Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Steve Monowitz, Director of Planning and Building
Subject: Public hearing regarding a California Land Conservation (Williamson) Act contract for APN 081-310-140.
County File Number: PLN2023-00078 (Boynton)
RECOMMENDATION:
title
Public hearing for consideration of a California Land Conservation (Williamson) Act Contract in the unincorporated San Gregorio area of San Mateo County for APN 081-310-140.
A) Open public hearing
B) Close public hearing
C) Recommendation to:
1. Find the request to execute a California Land Conservation Act Contract to be consistent with the County General Plan, Local Coastal Program, Planned Agricultural District/Coastal Development District, the California Land Conservation Act, and San Mateo County Land Conservation Act Uniform Rules and Procedures; and
2. Adopt a resolution authorizing execution of a California Land Conservation (Williamson) Act Contract for a 42.23 acre parcel located at 1000 Bear Gulch Road in the unincorporated San Gregorio area of San Mateo County for APN 081-310-140.
body
BACKGROUND:
Proposal: The applicant, Jeb Boynton, is requesting the execution of a California Land Conservation (Williamson) Act contract on a 42.23-acre parcel. The parcel is located on the east side of Bear Gulch Road at 1000 Bear Gulch Road, San Gregorio, CA 94074 (Assessor’s Parcel Number 081-310-140).
The parcel contains approximately 3.13 acres of prime agricultural land and 39.1 acres of non-prime agricultural land. Compatible non-agricultural development on the parcel consists of a single-family dwelling, detached garage, 294-square foot office, 80-square-foot shed, five water tanks, and a well and septic system. Approximately 39.5 acres is dedicated to agricultural use, and 2.73 acres to compatible uses. The entire property is currently under lease for livestock grazing and has been leased for livestock grazing since January 1, 2020; the current lease term is through December of 2025.
Report Prepared By: Luis Topete, Project Planner, ltopete@smcgov.org <mailto:ltopete@smcgov.org>
Applicant: Jeb Boynton
Owner: Jeb Boynton and Katie Barnes
Location: 1000 Bear Gulch Road, San Gregorio
APN: 081-310-140
Parcel Size: 42.23 acres
Existing Zoning: Planned Agricultural District/Coastal Development
General Plan Designation: Agriculture
Local Coastal Plan Designation: Agriculture
Williamson Act: Not contracted. Property is within an existing 397-acre Agricultural Preserve approved in 1967 (AP 67-49). The parcel is not identified on the San Mateo County Important Farmland Map (2018) as containing Prime Farmland but is mapped on the County of San Mateo Planning and Building Department Map Viewer as having approximately 3.13 acres of Prime Agricultural Land with a Class II land capability classification.
This parcel was under Williamson Act contract dating back to 1967. On August 9, 2011, the County Board of Supervisors adopted a resolution authorizing a County initiated Notice of Non-Renewal of California Land Conservation Contracts for an en-masse non-renewal filing of non-compliant Williamson Act contracted parcels. This was in response to a Department of Conservation audit conducted in 2007 in which 128 parcels were identified as non-compliant based on the following criteria: 1) surveys returned indicating no or insufficient commercial agriculture; (2) surveys not returned; and/or (3) parcel ineligible due to current zoning. The subject parcel was identified and listed. On September 23, 2011, the County recorded the Notice of Non-Renewal which began a nine-year contract phaseout and property tax reassessments. The contract expired on December 31, 2020. The applicant purchased this property in July of 2019. The subject parcel is currently under lease for livestock grazing and has been leased for livestock grazing since January 1, 2020, with a contract term through December 2025.
Existing Land Use: Grazing land, single-family dwelling, detached garage, 294-square-foot office, 80-square foot shed, five water tanks, well and septic system.
Water Supply: Existing domestic well
Sewage Disposal: Existing septic system
Flood Zone: Flood Zone X (area of minimal flooding) for a majority of the parcel; and Flood Zone A (1% annual chance of flooding) along the west end of the property near Clear Creek (~0.16 acres) and along the east end of the property along Corte Madera Creek (~3.42 acres). Federal Emergency Management Agency, Flood Insurance Rate Map, Community Panel 06081C0380E, effective October 16, 2012.
Environmental Evaluation: Categorically exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15317, Class 17 “Open Space Contracts or Easements,” which exempts the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area.
Setting: The subject parcel is located on the east side of Bear Gulch Road at 1000 Bear Gulch Road in San Gregorio, approximately 0.72 miles northeast of the intersection of Highway 84 and Bear Gulch Road. The property is surrounded on all sides by lands under Williamson Act contract. Adjacent lands are similarly used for agricultural and rural development. The property is fenced with rolling grassland and is partially wooded with steep terrain and bordered by Corte Madera Creek on the east.
DISCUSSION:
A. KEY ISSUES
Planning staff has reviewed this proposal and has concluded the following:
1. Compliance with the General Plan
The proposed Agricultural Land Conservation Act (LCA) Contract is consistent with the parcel’s General Plan Land Use Designation of “Agriculture.”
Policy 9.28 (Encourage Existing and Potential Agricultural Activities) seeks to encourage the continuance of existing agricultural and agriculturally related activities. Policy 9.31 (Protection of Agricultural Lands) seeks to apply methods which assist in the retention and expansion of lands with agricultural activities, such as density bonuses, and enforceable restrictions (e.g., easements, contracts, deed restrictions, or other appropriate methods).
Executing the LCA Contract in conformance with the California Land Conservation Act and San Mateo County Williamson Act Program for this property is consistent with these policies. The contract will restrict the use of the land to ongoing commercial agriculture, agriculturally related uses, and compatible uses in exchange for a property tax benefit that encourages retaining the property in agricultural production.
2. Compliance with Local Coastal Program (LCP) Policies:
The execution of the LCA Contract is not defined as development in the County’s Local Coastal Program. Thus, this action is not subject to the issuance of a Coastal Development permit. Though no permit is needed, this request is consistent with LCP agricultural policies.
3. Compliance with Zoning Regulations:
The request to execute a LCA Contract is consistent with the Planned Agricultural District and Coastal Development District regulations which seek to preserve and foster existing agricultural operations in order to keep the maximum amount of prime agricultural land and all other lands suitable for agriculture in agricultural production. As defined by the Zoning and Local Coastal Program Regulations, the property contains approximately 3.13- acres of prime agricultural land that would be placed under contract.
4. Compliance with the California Land Conservation Act and San Mateo County Williamson Act Uniform Rules and Procedures
a. Agricultural Preserve Requirements
Consistent with the provisions of Government Code Section 51230, if a property owner wishes to enter into a Williamson Act contract, the property in question must be located in an Agricultural Preserve (AGP). An AGP may be expanded or reduced by an action of the Board of Supervisors and shall not consist of less than 100 acres, unless the Board determines that an Agricultural Preserve of less than 100 acres is necessary due to the unique characteristics of the agricultural enterprises in the area, and that the establishment of preserves of less than 100 acres is consistent with the General Plan. Once included in the Agricultural Preserve, a landowner and the County may enter into a contract processed concurrently with the Agricultural Preserve application. If a landowner whose property is included in an AGP wishes to have that property excluded from the AGP, he/she may apply to disestablish or alter the boundaries of the preserve. The Board shall establish, disestablish, or alter an AGP after a public hearing has been held on the matter and notice thereof given as provided in Section 6061 of the Government Code.
The property was placed in an AGP at the time it concurrently entered into an LCA Contract in 1967. On August 9, 2011, the County Board of Supervisors authorized a County initiated Notice of Non-Renewal for this property which was recorded on September 23, 2011, beginning a nine-year contract phaseout and property tax reassessments. The contract expired on December 31, 2020. No action to disestablish or alter the boundaries of the existing AGP was taken. Thus, the property is within an existing 397-acre Agricultural Preserve approved in 1967 (AP 67-49). The majority of the adjacent lands are within existing Agricultural Preserves, with Class II prime agricultural soils located along Clear Creak to the north and the south. There are no contiguous lands under common ownership.
b. Contract Application and Minimum Eligibility Requirements
As required by Uniform Rule 3 Application Procedure, the applicant has submitted a legal parcel description; site plan identifying parcel boundaries and agricultural use areas; location, size, and use of all existing buildings and structures; and existing utilities. The parcel is legal with all structures either built by permit or currently going through the County building permit process. Additionally, the Statement of Agricultural Uses, including gross parcel acreage, acreage of the grazing operation by heads of livestock and area grazed, water sources, and compatible use calculations were submitted and verified by staff.
Staff has reviewed the applicable documents for minimum eligibility requirements (see below). The application is compliant with the requirements and qualifies under Grazing as the agricultural use for the proposed contract.
|
|
Williamson Act Program Requirements |
Planning Review |
Compliance |
|
Agricultural Enterprise Area1 |
Mapped: Agricultural Enterprise Area |
Yes |
Yes |
|
Important Farmland Series Map2 |
Mapped: Prime, Statewide Significance, Unique, or Local Importance |
Grazing Land |
-- |
|
Land Use Designation |
Open Space or Agriculture |
Agriculture |
Yes |
|
Zoning3 |
PAD, RM, or RM-CZ |
PAD |
Yes |
|
Parcel Size4 |
40 acres |
42.23 acres |
Yes |
|
Prime Soils5 |
-- |
3.13 acres |
-- |
|
Non-Prime Soils |
-- |
39.1 acres |
-- |
|
Crop Income6 |
None required |
N/A |
-- |
|
Acreage Used for Grazing7 |
75% of the parcel |
93.5% of the parcel |
Yes |
|
1. In San Mateo County, there is a region in which the County intends to preserve the agricultural character and use of the land. The Board of Supervisors has adopted an Agricultural Enterprise Area (AEA) which identifies privately owned lands that meet zoning designation and general land use criteria for eligibility under the Williamson Act. |
|
2. Minimum requirements of land designated on the Important Farmland Series Map only applies to Farmland Security Zone Area Contracts. |
|
3. Zoning designations: “PAD” (Planned Agricultural District), “RM” (Resource Management), and “RM-CZ” (Resource Management-Coastal Zone). |
|
4. Parcel size taken from San Mateo County Assessor’s Office records. |
|
5. Class II land capability classification. |
|
6. No minimum income is required for commercial grazing operations. |
|
7. Areas dedicated to grazing must be fenced and adequate water must be available within the fenced area. |
The parcel is compliant with the minimum requirements that must be demonstrated by owners seeking a Williamson Act contract resulting from a viable commercial grazing operation in three of the five previous years. The entire property is currently under lease for livestock grazing and has been leased for livestock grazing since January 1, 2020; the current contract term is through December of 2025.
Agricultural Uses
Approximately 39.5 acres of the site can support grazing operations. Currently, there are 14 head of cattle rotated, including six cow-calf pairs. This number fluctuates. The parcel is not irrigated.
Compatible Uses
Existing development on the parcel consists of a one-family dwelling, detached garage, 294-square foot office, 80-square foot shed, five water tanks, well and septic system, as identified in the table below:
|
Existing Development |
|
Building |
Size |
|
Main Ranch House |
2,486 sq. ft. |
|
Detached Garage |
720 sq. ft. |
|
Office1 |
294 sq. ft. |
|
Shed |
80 sq. ft. |
|
(3) 2,500-gallon Water Tanks |
-- |
|
(2) 5,000-gallon Water Tanks |
-- |
|
Well |
-- |
|
Septic System |
-- |
|
Total |
3,580 |
|
1. With regard to detached accessory buildings within the Planned Agricultural District (PAD), the County maintains a policy wherein the PAD is classified as a residential area. Consequently, detached accessory building location criteria applicable to residential districts apply within the Planned Agricultural District. |
As required by Uniform Rule 2A Eligibility Requirements for Land Conservation Act Contracts, the percentage of a parcel’s total area used for compatible uses on contracted lands cannot exceed the percentage used for agricultural uses (e.g., crop production, grazing operation, and horse breeding) and the portion of the parcel used for compatible uses cannot exceed 25 % of the parcel size. Twenty-five percent of the 42.23-acre project parcel is approximately 10.56 acres. Approximately 39.5 acres is dedicated to agricultural use, and 2.73 acres to compatible use area. The maximum allowance of compatible uses for this parcel is not exceed.
In calculating the maximum allowance of compatible uses permitted on a parcel, the following are excluded: unpaved roads, farm labor housing, building/structures used to support the agricultural use (e.g., barns), and underground utilities. The access driveway is an unpaved road. Further, small structures of 500 sq. ft. or less, such as the office, are exempt from a determination of compatibility and are deemed a compatible use, provided that the proposed use does not significantly reduce the amount of land being used for agricultural purposes or interfere with existing agricultural activities. The office is behind the residence in the 2.73 acres designated on the site plan as the compatible uses area.
All development on the parcel is compliant with the criteria for compatible uses on contracted lands under the Williamson Act Program (Uniform Rule 2.A.5.b), including the provisions of Government Code Sections 51238-51238.1 and the underlying land use designation and zoning of the parcel. A Determination of Compatibility by the Agricultural Advisory Committee is not required per the provisions found in Uniform Rule 2.A.5.b.2. All existing compatible uses are compliant with the Williamson Act Program.
B. ENVIRONMENTAL REVIEW
The project is categorically exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15317, Class 17 “Open Space Contracts or Easements,” which exempts the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area.
C. REVIEWING AGENCIES
1. San Mateo County Agricultural Advisory Committee
The Agricultural Advisory Committee heard the item at its July 8, 2024, public hearing and recommended that the County enter into a California Land Conservation (Williamson Act) contract with the landowner.
2. San Mateo County Controller's Office
The Controller's Office comments are found under the “Fiscal Impact” section of this report as seen below.
3. Local Agency Formation Commission
The project was referred to the Local Agency Formation Commission (LAFCo) who provided comments on May 5, 2024. The property is located within a rural area of San Mateo County and zoned for agricultural use, which is proposed to be continued on the property. The property is not located within the service boundaries of a city or utility providing special district, nor is it within a sphere of influence of a city or utility providing special district.
The property is located within the boundaries of the Cabrillo Unified School District, San Mateo County Harbor District, San Mateo Flood Control and Sea Level Resiliency District, San Mateo Resource Conservation District, and the Midpeninsula Regional Open Space District. Local Agency Formation Commission staff recommended that the loss of property tax to all agencies in the tax rate area should be evaluated. This evaluation has been completed by the Controller's Office and can be found below under the “Fiscal Impact” section of this report. It is anticipated that the reduction in property tax to all agencies/districts in the tax rate area, due to the Williamson Act Contract, will be minimal.
FISCAL IMPACT:
The Controller's Office was sent a referral requesting the estimated tax loss to the County resulting from approval of the project, as set forth in the table below. Prior to the 2009-2010 State budget, the State annually appropriated funds to partially offset the property tax loss to local governments. Since that time, subvention funds have been eliminated from the budget. Although the State no longer provides subventions to local jurisdictions, the amount of tax loss resulting from this project is offset by the approximately 215 parcels exiting contracts and returning to standard tax assessment since 2007 as a result of both landowner and County initiated contract non-renewals (the majority of contract non-renewals were concluded by 2020).
|
Account Description |
Impact |
|
GENERAL COUNTY TAX |
$1,657.03 |
|
FREE LIBRARY |
$239.33 |
|
CABRILLO UNIFIED GEN PUR |
$3,745.40 |
|
SM JR COLLEGE GEN PUR |
$661.25 |
|
COASTSIDE FIRE PROTECTION DISTRICT |
$1,477.79 |
|
GRANADA COMMUNITY SERVICES DISTRICT |
$142.62 |
|
GRANADA LIGHTING |
$84.53 |
|
COASTSIDE COUNTY WATER DIST |
$79.75 |
|
MIDPENINSULA REG. OPEN SPACE |
- |
|
BAY AREA AIR QUALITY MANAGEMENT |
$20.38 |
|
COUNTY HARBOR DISTRICT |
$29.08 |
|
COUNTY EDUCATION TAX |
$344.12 |
|
Total Annual Revenue Loss |
$8,481.28 |
ATTACHMENTS:
A. Recommended Findings
B. Vicinity Map
C. Site Plan
D. USDA Soils Map
E. Statement of Agricultural Uses