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Home My WebLink About10/04/2005, BUS 1 - AUTHORIZATION OF ACCEPTANCE OF A ONE-HALF UNDIVIDED FEE INTEREST IN A PORTION OF THE BOWDEN RANCH N council aGenaa izEpoin C I T Y O F SAN LU IS OB IS PO FROM: Wendy George, Assistant City Administrative Officers Prepared By: Neil Havlik, Natural Resources Manager SUBJECT: AUTHORIZATION OF ACCEPTANCE OF A ONE-HALF UNDIVIDED FEE INTEREST IN A PORTION OF THE BOWDEN RANCH NEAR WOODLAND DRIVE CAO RECOMMENDATION As recommended by the Planning Commission, authorize the Mayor to accept the gift grant deed of an undivided one-half fee interest in the 180 acre portion of the Bowden Ranch which lies adjacent to but outside of the boundaries of the City of San Luis Obispo, subject to non- substantive changes approved by the City Attorney. DISCUSSION The Bowden Ranch property occupies approximately 220 acres, of which 40 acres are within the City limits of the City of San Luis Obispo, and the remainder is in the unincorporated area. It lies between the City limits and certain City-owned lands in Reservoir Canyon, connecting them by informal hiking trails. The Bowden Ranch has long been of interest to City residents, and has been used for walking and hiking for many years.. In September 2000, the property owners brought forward a development proposal for the 40 acres within the City limits, which was the subject: of an environmental impact report and lengthy development review process. That process was completed in-August 2003, when the City Council approved the tentative map for the project. As approved by the City Council, the project included a requirement for the dedication of 27 of the 40 acres of the property within the city limits to the City of San Luis Obispo as permanent open space. With the completion of infrastructure improvements, that dedication is set to take place within the next few weeks., During the time that the project within the city limits was being considered, the owners donated a conservation easement on the 180 acre portion of the property outside of the City limits, and the City currently is the holder of that easement. Following the approval of the tentative map, the owners sold the property to new owners for actual construction of the project. In so doing the old owners retained a one-half undivided interest in the 180 acre portion of the property. The new owners,represented by local developer Hamish Marshall, approached the City regarding the donation of their undivided one-half interest in the 180 acres. That proposal was reviewed by the City Council in closed session and approved in concept; and was also found by the Planning Commission to be consistent with the City's General Plan (Attachment 2). Mr. Marshall has g/havlik/eouncilagenda/Bowden donation Council Agenda Report–Donation of Undivided One-Half Fee Interest in the Bowden Ranch Page 2 indicated that the owners are now prepared to also complete the donation, which was first offered approximately one year ago. As part of the transaction, the City would agree to hold the conservation easement intact and transfer it to a qualified party within a reasonable timeframe. Also, since there are co-owners, there would not be any restriction on use of the water from the existing well on the property by those co-owners. As a practical matter neither of these conditions will result in any significant impact upon the City or the natural resources of the site. The existence of a divided ownership is also not likely to have any practical effect, since the uses of the property are already restricted by the existing conservation easement, which will remain in full force and effect. We expect that the co-owners—Frederick Glick, Karl Wittstrom; and Peter Cagliero—will eventually donate their ownership interests as well. Mr. Glick has already indicated his intention to do so. For that reason, the resolution has been structured to allow the City to accept these transfers at a future date. FISCAL IMPACT This transaction will have very minor impacts on the City in that the property, being outside of the City limits, will be subject to property taxes: however, the existence of the conservation easement severely restricts the use of the property and as a result property taxes on the property are only in the range of $100 per year, of which one-half would be the City's responsibility. There would be other minor costs of patrol and maintenance of the site; however, City rangers occasionally patrol the area already as the existing and well-used trail on the site connects to City=owned lands beyond Attaclimentsi 1. Letter Offer 2. Minutes of December 1, 2004,Planning Commission meeting .3. Resolution 4. Location Map ATTACHMENT 1 Bowden Ranch Partners, LP November 10,2004 Neil Havlick, P,bj). Natural Resource Manager City Of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 RE: Open Space Dedication Dear Neil, This letter is to inform you and the City of San Luis Obispo that we, Bowden Ranch Partners, LP, are happy to donate our 50%undivided interest in the open space, attached to our 23 Lot Subdivision;Tract.2420, to the City of San Luis Obispo. This is subject to us getting an appraisal of the property and being able to use the donation as a Tax Deduction on the income earned from the sales. We expect to have this process complete within the next 4 months. If you have any questions please don't hesitate to call The at 544-7343. Yours;Sinceere , Hamish Marshall Owner/Manager CC: File copy 805 Aerovista Place, Suite 202; San Luis Obispo, Ca 93401 (805) 547-5502 I �3 ATTACHM i 2 SAN LUIS OBISPO PLANNING COMMISSION MINUTES December 1, 2004 CALL TO ORDER/PLEDGE OF ALLEGIANCE: The San Luis Obispo Planning Commission was called to order at 7:00 p.m. on Wednesday, December 1, 2004, in the Council Chamber of City Hall, 990 Palm Street,. San Luis Obispo. ROLL CALL: Present: Commrs. drea Miller, Orval Osborne, Michael Boswell, Alice Loh, Carlyn Christi son, and Jim Aiken Absent: Chairperson Jam Caruso Staff: Deputy Community _ velopment Director Michael Draze, Senior Planner Jeff Hook, Natural Re urces Manager Neil H6vlik, Recording Secretary Irene Pierce ACCEPTANCE.OF THE AGENDA The agenda was accepted as presented. APPROVAL OF THE MINUTES: The Minutes of October 27, 2004, were accepted amended, and November 3, 20041 were accepted as presented. PUBLIC COMMENTS ON NON-AGENDA.ITEMS Pam Heatherington, SLO, commented that she was una re that the meeting at the public library was canceled and questioned whether prope otice of cancellation was given. There were no further comments made from the public:. PUBLIC HEARING ITEMS: 1. 1636 Woodland Drive. GPC 171-04: General Plan Conformity Report for undivided 'h interest in 180-acre parcel for property located outside city limits; Fi-1-S zone; City of San Luis Obispo, applicant. (Neil Havlik) Natural Resource Manager Neil Havlik presented the staff report requesting that the Planning Commission determine and report to the City Council that the proposed property acquisition conforms with the General Plan. He presented a map on the overhead to show the location of the proposed property. Planning Commission MinuteL. December i, 2004 ATTACHMENT 2 Page 2 PUBLIC COMMENTS: Jodi Bennett, SLO, expressed support for this request and suggested it move along as quickly as possible. There were no further comments made from the public. COMMISSION-COMMENTS: Commr. Loh moved to determine and report to the City Council that the proposed Property acquisition conforms with the General Plan. Seconded by Commr. Miller. AYES: Commrs. Loh, Miller, Osborne, Aiken, Christianson, and Vice-Chait Boswell NOES: None ABSENT: Commr. Caruso ABSTAIN: None The motion carried on a 6:0 vote. min I- 2. 485 Buckle Road. GPC 198-04: Acquisition of an agricultural conservation easement owe 159-acre portion of the Brughelli Ranch; City of San Luis Obispo, applicant. (Neil lik) Natural Resource Mana r Neil Havlik presented the staff report requesting that the Planning Commission de ine and report to the City Council that the proposed acquisition conforms to the neral Plan. PUBLIC COMMENTS: Pam Heatherington, SLO, SOW- d these types of projects and encouraged the Commission to add these properties t he Green Belt. There were no further comments made f the public. COMMISSION-COMMENTS: Commr. Aiken moved the staff.recommendati to determine. and..re ort to. the. City Council that the proposed conservation easemen c uisition conforms to the General Plan. Seconded by Commr. Loh. . AYES: Commrs. Aiken, Loh, Miller, Osborne; Chri nson, and Vice-Chair Boswell NOES: None ABSENT: Commr. Caruso ABSTAIN: None The motion carried on a 6:0 vote. I�� ATTACHMENT 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACCEPTANCE OF A GIFT OF REAL PROPERTY INTEREST WHEREAS, Bowden Ranch Partners, LP, ("Grantor") is the owner of a one-half undivided fee interest in of certain real property in San Luis Obispo County, California, outside of but adjacent to the City of San Luis Obispo, described as Assessor's Parcel Number 073-371-002 and referred to as the Bowden Ranch (the "Property'); and WHEREAS, the Property" possesses natural resource values including wildlife and plant resources, and scenic open space value of great importance to Grantor, the people of the City of San Luis Obispo, and the people of the State of California; and WHEREAS, on December 20, 2001 the City of San Luis Obispo accepted the donation of a Conservation Easement burdening said property; and WHEREAS, Grantor now wishes to convey to the City of San Luis Obispo its fee interest in the real property burdened by said conservation easement; and WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the State of California that is authorized by law to accept gifts, including gifts_ of real property; and. WHEREAS, the City of San Luis Obispo agrees by accepting this gift to honor the intentions of Grantor stated herein and to presence and protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come, and to continue to honor the intentions of the Conservation Easement burdening said property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Accepts the offer of donation of a one-half undivided fee interest in the property commonly known as the Bowden Ranch and identified as Assessor's Parcel Number 073-371-002; and 2. Authorizes and directs the Mayor to accept the gift grant deed to said property on behalf of the City of San Luis Obispo; and 3. Authorizes and directs the Mayor to accept gift grant deeds for remaining portions of the undivided interest in said property from the owners of such interest, when such are offered; and 4. Directs that the City Administrative Officer transfer the Conservation Easement to another qualified party in timely fashion for the express purpose of ensuring that the purposes and intentions of said Conservation Easement shall remain in effect in perpetuity, and. shall be binding upon the City of San Luis Obispo as owner of said land property. i ATTACHMENT 3 .Approved and adopted this 4t' day of October, 2005. On motion of ___ , seconded by and on the following roll call vote: AYES: NOES: ABSENT: David F. Romero, Mayor ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jo P. Lowell, City Attorney — 7 ATTACHMENT 4 -,\1.. .30„ �- ��,•l :. � ,t'1 ;ir, r: ;? - •`,a'_ ., .�• } I r J 'till .1`•,`; •` 1vJ_ Z .t` '�'i: �' ,• '� _ �f � •,'�`Y ♦�rr,_ .._ �.��•t•. 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