COUNTY OF SAN MATEO

Inter-Departmental Correspondence

PLANNING AND BUILDING DEPARTMENT

DATE:

May 4, 2009

BOARD MEETING DATE:

May 19, 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 rescind a Land Conservation (Williamson Act) Contract and replace it with an Open Space Easement, pursuant to Government Code Section 51255, the California Land Conservation Act of 1965, Open Space Easement Act of 1974, and Board of Supervisors Resolution No. 23739, on a 39.13-acre parcel located at 222 Portola State Park Road in the unincorporated La Honda area of San Mateo County.

County File Number:

PLN 2008-00334 (Colombi)

RECOMMENDATION

Adopt a resolution authorizing the rescission of a California Land Conservation Contract (Williamson Act) and simultaneous execution of a grant of 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. 23739 (original Williamson Act Contract Resolution; recorded 1967), for the subject property for a self-renewing term of 10 years.

VISION ALIGNMENT

Commitment: The proposed project keeps the commitment of “Preserving and providing people access to our natural environment.” Substitution of a Land Conservation Agreement with the proposed California 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

The applicant has proposed to rescind a previously approved Land Conservation Agreement (Williamson Act) (the “Contract”) and simultaneously enter into a California Open Space Easement, pursuant to the California Land Conservation Act and Open Space Easement Act of 1974.

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

Applicant: Gerald Colombi

Owners: Gerald Colombi and Betine Lee, Trustees

Location: 222 Portola State Park Road, La Honda

APN: 085-100-260

Size: 39.13 acres

Existing Zoning: RM (Resource Management)

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 0375 B.

Environmental Evaluation: Categorically Exempt under Provisions of Class 17, Section 15317 of the California Environmental Quality Act Guidelines; Acceptance of easements in order to maintain the open space character of the area.

Setting: The subject 39.13-acre property is located approximately 0.34 miles south of Alpine Road, 2.87 miles from Skyline Boulevard (Highway 35) and 4 miles southeast of the town of La Honda. The property is improved with one main residence, two water tanks, septic tank, and leach field. The parcel is located approximately 2,000 feet from the Portola Redwoods State Park and located in the Portola State Park Road County

Scenic Corridor. The surrounding parcels are designated Open Space, Public Recreation, and one parcel designated for Timber Production.

Chronology: On April 27, 1967, a Land Conservation Agreement for the 189-acre parent parcel was recorded in the San Mateo County Records. As a result of a subdivision, approved on March 25, 1969, the subject parcel was created and is still subject to the terms of the original contract. On June 5, 2008, a Notice of Non-Renewal of the California Land Conservation Contract for the subject parcel was recorded. On August 19, 2008, an application to rescind this Contract and replace it with an Open Space Easement was submitted.

DISCUSSION

A.

KEY ISSUES OF THE APPEAL

1.

Proposed/Future Development

The parcel is improved with one single-family residence. The owner applied for a Resource Management District permit to construct a new single-family residence; replacing the existing residence proposed to be demolished. Final planning approval of this permit occurred on July 7, 2008. To date, that building permit has not been submitted. The replacement of the existing residence with a new residence is not in conflict with the property’s Williamson Act Contract. Additionally, as previously stated, a Notice of Non-Renewal has been recorded on the parcel.

Future development includes construction of a barn and a new primary single-family residence, thereby establishing the previously approved single-family residence as a second dwelling unit. It is the future proposal of the second house and barn, given the constraints applicable for the nine-year Contract Non-Renewal period, that have prompted the owner to request the subject replacement of the Williamson Act Contract with the Open Space Easement. Upon recordation of the Open Space Easement the constraint to adding the second house will no longer apply.

2.

California Land Conservation Act of 1965 (Williamson Act)

The California Land Conservation Act, also known as the Williamson Act, allows the County to enter into agreements with landowners whereby the owners restrict use of their property in accordance with the terms of the agreement. In return, the owners pay reduced property taxes for the life of the contract.

The contract is a ten-year, annually self-renewing contract. Unless the owner files for non-renewal of the Contract, it automatically renews each year for an additional ten-year period. Upon filing for non-renewal, the Contract runs for a final ten-year period.

3.

Recordation of Non-Renewal of Williamson Act Contract

On June 5, 2008, the County recorded a Notice of Non-Renewal of the Land Conservation Contract in question, at the request of the property owner, for the purpose of allowing the proposed and future development to occur on a parcel that currently has no agriculture production. If no other action is taken, the contract will expire on December 31, 2017. At that point only the normal zoning controls would apply.

4.

Authority to Replace a Land Conservation Contract with an Open Space Easement

Williamson Act Government Code Section 51255, authorizes the County and the property owner, upon their mutual agreement, to replace a Land Conservation Contract with an Open Space Easement. Upon recordation, recession of the Contract and simultaneously entering into an Open Space Easement will release the property from the Contract’s constraints and subject the property to the constraints of the Open Space Easement.

The owner has requested that the County agree to replace the existing Land Conservation contract with an Open Space Easement. According to Government Code Section 51255, the basic findings as discussed in Section 7 below, which the Board must make, is that the easement is consistent with the Williamson Act.

5.

Provisions of Proposed Open Space Easement

The proposed Open Space Easement designates 3.51 acres of the 39.13-acre parcel to be used and maintained for the land uses currently authorized under applicable County land use ordinances and that are compatible uses as defined in the Open Space Easement Act of 1974. This designated 3.51-acre portion accommodates the proposed main residence, future second dwelling unit, future barn, water tanks, and access to these uses. The remaining 35.62 acres will be maintained as open space subject to the Open Space Easement.

6.

Conformance with General Plan

The proposed California Open Space Easement is consistent with the General Plan designation of “General Open Space” on this parcel.

7.

Findings

The Board of Supervisors must find, by resolution, the following:

a.

That the preservation of the land as open space is consistent with the County General Plan.

The proposed Open Space Easement is consistent with the designation of General Open Space because open space can be suitably provided on the parcel and that proposed and future development will be clustered among existing development and that this development can take access from the existing road and driveway.

b.

That the preservation of the land as open space is in the best interest of the County.

The proposed open space easement on this parcel will enhance and contribute to the rural character of the subject parcel and the surrounding public recreation and open space areas given its proximity to the Portola Redwoods State Park and location within a county scenic corridor.

By restricting development uses, the proposed open space easement will aid in preserving existing conditions of the subject parcel for the foreseeable future.

B.

ENVIRONMENTAL REVIEW

This project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), Section 15317, Class 17; Acceptance of easements in order to maintain the open space character of the area.

C.

REVIEWING AGENCIES

County Counsel

FISCAL IMPACT

The adopted easement will not lower the subject parcel’s tax burden below current levels and, therefore, has no fiscal impact on the County.

ATTACHMENTS

A.

Location Map

B.

Resolution adopting California Open Space Easement on subject property

C.

Notice of Rescission of Land Conservation Contract

D.

California Open Space Easement Agreement

E.

Site plan showing Open Space Easement location on subject parcel

F.

Site plan showing buildable area