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HomeMy WebLinkAbout04/20/2010, C11 - APPROVAL OF USE OF JOHNSON RANCH OPEN SPACE FOR BIOLOGICAL MITIGATION ASSOCIATED WITH THE PREFUMO C council j acEnba aEpont 1�Numb��, C ITY O F SAN L U 15 OBISPO FROM: Shelly Stanwyck,Assistant City Manager Prepared By: Neil Havlik,Natural Resources Manager SUBJECT: APPROVAL OF USE OF JOHNSON RANCH OPEN SPACE FOR BIOLOGICAL MITIGATION ASSOCIATED WITH THE PREFUMO CREEK COMMONS PROJECT RECOMMENDATION As recommended by the Parks and Recreation Commission, authorize the use of Johnson Ranch Open Space for the mitigation of impacts to the Congdon tarplant resulting from the development of the Prefumo Creek Commons Project. DISCUSSION Background Existing City policy (see Section 2.58.5 of the Parks and Recreation Element and Master Plan adopted June 2001) states that upon recommendation of the Natural Resources Manager, and with concurrence of the Parks and Recreation Commission, the City Council may approve the use of City-owned lands for private mitigation purposes. Although no specific findings are required for this recommendation, City staff generally present information demonstrating that such use is in furtherance of important City goals, and would be of benefit to the environment of the affected City property. Use of Johnson Ranch for Mitigation Purposes For the past year, City staff have been working with the sponsors of the Prefumo Creek Commons project (commonly referred to by the anticipated major tenant, Target) on Los Osos Valley Road. The project proposes to dedicate approximately 12 acres of land in fee to the City of San Luis Obispo as part of the project. This land is expected to be used for continued agriculture, for enhancement of the riparian corridor of Prefumo Creek which crosses the site, and for a portion of the Prefumo Creek "feeder trail" which will ultimately connect to the Bob Jones Trail. This commercial project is seen as a high priority by the City and has been approved by the City Council. Recently a challenge arose when it was determined that a temporary soil stockpile on property at Los Osos Valley Road and Foothill Boulevard (owned by the project sponsors) was potential habitat for a rare plant species, the Congdon tarpant (Hemizonia parryi ssp. congdonii). Although not actually observed on the stockpile itself, the species does occur nearby and in theory could occur there, as the stockpile had been there for several years. Because this issue came up so late in the development process, it was not feasible to wait for its blooming season g/staff/havlik/councilagenda/johnson ranrh mitigation (20 - I Council Agenda Report-Approval of Use of Johnson Ranch for Mitigation Page 2 (summer) as that would eliminate the stockpile as a fill source which is needed for the commercial project. The project sponsors therefore proposed to "assume presence" of the species and to provide mitigation for it. This procedure is occasionally used when project timing needs make such delays for inventory needs infeasible. It has been determined by County staff that what is needed to accomplish the mitigation is approximately 0.075 acre of land in the proper soil type that could be graded to produce conditions conducive to the establishment and survival of the species in that location. The 12 acres to be dedicated to the City is not suitable for such mitigation because of the nature of the local soils; however, City staff have identified a suitable location at the Johnson Ranch. In accordance with City policy authorization by the Park and Recreation Commission and City Council is sought to allow this use. The Parks and Recreation Commission considered authorization of this mitigation site at its April 7,.2010 meeting, and unanimously approved the recommendation. Mitigation Work Undertaken The mitigation concept for Congdon tarplant is to create two or three shallow depressions at the identified site, and seed them with Congdon tarplant seed obtained from near the stockpile. This approach has been used several times at Laguna Lake Park with a high degree of success. Follow up maintenance needs have proven to be minimal. In addition, the project sponsors have offered to create Congdon tarplant habitat beyond that needed to mitigate for their potential impact as "payment" in lieu of cash for the right to utilize the site. The outcome of this effort would thus be several small vernal pools suitable for Congdon tarplant at the mitigation site. As noted earlier, City policy requires that the Parks and Recreation Commission and City Council approve the use of City-owned lands for mitigation affecting private property. Staff feels that the current proposal is appropriate because (1) it is in support of a desired commercial enterprise for the community, which the Prefinno Creek Commons project is expected to provide, (2) the mitigation will enhance the Johnson Ranch by establishing a population of this rare species in suitable habitat which does not occur there now, and (3) the prospect for success is very high based upon our past experience. FISCAL IMPACT None, except for small amounts of staff time during construction and subsequent monitoring. CONCURRENCES The proposal is supported by the staff of the Parks and Recreation Department. The Parks and Recreation Commission heard this matter at its regular meeting of April 7, 2010, and, as noted above, unanimously recommended that the Council approve this use of the Johnson Ranch. ALTERNATIVE While Council could deny permission to use the Johnson Ranch for this mitigation, this is not recommended. The Prefumo Creek Commons project is a high priority for the City Council and the community, and the raising of the Congdon tarplant's occurrence as an issue was quite C// -a i Council Agenda Report-Approval of Use of Johnson Ranch for Mitigation Page 3 unexpected given the temporary nature of the site where the species could theoretically become established. Staff feels that the "assume presence" approach is a reasonable way to mitigating the potential (not actual) impacts of the Prefumo Creek Commons project on Congdon tarplant, and it is appropriate for the City to assist in this effort. ATTACHMENTS 1. Map of Johnson Ranch showing the Mitigation Area 2. Letter Request from Irish Hills Plaza East, Inc. 3. Excerpts from Minutes of Parks and Recreation Commission meeting of April 7, 2010. READING FILE The mitigation plan itself is available in the Council Reading File cll-3 ATTACHMENT �..�,y DIP�� `p.tri d t •5ti_ y �f(� wl I LIZ ' Mitigation Site :- S. Y. `sit r•*.;� ri`�`�a I_ "fes CITY OF SAN LUIS OBISPO GREENBELT PROTECTION PROGRAM Johnson Ranch Open Space Scale 1"=1,000' ATTACHMENT L IRISH DILLS PLAZA EAST March 17,2010 Honorable City Council City of San Luis Obispo 990 Palm Street San Luis Obispo, CA. 93401 RE: Request for Use of City-owned Open Space for Biological Mitigation Dear Mayor Romero and Councilmembers- Irish Hills Plaza East,LLC,respectfWly requests permission to use a small portion of an existing City-owned openspace property for mitigation purposes. Specifically,we would like to use approximately 0.075 acre of suitable area identified in conjunction with City staff at the Johnson Ranch Open Space to create habitat for the rare plant species known as Congdon tarplant (Heiruzonia parryi ssp.congdonii). The reason for this request-is that recently our company was informed of the potential for occurrence of this species on a soil stockpile placed near the corner of Los Osos Valley Road and Foothill Boulevard a few years ago,which was intended to be used as fill material.for the Prefumo Creek Commons(Target)project. The stockpile site is in the. unincorporated area and County of San Luis Obispo planning staff indicated that this possibility may require a"full"season"botanical survey of the stockpile. A"full season" survey would last well into the summer and would effectively eliminate the stockpile as a source of the needed fill material due to timing constraints. In response our company has proposed to the County that we"assume presence"of the species and simply provide mitigation for it whether it is in fact present on the stockpile or not. To do so,it is necessary to identify a suitable mitigation site,and City of San Luis Obispo Natural Resources staff have identified such a site at the Johnson Ranch Open Space. Irish Hills Plaza is prepared to undertake this mitigation under the general direction of City Natural Resources stafE Furthermore,we are willing to create suitable habitat beyond that needed for our proposed mitigation in lieu_ of a cash payment for the use of the land. This approach has the support of City staff, as it will create additional habitat of a type that does not occur at the Johnson Ranch today,and which,based upon past experience;has a high likelihood of success. Thank you for your consideration. Sincerely, V T Clint Pearce 284 Higuera Street San Luis Obispo CA 93401 Phone:805-543-0300 Fax: 805541-3067 C' J ATTACHMENT 2 Parks and Recreation Commission Minutes -DRAFT April 7,2010 Page 3 of 8 6. Approval of the Use of Johnson Ranch Open Space for Mitigation of Impacts to a Rare Plant Species by the Prefumo Creek Commons Commercial Development-Havlik Natural Resources Manager Neil Havlik presented Commissioners with background information to his report on the proposed Prefumo Creek Commons commercial development project on Los Osos Valley Road. As part of the project, approximately 12 acres of land in fee will be dedicated to the City for use in continued agriculture and enhancement of the riparian corridor. Recently a soil stockpile on a piece of property at Los Osos Valley Road and Foothill that is to be used in the project was determined to be potential habitat for the rare plant species the Congdon tarplant, which occurs nearby. As the issue came up late in the development process, the rare plant's presence is presumed and not observed in the stockpile area because its blooming season is not. until summer. The stockpile is soon needed as a fill source for the Prefumo Creek Commons project, therefore waiting for proof of the plant's existence is not feasible. Thus project sponsors propose to "assume presence" of the species, and to provide mitigation in the form of "approximately 0.075 acres of land with the proper soil type that would then be graded to produce conditions conducive to the establishment and survival of the tarplant species in that location." The project site lacks the proper soil type for successful mitigation, however the Johnson Ranch was deemed an appropriate location. An area exists on Johnson Ranch that would suffice where two or three depressions could be created and seeded with seeds from near the stockpile, a successful approach used in the past at Laguna Lake Park. As a form of payment for the right to utilize the site, the project sponsors have offered to create a habitat beyond what is needed to mitigate their potential impact. Under existing City policy, City Council may approve the use of City-owned lands for private mitigation purposes (upon recommendation of the Natural Resources Manager and PRC concurrence). This use is in furtherance of important City goals and would be of benefit to the environment of the affected City property Commissioners discussed habitat creation briefly with no further questions. MOTION.- (Hatch/Kincaid) Recommend City Council approve the use of a designated area within the Johnson Ranch Open Space for mitigation of impacts to the rare Congdon tarplant species occasioned by the Prefumo Creek Commons commercial development. Approved: 5 yes: 0 no: 2 absent(Regier/Hensinger) 7. Off-Leash Dog Hours for Laguna Hills Park-Kiser Director Kiser gave a PowerPoint presentation on the use of the 3.5 acre Laguna Hills Park for a pilot program for off-leash dog hours. On September 23, 2009, the City received a letter from neighbors within the Laguna Hills area requesting that the City consider establishing off-leash dog hours at Laguna Hills Park The advocates also attended the October 7 meeting of the Parks 1-3