To: Board of Directors of the Sonoma County Agricultural Preservation and Open Space District and Board of Supervisors for the Regional Parks Department
Department or Agency Name(s): Agricultural Preservation and Open Space District, Regional Parks
Staff Name and Phone Number: Jen Kuszmar, 565-7266, Steve Ehret 565-1107
Vote Requirement: Majority
Supervisorial District(s): First
Title:
Title
McCormick Ranch Fee Title and Conservation Easement Amendment
End
Recommended Action:
Recommended action
Adopt a resolution of the Board of Directors of the Sonoma County Agricultural Preservation and Open Space District (Ag + Open Space) to:
A) Authorize up to $3,500,000 and escrow costs from Ag + Open Space for the contribution of funding toward the purchase of a fee interest in the McCormick Ranch (Property);
B) Determine that the acquisition is consistent with the Sonoma County Agricultural Preservation and Open Space District’s Expenditure Plan and the 2020 Sonoma County General Plan;
C) Make certain findings and authorize an amendment of the McCormick Ranch Conservation Easement in accordance with Ag + Open Space’s Easement Amendment Policy;
D) Authorize the President of the Board of Directors to execute the amended conservation easement and a recreation covenant, and associated certificates of acceptance;
E) Consent to the recordation of an irrevocable offer of dedication in favor of Ag + Open Space pursuant to Public Resources Code §5565.5;
F) Make certain determinations pursuant to the California Environmental Quality Act and direct the filing of a notice of exemption;
G) Authorize the General Manager to take all other actions necessary to complete this transaction, in consultation with County Counsel.
Adopt a resolution of the Board of Supervisors to:
A) Accept fee title and execute certificate of acceptance of fee interest;
B) Execute an Amended Conservation Easement, Recreation Covenant, and Irrevocable Offer of Dedication benefiting the Agricultural Preservation and Open Space District;
C) Authorize the Director of Regional Parks, in consultation with County Counsel, to make technical, non-substantive changes in the Conservation Easement, Recreation Conservation Covenant, Offers of Dedication, Novation Agreement(s), and other closing documents and to execute any other documents necessary to complete this transaction; and
D) Authorize recordation of all instruments necessary to accomplish the transaction, and directing the Director of Regional Parks, in consultation with County Counsel, to take all other actions necessary or appropriate to accept fee title to the Property and to establish a permanent conservation easement and recreation covenant over the Property.
E) Adopt a resolution of the Board of Supervisors to approve grant from the State Coastal Conservancy for McCormick Ranch Acquisition.
(First District)
end
Executive Summary:
The McCormick Ranch is a 253-acre property (“Property”) located between Hood Mountain Regional Park and Open Space Preserve and Sugarloaf Ridge State Park. The Sonoma County Agricultural Preservation and Open Space District (the “Ag + Open Space”) proposes to contribute to the fee purchase of the Property, conditioned on it being transferred in the same closing to Sonoma County Regional Parks as an addition to Hood Mountain Regional Park and Open Space Preserve, subject to an amended conservation easement and recreation covenant to be held by the Ag + Open Space.
The amended conservation easement protects the scenic, natural, recreational, and educational resource values of the property, which is adjacent to existing protected lands at Hood Mountain Regional Park and Sugarloaf State Park. The recreation covenant will ensure the Property is open to the public in perpetuity as a park and open space preserve within 3 years of acquisition.
Discussion:
Property Characteristics/Project Significance
The Property is a portion of a 1996 Ag + Open Space conservation project totaling 1,364 acres in Sonoma County. A portion of the conserved Property (253 acres) has remained in private ownership while the remainder of the property (1,111 acres) was transferred to California State Parks. The private ownership includes an additional 401 acres in Napa County. This transaction forever extinguishes developing eight homesites allowed along the ridgeline. All 1,364 acres in Sonoma County are subject to the terms of the same Ag + Open Space-held conservation easement (“McCormick Ranch Easement”). Through this project, Ag + Open Space proposes to contribute to the purchase of the encumbered fee interest that remains in private ownership to transfer it to Sonoma County Regional Parks. Regional Parks is seeking authorization to take all necessary actions to complete the transfer of fee title to the McCormick Ranch Property from Sonoma Land Trust to Regional Parks.
The total appraised value for the Propertyis $4.9 million. The Sonoma Land Trust and the Land Trust of Napa County closed escrow on the acquisition of over 650 acres in both Sonoma and Napa Counties on October 31, 2023 in order to meet the seller and other funders’ timelines. Through this transaction, Ag + Open Space will provide Sonoma Land Trust up to $3.5 million of the $4,150,000 it spent to purchase the, conditioned on fee title to the Sonoma County holdings being transferred to Sonoma County Regional Parks, subject to the amended conservation easement and a recreation conservation covenant. Ag + Open Space requests Board authorization to contribute up to $3.5 million toward the acquisition of the Property.
Regional Parks contributed $250,000 to the acquisition cost which will be reimbursed from State Parks Habitat Conservation Fund. Sonoma Land Trust received other state grant funding from California Natural Resources Agency and State Coastal Conservancy to acquire the Property for park purposes. Regional Parks would assume conditions of grant agreements with the Property transfer. Grant agreement conditions include ongoing property management, providing for public access, and deed restrictions that serve to permanently dedicate the Property for acquisition purposes. A resolution accepting the State Coastal Conservancy grant is included for this Board’s consideration.
Securing this Property for public access and continued natural resource protection builds upon other significant investments across this sizeable and rugged area of the Mayacamas mountains. With its location adjacent to over 10,000 acres of open space and protected lands within easy reach of greater Santa Rosa and Sonoma Valley, the opportunity for 20+ miles of multi-use trails looping through a variety of habitats will include picturesque ridgetop views. In addition to public access and natural resource restoration, the Property provides critical linkages for wildlife and opportunities for fire defense and vegetation management through grazing and other methods.
Project Structure
The recreation covenant will ensure that the Property remains open to the public in perpetuity. The amended conservation easement will preserve the Property’s scenic qualities, protect Natural Resources, and will allow for recreational and educational uses.
Project structure for the amended and restated conservation easement limits nearly all improvements other than those required for natural resource management and public recreation. Allowed improvements are limited to trails and low-impact camping, which are subject to Ag + Open Space approval. Improvements are limited to no more than 1 acre total of the Property. Permitted uses include hiking, nature study, biking, and horseback riding, and other similar uses. Through the amendment the three building envelopes in the existing conservation easement will be limited to use for backcountry camping and associated infrastructure.
Proposed Amendment
As a condition of funding, Ag + Open Space will amend the portion of the McCormick Ranch Easement that covers this Property to (1) enhance natural resource protections; (2) extinguish most development rights; and (3) clarify permitted natural resource management, recreation, and educational uses. The easement amendment does not release any existing restrictions on use or development of the Property and therefore this is not considered an exchange under Public Resources Code 5540.5. The amended and restated conservation easement does not affect the 1,111-acres of land owned by California State Parks, which remains subject to all of the terms and conditions of the existing McCormick Ranch Easement. The proposed amendment will apply only to the 253-acre portion of the conserved property that is being transferred to Sonoma County Regional Parks under the proposed transaction.
The McCormick Ranch Easement was purchased to preserve the open space, natural, scenic, and agricultural values of the Property. As the easement exists today, the landowner maintains three development rights with allowances for three primary residences within designated building envelopes along with associated accessory structures, utilities, and roads. The McCormick Ranch Easement also permits unlimited agricultural use. Non-intrusive recreational use, including hiking, horseback riding, and nature study are also allowed.
The amended and restated conservation easement (Amended Conservation Easement) will be significantly more restrictive than the existing McCormick Ranch Easement as to the subject property by eliminating virtually all subdivision and residential development rights and associated improvement rights and restricting structures and improvements to only those associated with recreational use, such as trails and backcountry camping which will be limited no more than 6 primitive sites per building envelope in addition to camping already allowed in the non-contiguous 8.84 acre parcel. Further, all development within the Amended Conservation Easement will be limited to no more than 1-acre. The agricultural values will be protected by allowing for grazing on the Property, but cultivation will be restricted to enhance protections of sensitive wildlife species and to ensure connectivity of critical wildlife habitat.
Finally, the amended conservation easement will clarify and update older easement language, which will improve both parties’ ability to administer and comply with the easement. Because the amended easement has all of these qualities, as further documented in the Board’s resolution, the amendment of the McCormick Ranch Easement is consistent with the Ag + Open Space’s Conservation Easement Amendment Policy and California Civil Code section 815, et seq.
Conformance with Adopted Plans
Vital Lands Initiative
McCormick Ranch is identified in the Vital Lands Initiative as being essential for the conservation of biodiversity by accomplishing the Wildlands Goals as described in the Vital Lands Initiative:
• Protect the highest priority oak woodlands, shrublands, grassland and other non-woody vegetation.
• Protect rare, unique, or particularly diverse vegetation communities.
• Protect lands critical for supporting high native biodiversity.
• Protect critical wildlife movement corridors and intact habitat areas.
Conservation of the Property would complement and expand existing public access and recreation within the area and thus meets the following Vital Lands Initiative Healthy Communities Goals:
• Pursue partnerships for future acquisitions that expand, create, or connect new parks and open space preserves and trails.
• Partner with public agencies and non-profit organizations to ensure that all communities have open space to enjoy.
• Prioritize projects that increase passive or low-intensity recreational opportunities using easements and recreation covenants.
Sonoma County General Plan 2020
The project furthers several goals and policies in Sonoma County’s General Plan 2020, specifically in the Land Use, Open Space and Resource Conservation, and Water Resources Elements as noted below:
• Maintain important open space areas between and around the county’s cities in a largely open or natural character with low intensities of development. (Goal LU-5)
• Preservation of important scenic features. (Goal LU-10)
• Encourage conservation of undeveloped land, open space, and agricultural lands, protection of water and soil quality, restoration of ecosystems, and minimization or elimination of the disruption of existing natural ecosystems and flood plains. (Policy LU-11f)
• Identify and preserve roadside landscapes that have a high visual quality, as they contribute to the living environment of local residents and to the County’s tourism economy. (Goal OSRC-3)
• Preserve the unique rural and natural character of Sonoma County for residents, businesses, visitors and future generations. (Goal OSRC-6)
• Protect and enhance the County’s natural habitats and diverse plant and animal communities. (Goal OSRC-7)
• Identify and protect native vegetation and wildlife, particularly occurrences of special status species, wetlands, sensitive natural communities, woodlands, and areas of essential habitat connectivity. (Objective OSRC-7.1)
• Maintain connectivity between natural habitat areas. (Objective OSRC-7.5)
• Protect existing groundwater recharge areas. (Objective WR-2.3)
Ag + Open Space’s Expenditure Plan
The project is consistent with Ag + Open Space’s Expenditure Plan because it preserves biotic habitat areas, scenic landscape units, and scenic corridors, while offering opportunities for public recreation.
Fiscal Oversight Commission Approval
On November 2, 2023, The Fiscal Oversight Commission, in approving Resolution No. 2023-011, concluded that the acquisition of the Conservation Easement and Recreation Covenant as a condition of the District’s contribution towards the fee purchase of the Property in an amount as proposed by the General Manager does not result in the District paying more than the fair market value for the acquisition of such interests.
CEQA
The provision of funding towards the acquisition of fee title by Regional Parks, as well as the District’s acquisition of the Conservation Easement and Recreation Covenant, is exempt from the requirements of the California Environmental Quality Act (Public Resources Code Sections 21000 and following) pursuant to Public Resources Code Section 21080.28(a)(1)(A) & (C) and Cal. Code of Regs. Tit. 14, § 15325(a) & (b)), which exempts from CEQA the acquisition, sale, or other transfer of interest in land by a public agency for the preservation of natural conditions existing at the time of acquisition, including plant and animal habitat, even if physical changes to the environment or changes in the use of the land are a reasonably foreseeable consequence of the acquisition, sale, or other transfer of the interests in land, or of the granting or acceptance of funding, provided that environmental review otherwise required by the Public Resources Code occurs before any project approval that would authorize physical changes being made to the land. This project is also exempt from CEQA pursuant to Section 15317 of Title 14 of the California Code of Regulations, because the purpose of the acquisition is to maintain the open space character of the area. Regional Parks filed a notice of exemption for the McCormick Ranch Acquisition - Addition to Hood Mountain Regional Park and Open Space Preserve November 3, 2016 and a different NOE on November 17, 2023 for an 8.84 acre parcel (030-050-019) that was not a part of the original Purchase and Sale Agreement.
Prior Board Actions:
Sonoma County Board of Supervisors accepted the County of Sonoma Capital Project Plan 2023-2028, including subject Hood Mountain McCormick Ranch Addition (September 12, 2023).
Per resolution 16-0368 Board of Supervisors approved application for grant funds from Habitat Conservation Fund Program for McCormick Ranch acquisition (September 27, 2016)
Per Resolution 97-0540: Amended conservation easement agreement and assignment of development rights with Edna May Learned (May 5, 1997)
Per Resolution Number 96-1584: Contribute to the purchase price for acquisition of McCormick Ranch by the California Department of Parks and Recreation (approx. 1,011 acres located off Los Alamos Road in the Sonoma Valley)(December 12, 1996)
Per Resolution Number 95-1518: Agreement with Edna May Learned, Trustee of the Edna May Learned Trust and Sandra D. Learned AKA Sandra Learned Perry for the purchase of a conservation easement and assignment of development rights over approximately 1,364 acres located off Los Alamos Road in Sonoma Valley (November 19, 1995)
Fiscal Summary
|
Expenditures |
FY 23-24 Adopted |
FY 24-25 Projected |
FY 25-26 Projected |
|
Budgeted Expenses |
$3,500,000 |
|
|
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
$3,500,000 |
|
|
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
|
|
|
|
State/Federal |
|
|
|
|
Fees/Other |
$3,500,000 |
|
|
|
Use of Fund Balance |
|
|
|
|
Contingencies |
|
|
|
|
Total Sources |
$3,500,000 |
|
|
Narrative Explanation of Fiscal Impacts:
Ag + Open Space has adequate appropriations in its FY 23-24 budget for the $3,500,000 contribution to fee and conservation easement acquisition, which is funded by Sonoma County voter approved Measure F. Adequate appropriations exist in FY 23-24 budget for escrow and closing costs, which are not included in the fiscal summary table.
Narrative Explanation of Staffing Impacts (If Required):
n/a
Attachments:
1. General Plan 2020/Location Map
2. Site Map
3. Resolution of Agricultural Preservation and Open Space District Board of Directors
4. Resolution of County of Sonoma Board of Supervisors Approving Acquisition
5. Resolution of County of Sonoma Board of Supervisors Approving State Coastal Conservancy Grant
Related Items “On File” with the Clerk of the Board:
1. Certificates of Acceptance (Ag + Open Space)
2. Certificate of Acceptance (County)
3. Notice of Exemption (Ag + Open Space)
4. Amended Conservation Easement
5. Recreation Conservation Covenant
6. Irrevocable Offer of Dedication