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HomeMy WebLinkAbout07/18/2006, C2 - AUTHORIZATION OF THE ACCEPTANCE OF A CONSERVATION EASEMENT ON A 0.06 ACRE PORTION OF THE BOYSEN RAN council j aGEnaa Report c , CITY OF SAN LUIS OBISPO FROM: Shelly Stanwyck, Assistant City Administrative OfficerPkr Prepared By: Neil Havlik,Natural Resources Manager . SUBJECT: AUTHORIZATION OF THE ACCEPTANCE OF A CONSERVATION EASEMENT ON A 0.06 ACRE PORTION OF THE BOYSEN RANCH PROPERTY ON LOS OSOS VALLEY ROAD CAO RECOMMENDATION Approve a resolution authorizing the Mayor to accept the offer of dedication of a conservation easement covering approximately 0.06 acre of the 116 acre Boysen Ranch property, subject to non-substantive changes approved by the City Attorney, or as may be required by the U.S. Army Corps of Engineers. DISCUSSION The property commonly known as the Boysen Ranch consists of approximately 116 acres bounded by Los Osos Valley Road, Foothill Boulevard, and O'Connor Way (Attachment 1). It is a part of the extensive Madonna family holdings in the area. The property has traditionally been used for livestock grazing, but due to its low-lying nature, it has in recent years become valuable for wetland mitigation purposes. In fact, extensive mitigation work has recently been conducted on the property to mitigate for impacts to wetlands and waters of the United States by the Home Depot project on Los Osos Valley Road. Additional work is currently underway there to mitigate for impacts of the Costco project to wetlands near Calle Joaquin. The current proposal adds a small area to the existing conserved acreage, which is needed to mitigate for impacts to wetlands occasioned by the development of the Irish Hills Plaza now underway. Last year the City accepted, and currently holds, two similar easements covering approximately 30 acres at the Boysen Ranch. The Madonna family has therefore requested that the City of San Luis Obispo accept a new conservation easement over the approximately 2,500 square feet (0.06 acre) of the property that will be used for the current mitigation (Attachment 2). The easement is similar to the earlier ones in that it would restrict the new acreage to a wetland condition in perpetuity. It would also restrict agricultural uses, application of pesticides, and other activities deemed inconsistent with such mitigation lands, and would prohibit public uses such as hiking. It is anticipated that the property will remain in private ownership, and that the balance of the property (not burdened by the easement) will remain in agricultural or other open space uses. The site is part of the City of San Luis Obispo's designated greenbelt: It has substantial scenic, wildlife, and watershed value. It is also part of a significant gateway into the City, and as such it � 1 C _ Council Agenda Report—Conservation Easement for the Boysen Ranch Page 2 is desirable that the City be in a position to exercise some control over the site even though it is not within the city limits. There will be certain monitoring and reporting requirements for the City imposed by the Army Corps. To cover the costs of this, however, the easement will require an endowment to cover the City's costs for such monitoring and reporting. The amount of this endowment has been calculated using a cost-analysis procedure called a Property Analysis Record (PAR), which is a copyrighted analysis developed some years ago by a non-profit organization known as the Center for Natural Lands Management. It was calculated at approximately $24,500, which is expected to generate about 5% or $1,250 annually to cover monitoring and reporting costs. In accepting the earlier easements, the City established an endowment fund for those easements and has received approximately $282,000 in endowment funds. The $24,500 would be added to those funds. The total of the endowment funds would then be $306,500, and this amount would be capable of generating $15,325 in interest income each year (at 5%) to cover monitoring and reporting costs of the three easements. CONCURRENCES The Planning Commission discussed the proposed dedication at its regular meeting of June 28, 2006, and determined that the acceptance of the easement was consistent with the City's General Plan. The relevant minutes of that meeting are included as Attachment 4. FISCAL IMPACT This transaction will have minor fiscal impact on the City. There will be a need for quarterly monitoring of the property for compliance purposes during the establishment period for the mitigations. This is expected to be three to five years, based upon our experience with similar situations, and will be covered by income from the endowment fund. After successful establishment, monitoring will be annual and is expected to be of minimal cost. It would also be covered by the endowment income. Any costs of enforcement actions regarding the easement would come from the Natural Resources Program monies and would be able to be recovered from the Grantor should that situation occur. Given the high potential for successful establishment of wetland vegetation in the area, however, this is considered quite unlikely. Attachments: 1. Location Map 2. Letter Offer from the Madonna Family 3. Resolution 4. Minutes of June 28, 2006 Planning Commission meeting Note: The Conservation Easement document itself is in the Council Reading File as it is very lengthy(44 pages with appendices; 21 without). G:\Staff\HAVLIK\Councilagenda\Boysen Ranch dedication1doc cz-z � o� � � �; �;' �'' Sao �pi�ENT t s /85 V / •�/ / 200 —16 \ S �� • `� � - %' •.\:.�;�/ � ii' �� -•vim \\ 0-- approximate -approximate boundary 1 • •;`� ' of existing easement area / ° •too 200 ` location of additional \ easement area 143 r ` ti / �/60--- • O o,• o / I // • �� •. �/38 76 CITY OF SAN LUIS OBISPO GREENBELT PROTECTION PROGRAM Boysen Ranch Conservation Easement Donation scale 1"=1,000' Coe- ATTACHMENT I MAD01M ENTERPRISES June 5, 2006 Dear Sirs: Madonna Enterprises wishes to offer a 0 . 060 acre conservation easement over the wetlands that will be created to meet our Army Corps of Engineers requirement for the Irish Hills Plaza 1 Project. The draft Easement is attached showing the area to be offered. The Army Corps of Engineers requires that a third party (Grantee) hold the conservation easement. As part of the easement requirements, we have prepared a Property Analysis Record (PAR) that indicates the need for an endowment to care for the conservation easement .in perpetuity of $24, 567 . Madonna Enterprises will contribute this amount to the City once the Conservation Easement is accepted by the City and the. Army Corps of Engineers and recorded. Thank. you for your prompt attention to this matter. This easement will add to .the other two easements currently being .held by the City at the Boysen Ranch. Sincerel , Clint Pearce Madonna Enterprises 284 Higuera Street San Luis Obispo CA 93401 Phone: 805-543-0300 Fax: 805-541-3067 4 ATTACHMENT 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACCEPTANCE OF A CONSERVATION EASEMENT ON REAL PROPERTY WHEREAS, Phyllis Madonna, Connie Pearce, and Clint Pearce ("Grantors") are the joint owners in fee simple 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 067-061-054 and commonly referred to as the Boysen Ranch (the "Property"); and WHEREAS, the Property possesses natural resource values including wildlife and plant resources, and scenic open space values (the "Conservation Values") of great importance to Grantors, the people of the City of San Luis Obispo, and the people of the State of California; and WHEREAS, due to the Property's topography it is particularly valuable as a site on which to conduct wetland mitigation and enhancement projects; and WHEREAS, Grantor intends that the conservation values of the Property be preserved and maintained by the continuation of currently existing land use patterns; and WHEREAS,.Grantor further intends, as owner of the Property, to convey to the City of San Luis Obispo the right to preserve and protect the conservation values of the property in perpetuity; 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 Conservation Easements; and WHEREAS, the City of San Luis Obispo agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes acceptance of the offer of donation of a Conservation Easement or Easements for Assessor's Parcel Number 067-061-054, subject to non-substantive changes approved by the City Attorney, and as may be required by the U.S. Army Corps of Engineers; and 2. Authorizes and directs the Mayor to accept said Conservation Easement (or Easements) on behalf of the City of San Luis Obispo. cz-s Approved and adopted this 18"' day of July, 2006. 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: Jon . Lowell, City Attorney i DRAFT ATTACHMENT 4 SAN LUIS OBISPO PLANNING COMMISSION MINUTES June 28, 2006 CALL TO ORDERIPLEDGE OF ALLEGIANCE ROLL CALL: Commissioners Charles Stevenson, John Ashbaugh, Peter Brown, Jason McCoy, Vice-Chair Carlyn Christianson and Chairperson Andrea Miller Absent: Commissioner Andrew Carter Staff: Deputy Director Doug Davidson, Associate Planners Tyler Corey and Jaime Hill, Natural Resources Manager Neil Havlik, Assistant City Attorney Christine Dietrick, and Recording Secretary Jill Francis ACCEPTANCE OF AGENDA: Commissioners or staff may modify the order of items.. The agenda was amended, to hear item 3 first. MINUTES: Minutes of June 14, 2006. The minutes of June 14, 2006 were approved as submitted. PUBLIC COMMENT: There were no comments made from the public. r3. PUBLIC HEARINGS:Comer of Los Osos Valley Road and Foothill Boulevard. GPC 92-06; General Plan Conformity Report for acceptance of a conservation easement; City of San Luis Obispo, applicant. (Neil Havlik) Natural Resources Manager Neil Havlik presented thestaff report recommending that the Commission determine and report to the City Council that the proposed property acquisition conforms with the General Plan. PUBLIC COMMENTS: There were no comments made from the public. COMMISSION COMMENTS: Commr. Ashbaugh questioned the size of the easement. cz - 7 Draft Planning Commission', ites - June 28, 2006 Page 2 On motion by Commr. Ashbaugh to determine and report to the City Council that the proposed property acquisition conforms with the General Plan. Seconded by Commr.. Stevenson. AYES: Commrs. Ashbaugh, Brown, Christianson, Miller, McCoy, Stevenson NOES: None ABSENT: Commr: Carter ABSTAIN: None V.T.hemotion carried on a 6:0 vote. 1. 499 N Chorro Street. TR and ER 207-05; Request for a 6 unit condominium project and public right-of-way property exchange, and environmental review; R-4 zone; Bella Vista, SLO, applicant. Associate Planner Tyler Corey presented the staff report recommending the Commission recommend to the City Council, approval of the Tentative Tract Map and Mitigated Negative Declaration of environmental impact. Truitt Vance, applicant, explained the existing drainage situation and outlined proposed project improvements that would alleviate the current problem. PUBLIC COMMENTS: Peggy Smith, San Luis Obispo, explained that she lives near the project and is concerned with existing drainage problems, noted that significant improvements are needed, and requested that she be informed when the project is beginning so that she can make preparations. There were no further comments made from the public. COMMISSION COMMENTS: Discussion was brief and focused on site drainage. Commr. Stevenson asked staff to review the design as it relates to the outdoor deck and noise ordinance. Commr. Ashbaugh asked about possible on-street parking restrictions at the corner of the site and whether or not there would be a Homeowner's Association. On motion by Commr: Christianson to recommend approval of a 6-unit airspace residential condominium project to the City Council, based on findings and subject to conditions and code requirements and to adopt the mitigated negative declaration of environmental impact Seconded by Commr. McCoy.