landowner shall provide for the following:

			(a)		Dedication of Conserved Habitat. The Landowner shall agree to dedicate or grant a habitat easement to the County all lands within Administrative Parcel 3-01 which are outside existing and proposed development areas.

		The recordation of the proposed habitat easement would not only bring the project site into compliance with the HCP but would also further restrict future development on the undisturbed portions of the property, thereby protecting the sensitive habitats and open space aesthetic of the mountain.

	2.	Conformance with General Plan

		The proposed Habitat Easement is consistent with the County’s General Plan designation of “General Open Space” on this parcel.

	3.	Conformance with Zoning Regulations

		The Habitat Easement is consistent with the Resource Management District, Chapter 20A, of the San Mateo County Zoning Regulations as the habitat easement will discourage additional development and protect sensitive habitats and existing open space on the San Bruno Mountain site which is surrounded by State and County parklands.

B.	ENVIRONMENTAL REVIEW

	This project is exempt under Section 15317, Class 17, related to the establishment of easements in order to maintain the open space character of any area, of the California Environmental Quality Act (CEQA).

C.	REVIEWING AGENCIES

	County Counsel
	San Mateo County Parks Department

FISCAL IMPACT

None.

ATTACHMENTS

A.	Location Map
B.	Resolution adopting a Habitat Easement
C.	Legal Descriptions and Maps for Habitat Easement