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HomeMy WebLinkAbout05/06/2008, C8 - AUTHORIZATION OF ACCEPTANCE OF AN OPEN SPACE AND PUBLIC ACCESS EASEMENT ON APPROXIMATELY THREE ACRE council Matins Dale In O j ac Enba izcpoRt II.N�6 `C C I TY OF S AN L U IS O B I S P O FROM: Shelly Stanwyck, Assistant City Administrative Officer Prepared By: Neil Havlik, Natural Resources Manager SUBJECT: AUTHORIZATION OF ACCEPTANCE OF AN OPEN SPACE AND PUBLIC ACCESS EASEMENT ON APPROXIMATELY THREE ACRES OF THE ELKS LODGE PROPERTY ON ELKS LANE CAO RECOMMENDATION Approve a Resolution authorizing the Mayor to accept the donation of an open space and public access easement covering approximately three acres of the 11 acre Elks Lodge property at 222 Elks Lane. DISCUSSION Background The Elks Lodge property is a fairly large (11 acre) site which has been used as a club facility by the Elks organization for many years (Attachment 1 — Vicinity Map). The western part of the property includes San Luis Obispo Creek, which over the years has been the cause of considerable erosion and property damage to the Elks Lodge property. The City of San Luis Obispo has had a long-standing interest in acquiring an easement over that portion of the property to enable public funds to be used for bank stabilization and storm flow management efforts which are beyond the abilities of the Lodge to undertake. In more recent years, the City has also been desirous of utilizing a strip of land along the creek for the route of the Bob Jones Trail. The Lodge has always indicated a willingness to donate the necessary easement for these uses, but for a variety of reasons the project has never been finalized. However, another effort in this regard begun in 2007 has reached a point where the transaction can be completed, and for this reason the matter is before the Council for action. The area to be donated includes a reach of San Luis Obispo Creek and adjacent upland area that can serve as a portion of the route of the Bob Jones Trail. Since at least 1985 the City has had an interest in this reach of the creek due to ongoing storm damage to the Elks Lodge property. In more recent years this location has also been seen as the logical location for this portion of the Bob Jones Trail. �g � l Council Agenda Report—Open Space and public Access Easement Donation from Elks Lodge Page 2 The Easement The easement provides that: 1. City Control. The City will control the creek and immediately adjacent areas, for purposes of open space conservation, habitat management and protection, storm water management activities, and appropriate public recreation (i.e., Bob Jones Bike Trail); 2. Existing Billboards. The Lodge may retain two existing billboards (one commercial, one service-oriented) within the easement area. These may be changed as permitted under City regulations; 3. Infrastructure Costs. The City shall bear the cost of any relocation of infrastructure necessary to accomplish the purposes for which the property was acquired. This is important because there is existing infrastructure within the easement area, primarily water and electrical lines placed to serve motor homes which are currently permitted to park adjacent to the creek bank. The Lodge is expected to approve the grant of easement later this month. However, it must also be approved by the national office of the Elks Lodge in Chicago. That is expected to be pro- forma and will likely occur in June. Recording of the easement will occur following approval by the national office. No actual changes on the property are expected at the present time. City staff anticipates that it may be three or more years before any public improvements will be undertaken. CONCURRENCE On March 12, 2008, the City Planning Commission considered this matter for its General Plan consistency and determined the donation to be consistent with the City's General Plan. FISCAL IMPACT This transaction will have minor fiscal impact on the City. For the time being it should not entail any additional costs, but when the time to undertake necessary improvements is at hand, a Capital Improvement Project fund or funds will need to be established. This will also create a need for maintaining new plantings along the creek, and for maintenance of this portion of the Trail. These however are not expected to represent a major commitment of staff time or resources for the Ranger Service, the Natural Resources program, or the Parks Maintenance staff. ATTACHMENTS: 1. Vicinity Map 2. Easement Document 3. Minutes of San Luis Obispo City Planning Commission, Meeting of March 12, 2008 4. Resolution t 5 AWACHMENT 1 r II w ZZ San Luis Obispo Creek �. `• We11 and ti ,'Pressure Tank ' VVw�z. �.3^�.•, 55 'I ` I ,Y A4 , �Y�4Wwvti�h I Lodge building �I �f ,aux I -Easement Area 3e���� •: ~Ease 1. EJ El ELKS LODGE EASEMENT DONATION VICINITY MAP 1" = 225' approx. Cg�3 ATTACHMENT 2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401-3249 OPEN SPACE AND PUBLIC ACCESS EASEMENT AGREEMENT This Open Space and Public Access Easement Agreement, made and entered into this day of 2008, by and between SAN LUIS OBISPO LODGE #322, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE UNITED STATES OF AMERICA, a California corporation, hereinafter called "Owner", and the CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, hereinafter called "City", is made in regard to the following RECITALS WBEREAS, Owner possesses certain property (the "Subject Property") situated within the City of San Luis Obispo, as described in Exhibit "A", attached hereto and incorporated herein, identified as 222 Elks Lane, in the City of San Luis Obispo, California; and WHEREAS, the Subject Property has certain natural resources, scenic beauty and existing openness of importance to the community, including a portion of San Luis Obispo Creek, and Cg � L ATTACHMENT 2 WHEREAS, the Subject Property is also the identified route of a non-motorized trail, known as the Bob Jones Trail, whose development and proper use is a high priority of the citizens of the City, and WHEREAS, both Owner and City desire to preserve, conserve, and properly manage for the public benefit the biological diversity, scenic beauty and existing openness and other natural conditions on the Subject Property, and WHEREAS, both Owner and City recognize that the Subject Property requires expert maintenance in balancing environmental concerns with the need for management of stormflows occurring within San Luis Obispo Creek from time to time, and WHEREAS, the Owner has offered to dedicate this open space and public access easement to preserve the above described values by restricting Owner's use of and activities on the Subject Property and permitting City's proper use thereof through the imposition of a perpetual easement with the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the above recitals, in compliance with Chapter 6.6 of Part 1 of Division 1 of title 5 of the Government Code of the State of California commencing with Section 51070, and in further consideration of the mutual promises, covenants and the conditions herein contained and the substantial public benefits to be derived therefrom, the parties agree as follows: ATTICHMENT 2 1. Owner hereby grants to City an open space and public access easement (the "Easement") over the portion of the Subject Property (the "Easement Area") described in Exhibit `B" attached hereto and incorporated herein. Said grant of easement conveys to City an estate and interest in the Subject Property. The purpose of the easement is to protect said biological diversity, natural scenic beauty and existing openness and other natural conditions, and to permit the proper management and enjoyment thereof, by voluntarily restricting the use of the Easement Area as hereinafter set forth. Said Easement furthers conveys to City the right to undertake any and all reasonable actions to provide for the reasonable passage of stormflows, to protect and maintain the health of the natural environment found therein, and to provide for appropriate public access to the Easement Area for public use, education, and enjoyment. 2. The restrictions hereby imposed upon the use of the Easement Area by Owner and the acts which Owner shall refrain from doing upon the Easement Area are, and shall be, as follows: a. Any structure(s), sign(s), or billboard(s) that exist within the Easement Area at this time can be maintained and modified as permitted by City regulations. b. No new sign(s), billboard(s), or similar structure(s) may be located on or in the Easement Area, except as permitted by City regulations. C�- C� L) - ATTACMENT 2 c. Owner shall not plant or permit to be planted any vegetation within the Easement Area, except for erosion control, fire protection, or soil stabilization as allowed or approved by the City's Natural Resources Manager or his/her designee. d. Owner shall not remove or permit to be removed any vegetation within the Easement Area, except as reasonably necessary for fire protection, hazard abatement, stormflow management, or replacement or removal of dead vegetation, as allowed or approved by the City's Natural Resources Manager or his/her designee. e. No extraction of surface or subsurface natural resources, or collection of water, for transfer off of the subject property shall be allowed. f. Functioning of the Easement Area for wildlife habitat, other benefits to the natural environment, for stormwater management, and for proper public use and enjoyment (specifically a non-motorized pedestrian and bicycle trail) shall take precedence over all other uses, and public and private access to the Easement Area shall be controlled by City. Fencing and signage indicating the boundaries of the Easement Area and for public safety or habitat protection shall be installed by City and kept in good condition. Signage shall be as approved by the Natural Resources Manager or his/her designee. g. Any fencing installed on the boundary of the Easement Area shall be done in a manner mutually agreed upon by the Parties. 3. This Easement shall remain in effect in perpetuity. Cg • � ATTACHMENT 2 4. This grant may not be abandoned by the City except pursuant to all of the provisions of Section 51093 of the Government Code of the State of California. 5. This grant of easement, as specified in Section 51096 of the Government Code of the State of California, upon execution and acceptance in accordance with Chapter 6.6 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California commencing with Section 51070, shall be deemed an enforceable restriction within the meaning of Article XIII, Section 8 of the Constitution of the State of California. 6. Land uses permitted or reserved to the Owner by this grant shall be subject to the ordinances of the City regulating the use of land. 7. The City shall have the right of access to remove any drainage obstructions as needed to provide for the conveyance of creek flows, subject to the review and approval of other agencies with regulatory control over work done in the riparian corridor, specifically the State Department of Fish and Game and the U. S. Army Corps of Engineers. Owner shall be indemnified and held harmless by City for any such activity undertaken by City. 8. All expenses relating to the relocation of existing improvements to accommodate the Easement shall be the sole responsibility of the City of San Luis Obispo, including but not limited to existing improvements for recreational vehicle parking, driveway for lodge use and recreational vehicle parking, and the existing freshwater well system supplying the property. C�-g - - ' ATTACHMENT 2 9. The City of San Luis Obispo hereby agrees to indemnify and hold harmless the Elks Lodge for any and all liabilities arising out of the City's actions under this Easement, except for the negligence of the Lodge. City shall not be responsible for the Elks Lodge's actions within the Easement Area(such as maintenance of the billboard(s)) which will or may continue. 10. The terms and conditions contained herein shall be binding on the parties hereto and their heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first written above. ALL SIGNATURES MUST BE NOTORIZED OWNER/GRANTOR: SAN LUIS OBISPO LODGE#322, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE UNITED STATES OF AMERICA By CITY OF SAN LUIS OBISPO By David F. Romero, Mayor APPROVED AS TO FORM: i HAN P. LOW Uy Attorney Cq -9 ATTACHMENT 2 EXHIBIT A The property on which easement Exhibit B is located is in the City of San Luis Obispo,State of California,described as follows: Lots C and D of the Resubdivision of Lots 58, 61, 62, 63, 64,and 65, of the Ranchos Canada de los Osos and La Laguna,as surveyed by R. R. Harris in.January 1885 in the county of San Luis Obispo, State of California,according to the map filed for record in Book A page 161 of Maps,in the office of the county recorder of said county, lying easterly of the California State Highway as said highway existed on May 29, 1950. EXCEPT therefrom that portion of said Lot C as conveyed to Independent Order Odd Fellows, Chorro Lodge No. 168,by deed dated October 28, 1949 and recorded December 13, 1949 in Book 544,page 411 of Official Records. ALSO EXCEPT therefrom that portion of Lot C described in the deed to the State of California, recorded March 19, 1962, in Book 1174 page 264 of official Records. Iil1 1rAC 'CMi ENT 2 EXHIBIT B All that real property in the County of San Luis Obispo State of California being a part of that portion of Lots C and D of the Resubdivision of Lots 58, 61, 62, 63, 64, and 65 of the Subdivisions of the Ranchos Canada De Los Osos and La Laguna described in a deeded recorded in Volume 1039 of Official Records at page 556 in the office of the County Recorder of said County, said Lots C and D being shown on a survey recorded in Book 45 of Records of Survey at page 42 in the office of said County Recorder; said part of said portion of said Lots C and D described by said deed being more particularly described as follows: That part of said portion of Lots C and D described in said deed lying southerly and westerly of the following described line: Beginning at the most northerly corner of said Lot D as shown on said Record of Survey, said point being the True Point of Beginning; thence, along the following courses: South 6°15'25" West 97.90 feet; South 9°29'46" West 38.24 feet; South 0°56'48" West 39.27 feet; South 0°55'15" East 48.08 feet; South 11°06'27" West 40.57 feet; South 15°51'49" West 40.33 feet; South 23°03'33" West 38.85 feet; South 11°08'34" West 64.35 feet; South 2°06'48" East 13.25 feet; South 11°51'38" East 149.30 feet; South 14°25'26" East 294.05 feet; South 45°51'06" East 90.66 feet; South 67012'52" East 119.65 feet; South 63°51'23" East 28.36 feet to a point on the easterly line of said Lot D, said point being North 26°08'37" East 60.46 feet along said easterly line from the most southerly corner of said Lot D as shown on said Record of Survey. Said part of said portion of said Lots C and D being shown on Sheet 2 attached hereto and made a part hereof. QRflf ESSIO Terence K. Orton P.E. 21807 (Exp. 9-30-2009) No.218O7 `rrgT CIVIL- f OF C�! Sheet 1 Cq' LOT C ^0 , 1" = 100' z Q' Ln W LOT D •/ UNE TABLE LINE BEARING DISTANCE L1 NO615'25"E 97.90 m L2 N09'29'46"E 38.24 ^' L3 N00'56'48"E 39.27 L4 N00'55'15"W 48.08 I L51 N11406'27"E 40.57 L6 N15851'49"E 40.33 L7 N23'03'33"E 38.85 .' L8 Ntt'08'34"E 64.35 L9 NO2'06'48"W 13.25 L10 N11'51'38"W 149.30 L11 N14'25'26"W 294.05 L12n N45'51 06 W 90.66 i—' L13 N67'12'52"W 119.65 z .•� L14 N63'51'23"W 28.36 .ok\ 625.02 EVWESTLAND ENGINEERING, INC. 3480 SOUTH A. SUITE 130 SAN LUIS 0 SPO,CALIFORNIA 93401 (805) 541-2394 SHEET 2 U - ATTACHMENT 3 SAN LUIS OBISPO PLANNING COMMISSION MINUTES March 12, 2008 ROLL CALL: Present: Commissioners, Amanda Brodie, John Ashbaugh, Mike Multari, Diana Gould-Wells, Dan Carpenter, Vice-Chair Charles Stevenson, and Chairperson Carlyn Christianson Absent: None Staff: Associate Planner Phil Dunsmore, Doug Davidson, Deputy Director Kim Murry, Neil Havlik and Recording Secretary Michelle Lakey ACCEPTANCE OF AGENDA: Commissioners or staff may modify the order of items. MINUTES: Minutes of February 27, 2008. The minutes of February 27, 2008, were approved as submitted. PUBLIC COMMENT: There were no comments made from the public. PUBLIC HEARINGS: 1. 222 Elks Lane (Elks Lodge/Bob Jones). GPC 29-08: General Plan conformity report for a proposed donation of an open space and public access easement on approximately 3 acres of land from the Elks Lodge; City of San Luis Obispo, applicant. (Neil Havlik) Natural Resources Manager Neil Havlik presented the staff report recommending the Commission determine and report to the City Council that the proposed property acquisition is consistent with the City's General Plan. This property will help complete the bike trail. Mr. Havlik explained the current condition of the land. Mr. Havlik does not see this portion of the bike trail being completed until about 5-7 years. PUBLIC COMMENTS: There were no comments made from the public. COMMISSION COMMENTS: Commr. Stevenson moved to make a motion to the City to propose the property acquisition consistent with the City's General Plan. Commr. Ashbaugh seconded the motion. On motion by Commr. Stevenson to have the City propose the property acquisition consistent with the City's General Plan. Seconded by Commr. Ashbaugh. et _� 5 Planning Commission Minutes ATTACHMENT 3 March 12, 2008 Page 2 AYES: Commrs. Multari, Gould-Wells, Stevenson, Ashbaugh, Carpenter, Brodie, and Chairperson Christianson. NOES: None RECUSED: None ABSENT: None The motion carried on a 7:0 vote. 2. 1468 Foothill Blvd. U 192-07: Request to establish a group housing clity in the multi-family R-3 zone; Presbytery of Santa Barbara, applicant. (Phil smore) Associate Planner Phil Dunsmore presented the staff report r ommending the Commission approve the group housing use for the site based on dings and subject to conditions. Staff mentioned that the project would also be ject to Architectural Review and that the property is being considered for a re- ning to R-4. It was described how the project is classified as group housing bec se there would be more than five people per unit. PUBLIC COMMENTS: Patrick Hall, Director of Front Porch, applicant, ex ained the current status of Front Porch and their needs. The location will be for st nts from both Cal Poly and Cuesta College. Non-residential components would in ude a recreation room and a coffee house and perhaps a library. The parking uld be regulated as to keep it under control. The housing would be opened up to II of the college community. Mike Peachey, MW Architects, San Lui bispo, presented a conceptual rendering of the proposed project and mentioned he has worked with City staff to solicit their feedback and advice on the propose project. This project will be green as they try to achieve at least a LEED Bronze ting. Mr. Peachey requested that the Planning Commission grant a use permit, s jectto design review. Jim Stueck, San Luis Obispo, s e in support of the project.. There were no further com nts made from the public. COMMISSION COMM S: Commr, Multari, fel is is a great project for local students and is in an appropriate location but felt th this could turn into family housing and not just housing for students. He questioned ether the proposal is to approve a religious building, not just a group housing build' Commr. Multari suggested a motion to have the City allow higher residential sities consistent with land use policy 2.16. Commr tevenson would like some assurance that there would be some control if the zonin hanged to higher density housing. He felt that this project has many benefits to the mmunity. He expressed the need for an onsite manager on the property, 8 cially as density increases in the future. r ATTACHMENT 4 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACCEPTANCE OF AN OPEN SPACE AND PUBLIC ACCESS EASEMENT ON REAL PROPERTY WHEREAS, San Luis Obispo Lodge #322, Benevolent and Protective Order of Elks of the United States of America, ("Grantor") is the owner in fee simple of certain real property in the City of San Luis Obispo County, California, described as Assessor's Parcel Number 053-011-026 ("the "Property'`); and WHEREAS, portions of said Property possess high natural resource values, scenic open space values, public recreational values, and importance for stormwater management (collectively, the "Conservation Values") of great importance to Grantor, the people of the City of San Luis Obispo, and the people of the State of California; and WHEREAS, Grantor intends that the conservation values of said portions 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, protect, and manage the conservation values of said portions 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 Open Space and Public Access Easements; and WHEREAS, the City of San Luis Obispo agrees by accepting this gift to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation values of said portions 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 an Open Space and Public Access Easement from San Luis Obispo Lodge #3221 Benevolent and Protective Order of Elks of the United States of America, covering a portion of Assessor's Parcel Number 053-011- 026, subject to non-substantive changes approved by the City Attorney; and 2. Authorizes and directs the Mayor to accept said Open Space and Public Access Easement on behalf of the City of San Luis Obispo. u-r� ATTACHMENT 4 Approved and adopted this 6th day of May, 2008. 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: Jnatha . Lowell, City Attorney