Except that it doesn't.
In fact, a special exemption exists in the proposed zoning for the Burnham Strip, and county officials have taken notice. The resurrected possibility that the land's owner could build a house is acting as a fulcrum in county politics, tipping power between various agencies that all have their own schemes for the land.
 One of several "For Sale" signs sprouts from the growth along the Burnham Strip in El Granada. In the background is a sign advertising "Savethestrip.org," which is run by a group of homeowners hoping to preserve the open land. |
The San Mateo County Harbor District, which owns the property, bristled in October at the proposed zoning changes. Without the possibility of building a house, they reasoned, the land's value would plummet and they'd get stuck with the losses, forced to sell the property at a depressed price.
"We have talked in a very preliminary way not only with the sewer authority but also county parks," said Peter Grenell, Harbor District general manager. "We see an interesting multi-faceted community benefit from having the underground storm water overflow storage facility in there, on top of which would be park and open space."
"Now," Grenell added, "we want our fair market value for the property."
A review of the amendment as approved by the Board of Supervisors (and which is pending final approval by the California Coastal Commission) reveals what is generally known as a "grandfather clause." In this case, the clause allows the Harbor District, to submit an application to build a single-family residence on the site before the Coastal Commission approves the new zoning. Such an application could be filed anytime between now and when the commission finally accepts the LCP amendment. Ruby Pap, a coastal planner with the Coastal Commission, said that the amendment is still going back and forth between the commission and the county, but could be approved as early as December.
That leaves approximately four months for the Harbor District, which continues to weather a burdensome $19 million state debt, to either sell the property to an interested buyer who might take advantage of the grandfather clause, or take advantage of it itself in order to maintain the property's value. The district, which put the property on the market in November, is asking $1.3 million. The property's Realtor, Jan Gray, said she had had "several lookers, including residential buyers."
Gray also said that the district is looking into converting the property into what's called an "improved site" - meaning that it will soon test and conduct drilling for a certified domestic well, and obtaining permits for a septic system and other infrastructure. Such improvements could facilitate residential interest, because it would upgrade the property from its raw state.
County planning officials confirmed Tuesday that applying for a coastal development permit and paying the accordant fees would allow the application to be reviewed per the grandfather clause, though no application is guaranteed to be approved. Nonetheless, this step could effectively secure the benefits of the grandfather clause before the proposed zoning amendment becomes final. In other words, the Harbor District could retain its existing right to pursue plans for building a home on the Burnham Strip, even though the zoning would change.
Moreover, the possibility exists for the Harbor District to submit the application to build a house and transfer the application to an interested buyer even after the new zoning goes into effect. A county planning official who declined to make specific statements about the property in question confirmed that, as a general rule, land use entitlements tend to go with the land and not with a particular applicant.
Grenell said that the district has not applied for a coastal development permit, "but it's a serious consideration" in terms of protecting its investment.
Where one agency might see protection, other agencies see a potential source of frustration.
David Holland, director of the Department of Parks, said he knew of the clause but hoped it wouldn't be utilized. "The price is going to be what the price is going to be," Holland said. "This is one of their true assets." Holland said that if SAM and the Parks Department eventually reach an agreement about how to share the land's cost and decide to buy it from the Harbor District, the strip "wouldn't be a developed park," but would resemble "more natural parkland."
Grenell acknowledged that the Harbor District does not own any other undeveloped parcel of land that could fetch such a high return.
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