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HomeMy WebLinkAbout10-12-2016 Item 2 - GENP-3918-2016 (0 Prefumo Canyon)PLANNING COMMISSION AGENDA REPORT SUBJECT: General Plan Conformity Report – Waddell Ranch Open Space Acquisition PROJECT ADDRESS: BY: Robert Hill, Natural Resources Mgr. APN: 076-051-011 Phone Number: 805-781-7211 0 Prefumo Canyon Road, San Luis Obispo, CA E-mail: rhill@slocity.org FILE NUMBER: GENP 3918-2016 FROM: Xzandrea Fowler, Deputy Director RECOMMENDATION Approve a resolution finding that the acquisition in fee simple title of approximately 154 acres of unimproved real property known as the Waddell Ranch, located in unincorporated San Luis Obispo County, for open space conservation purposes and passive recreation by the general public, conforms with the City’s General Plan (Attachment 1). SITE DATA Applicant City of San Luis Obispo Representative Robert Hill, Natural Resources Manager Zoning Rural Lands (County) General Plan Open Space (City) Site Area Approx. 154 acres Application ER Status Complete Categorically Exempt, §15313 and §15317 SUMMARY The City’s Natural Resources Program is seeking a General Plan Conformity Determination from the Planning Commission for an open space acquisition in the southerly portion of the City’s Greenbelt. The fee simple acquisition of the 154-acre Waddell Ranch property located at the headwaters of Froom Creek has been identified as an acquisition priority since the inception of the City’s Greenbelt Protection Program in 1995 (Attachment 2). Recently, the City’s Natural Resources Program has partnered with the Trust for Public Land (TPL), a national non-profit conservation organization, to complete the acquisition. 1.0 CONSISTENCY WITH EXISTING POLICY AND PROJECT ANALYSIS The City’s General Plan has several areas where acquisition, use, and management of City-owned open space is addressed. The Conservation and Open Space Element (COSE) is where the most pertinent policy direction is found. The list below is not exhaustive but highlights a few key goals, programs, and policies in particular: Meeting Date: October 12, 2016 Item Number: 2 PC 2 - 1 COSE Goal 8.1: Secure and maintain a healthy and attractive Greenbelt around the urban area, comprised of diverse and connected natural habitats, and productive agricultural land that reflects the City’s watershed and topographic boundaries. The proposed project implements this goal by adding property to the Greenbelt and expanding the existing Irish Hills Natural Reserve. COSE Policy 8.5.1: Public access to open space resources, with interpretive information, should be provided when doing so is consistent with protection of the resources, and with the security and privacy of affected landowners and occupants… The proposed acquisition will implement this policy by protecting and conserving sensitive natural resources found within the site and by providing trail access thereto from the existing Irish Hills Natural Reserve (no trailhead will be constructed in an existing neighborhood and the closest occupied residence is approximately one mile away located on the adjacent Stanuseich Ranch). COSE Program 8.7.1(D) Protect Open Space Resources: The City will take the following actions to protect open space, and will encourage individuals, organizations, and other agencies to take the same actions within their areas of responsibility and jurisdiction: Acquire land and interests in land for open space, pursuant to City Open Space Guidelines and acquisition priorities. The proposed acquisition will implement this program by allowing the City to acquire fee ownership of the property (acquisition priorities are discussed below). The proposed acquisition will eliminate from development potential part of an old and controversial subdivision, and ensure permanent protection for the property. COSE Policy 9.1.1 (A): Preserve natural and agricultural landscapes. The City will implement the following policies and will encourage other agencies with jurisdiction to do likewise: A. Natural and agricultural landscapes that the City has not designated for urban use shall be maintained in their current patterns of use. Permanent protection is supported by the Land Use Element map designation as Open Space and inclusion in the Conservation and Open Space Element’s designated Greenbelt Boundary, and the City has not designated this property for urban use. The acquisition of this particular property is consistent with the following priority-setting policies: COSE Appendix B, Paragraph 3: Criteria for Acquisition: To be considered for acquisition a site must have value in one or more of the following categories: A) Valuable natural resources, such as habitat for listed species or species of local concern, groundwater, or surface water. B) Scenic qualities, cultural resources, or unusual geologic features. C) Natural hazards to public health or safety, such as flooding or landslide, which make reasonable development on the property unlikely. D) Important opportunities for low-impact recreation, such as connecting the Morros by a PC 2 - 2 hiking trail, linking San Luis Obispo to connecting trails in the unincorporated County, or for providing valuable environmental education opportunities. E) Proximity to land that is already permanently protected as open space, or the property is close to land that is likely to be protected in the foreseeable future, thus forming or potentially forming a large area of protected lands. F) Productive or potentially productive agricultural land, or an effective buffer that would protect agricultural operations. G) Individually or cumulatively forms an important part of the City’s Greenbelt. This proposed acquisition meets all of the above conditions except F, as the site is underlain by serpentine rocks and has therefore never been conducive to any form of intensive agriculture, although livestock and / or horses have historically grazed the property. COSE Appendix B, Paragraph 6: Criteria for Excluding Acquisition Candidates: A site that meets the criteria noted above should generally not be acquired by the City as open space if: A) The site is developed with facilities or structures, and thus would not be consistent with the open space definition. B) The site or resource can be obtained in a timely manner as a condition of City, State, or County development approvals or agreements. C) The site’s values are primarily scenic, but the property cannot be readily viewed by the general public. D) Adjacent properties are being developed in a way that is likely to significantly diminish the conservation values of the property in question. E) Management of the property will be very costly or the terms of an easement would be unusually difficult to enforce. F) The site cannot be acquired with reasonable effort in relation to its value or purpose. The proposed acquisition would not be excluded by the following policy, as none of the criteria apply to the property. 2.0 PROJECT INFORMATION Site Information/Setting Site Size 154 acres Present Use & Development Unimproved rural lands; Three legal lots of record Topography Level to Very Steep (slopes often greater than 50%) Access Prefumo Canyon Road or via Irish Hills Natural Reserve Surrounding Uses/Zoning Agriculture / Rural Lands (San Luis Obispo County) 3.0 PLANNING COMMISSION REVIEW California Government Code Section 65402(a) and (c) requires that the Planning Commission make a finding that an acquisition of real property for public purposes, such as contemplated herein, is consistent with the City’s General Plan (emphasis added in bold): If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real PC 2 - 3 property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. 4.0 ENVIRONMENTAL REVIEW Acquisition of the Waddell Ranch property is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) because it involves “acquisition of lands for fish and wildlife conservation purposes including (a) preservation of fish and wildlife habitat… and (c) preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition” (§15313), and because it involves the “acceptance of … fee interests in order to maintain the open space character of the area” (§15317). Once acquired, it is anticipated that Natural Resources Program staff will prepare an update of the existing Irish Hills Natural Reserve Conservation Plan to include the Waddell Property, along with a counterpart environmental review and determination, prior to any management activities or property improvements that would constitute a Project under CEQA definitions (§21065). 5.0 PUBLIC COMMENT Land conservation efforts in the Irish Hills area and for this property, in particular, have been identified as priorities is several prior planning and public outreach efforts. These include: 1.A Vision for Sustainability in San Luis Obispo: Recommendations of the Environmental Quality Task Force (1995) 2.Saving Special Places: A Study of Open Space Values in the San Luis Obispo Greenbelt (1995) 3.Saving Special Places II: Revisiting Open Space Priorities and the San Luis Obispo Greenbelt (2004) Recently, staff convened the Natural Resources Roundtable in 2016 as a stakeholder outreach process relative to future program and acquisition priorities for the Greenbelt, the proceedings of which support conservation efforts of this type. Lastly, letters of support were received from local non-profits and elected officials in support of a grant opportunity (Attachment 3). 6.0 OTHER DEPARTMENT COMMENTS City of San Luis Obispo Natural Resources Program, Parks and Recreation Department, and Fire Department staff all concur with acquisition of the property for open space conservation and passive recreation purposes. 7.0 ALTERNATIVES The Commission may wish to request that staff come back to the Commission for further review and deliberation at a later time, although this is not recommended given time sensitivities associated with grant funding and the overall timeline anticipated for the transaction. The PC 2 - 4 Commission could also find that the proposed acquisition is not in conformance with the General Plan. This is not suggested as it appears to be consistent with the Conservation Guidelines adopted in 2002, and with the Conservation and Open Space Element update in 2006, and will provide direction as to proper habitat protection, compatible recreational use, and management activities for the Reserve into the future. 8.0 ATTACHMENTS 1.Resolution 2.Location Map 3.Letters of Support – EEM Grant Application PC 2 - 5 RESOLUTION NO. PC-XXXX-16 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION DETERMING GENERAL PLAN CONFORMANCE FOR THE ACQUISITION OF APPROXIMATELY 154 ACRES KNOWN AS THE WADDELL RANCH PROPERTY IDENTIFIED AS ASSESSOR PARCEL NO. 076-051- 011, WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED OCTOBER 12, 2016 (WADDELL RANCH OPEN SPACE ACQUISITION, GENP-3918-2016) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on October 12, 2016, for the purpose of considering application GENP 3918-2016; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Commission makes the following findings: 1.The City of San Luis Obispo’s Natural Resources Program has reached agreements for an open space acquisition in the southerly portion of the City’s Greenbelt. The fee simple acquisition of the 154-acre Waddell Ranch property is located at the headwaters of Froom Creek and contains high natural resources values that warrant the City’s conservation efforts. 2.The City of San Luis Obispo, as a local agency that had adopted a General Plan, must have its Planning Commission make a General Plan conformity determination, as required in association with the purchase of the property under California Government Code Section 65402. 3.The Planning Commission considered the request and determined that the intended use and site acquisition for open space conservation and passive recreation purposes by the general public complies with goals, programs, and policies of the Conservation and Open Space Element (COSE) of the City of San Luis Obispo’s General Plan, specifically COSE 8.1, 8.5.1, 8.7.1(D), and 9.1.1(A). ATTACHMENT 1 PC 2 - 6 Section 2. Environmental Review. Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) because it involves “acquisition of lands for fish and wildlife conservation purposes including (a) preservation of fish and wildlife habitat… and (c) preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition” (§15313), and because it involves the “acceptance of … fee interests in order to maintain the open space character of the area” (§15317). Section 3. Action. The Planning Commission does hereby determine General Plan conformity with the Waddell Ranch Open Space Acquisition, GENP-3918-2016. On motion by , seconded by , and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this 12th day of October, 2016. _____________________________ Doug Davidson, Secretary Planning Commission ATTACHMENT 1 PC 2 - 7 ATTACHMENT 2: Location Map PC 2 - 8 ATTACHMENT 3: Letters of Support PC 2 - 9 PC 2 - 10 ATTACHMENT 3 PC 2 - 11 ATTACHMENT 3 PC 2 - 12 ATTACHMENT 3 PC 2 - 13 ATTACHMENT 3 PC 2 - 14 ATTACHMENT 3