HomeMy WebLinkAbout07/19/2011, C 9 - AUTHORIZATION OF ACCEPTANCE OF A CONSERVATION EASEMENT ON A 0.22 ACRE PORTION OF THE BOYSEN RANCH P ��J O
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[A: acenaa Report CR
C I TY OF SAN L U IS 0 B I S P O
FROM: Michael Codron, Assistant City Manager
Prepared By: Neil Havlik, Natural Resources Manager
SUBJECT: AUTHORIZATION OF ACCEPTANCE OF A CONSERVATION
EASEMENT ON A 0.22 ACRE PORTION OF THE BOYSEN RANCH
PROPERTY ON LOS OSOS VALLEY ROAD
RECOMMENDATION
Approve a resolution authorizing the Mayor to accept the offer of dedication of a conservation
easement covering approximately 0.22 acres 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), and
is a part of the Madonna family holdings in the area. The property has traditionally been used for
livestock grazing, but due to its low-lying nature, in recent years it has become valuable for
wetland mitigation purposes. In fact, extensive mitigation work has been conducted on the
property to mitigate for impacts to wetlands and waters of the United States by the Home Depot,
Costco, and other Irish Hills Plaza development projects on Los Osos Valley Road. The current
proposal adds a small area to the existing conserved acreage, required to mitigate for impacts to
wetlands caused by development of the Prefumo Commons project now underway.
In 2005 and 2006 the City accepted, and currently holds, three similar easements covering
approximately 25 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 10,000
square feet (0.22 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
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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. It is also appropriate for the City to hold such an easement on lands
that were required as mitigation under City regulations as well as those of other agencies.
CONCURRENCES
The Planning Commission discussed the proposed dedication at its regular meeting of June 22,
2011, 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. The Army Corps generally requires a
three to five year establishment period for wetland mitigation projects, during which the project
sponsor bears all costs. Upon acceptance of successful establishment by the Army Corps, the
project sponsor's obligations cease, and occasional monitoring and possible corrections of
problems becomes the responsibility of the City. These costs are covered by a restricted fund
established by the project sponsors which is available to meet costs of such actions. Since 2005,
the restricted funds covering the existing Boysen Ranch easements have reached over $378,000
with no expenses to date; staff is therefore confident that the monitoring and maintenance of
these easements will not result in a cost to the City.
ATTACHMENTS
1. Location Map
2. Letter Offer from the Pearce-Madonna Partnership
3. Resolution
4. Relevant Minutes from the June 22, 2011 Planning Commission meeting
Council Reading File
The Conservation Easement document itself is available in the Council Reading File.
G:\Staff\HAVLIK\Councilagenda\Boysen Ranch dedication1doc
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CITY OF SAN LUIS OBISPO
GREENBELT PROTECTION PROGRAM
Boysen Ranch Conservation Easement Donation
scale 1"=1,000'
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O ATTACHMENT 2
Pearce Madonna Partnership
June 10,2011
Honorable City Council
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA. 93401
RE: Offer of Conservation Easement at Bowen Ranch
Dear Mayor Marx and Councilmembers:
This letter is to confirm discussions with staff members at the City of San Luis Obispo by myself
and other representatives of Pearce Madonna Partnership, owners of the Boysen Ranch at Los
Osos Valley Road and Foothill Boulevard. Over the past several years,the City has accepted
legal interest in several conservation easements at the Boysen Ranch,totaling approximately 25
acres, in partial fulfillment of mitigation obligations associated with development project within
the City of San Luis Obispo.
Pearce Madonna Partnership wishes to extend to the City of San Luis Obispo the offer of another
small easement,totaling approximately one-quarter acre,to provide permanent mitigation of
wetland impacts to an area at the Prefumo Creek Commons project on Los Osos Valley Road
whose displacement could not be avoided. The easement will protect the scenic and wildlife
habitat values of that portion of the Boysen Ranch, in conjunction with those areas already so
protected,in perpetuity.
Thank you for your consideration.
Sincerely,
Clint Pearce
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J 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, the Pearce-Madonna Partnership ("Grantor") is the owner 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
Grantor, 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
for a portion of 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 on
behalf of the City of San Luis Obispo.
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O ATTACHMENT 3
Approved and adopted this 19th day of July, 2011.
On motion of , seconded by and on the
following roll call vote:
AYES:
NOES:
ABSENT:
Jan Howell Manx, Mayor
ATTEST:
Elaina Cano, City Clerk
APPROVED AS TO FORM:
J ristine Dietrick, City Attorney
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0 ATTACHMENT 4
DRAFT
SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
June 22, 2011
ROLL CALL:
Present: Commissioners Eric Meyer, Aidin Singewald, Charles Stevenson, and
Chairperson Michael Multari
Absent: Commissioners Draze and Vice-Chairperson Mary Whittlesey
Vacant: One commissioner position
Staff: Deputy Community Development Directors Doug Davidson and Kim
Murry, Assistant City Attorney Andrea Visveshwara, Associate Planner
Brian Leveille, Natural Resources Manager Neil Havlik, and Recording
Secretary Janet Miller
ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented.
MINUTES: Minutes of June 8, 2011 wer proved as amended.
PUBLIC COMMENTS ON NON-AGENDA I MS: There were no comments.
PUBLIC HEARINGS:
1. City-Wide. GPA 8-11: Revi of amendments to the Municipal Code Title 17:
Zoning Regulations; City San Luis Obispo — Community Development
Department, applicant. (Brian eveille)
Doug Davidson, Deputy Community lopment Director, presented the staff report.,
recommending to adopt a resolution reco nding the Planning Commission adopt the
proposed amendments to Title 17 (Zoning egulations) of the Municipal Code, as
submitted.
PUBLIC COMMENTS: There were no co ents.
COMMISSION COMMENTS:
Chairman Multari requested the la uage to be changed for arbors and trellis,
landscape elements and coverage, and pporting weight for landscape materials.
Commissioner Singewald supported arbors to 10 ft.
Commissioner Stevenson did not support th 8x8/64 ft coverage.
The Commission considered continuing t item to the next meeting.
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ATTACHMENT 4
Draft Planning Commission Minutes
June 22, 2011
Page 2
On motion by Commissioner Stevenson seco ed by Commissioner Meyer, the item
was continued to the next Planning Commissio eetin .
AYES: Commissioners Mey , Singewald, Stevenson, and Chairperson Multari
NOES: None
RECUSED: None
ABSENT: Commissioner Draze and Vice- airperson Mary Whittlesey
VACANT: One vacant position
The motion passed on a 4:0 vote.
2. Foothill Blvd. between Los Osos Valley Road and O'Connor Way (APN 067-
061-054 . GPC 59-11: General Plan Conformity of easement acquisition in area
west of Foothill Blvd. between O'Connor Way and Los Osos Valley Road; City of
San Luis Obispo, applicant. (Neil Havlik)
Neil Havlik, Natural Resources Manager, presented the staff report, recommending to
determine, and report to the Planning Commission, that the proposed property
acquisition conforms with the General Plan, based on findings and subject to conditions
which he outlined.
PUBLIC COMMENTS: There were no comments.
COMMISSION COMMENTS: There were no comments.
On motion by Commissioner Meyer, seconded by Commissioner Stevenson, supported
the item conformity for the proposed dedication with the General Plan.
AYES: Commissioners Meyer, Singewald, Stevenson, and Chairperson Multari
NOES: None
RECUSED: None
ABSENT: Commissioner Draze and Vice-Chairperson Mary Whittlesey
VACANT: One vacant position
The motion passed on a 4:0 vote.
...,mss
3. Open Space. GPI 47-11: Iris ills Conservation Plan; City of San Luis Obispo,
applicant. (Neil Havlik)
Neil Havlik, Natural Resources Ma ger, presented the staff report, recommending to
review the draft Conservation Pla pdate and Initial Study, and recommend to the City
Council that the Plan and Mitig d Negative Declaration be adopted as presented, or
as amended by the Commission
Freddy Otte, biologist, and Bija iley, Park Ranger, provided support, for the
presentation.
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Draft Planning Commission Minutes
O ATTACHMENT 4
June 22, 2011
Page 3
PUBLIC COMMENTS:
There were no comments.
COMMISSION COMMENTS:
On motion by Commissioner Mey seconded by Commissioner Stevenson
recommended to the City Council that A Plan and Mitigated Negative Declaration be
adopted as presented.
AYES: Commissioners Meyer, S' gewald, Stevenson, and Chairperson Multari
NOES: None
RECUSED: None
ABSENT: Commissioner Draz and Vice-Chairperson Mary Whittlesey
VACANT: One vacant position
The motion passed on a 4:0 vote.
COMMENT AND DISCUSSION:
4. Staff
a. Agenda Forecast
5. Commission
ADJOURMENT: The meeting was djourned at 7:15 p.m.
Respectfully submitted by,
Janet Miller
Recording Secretary
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