To: Board of Directors of the Sonoma County Agricultural Preservation and Open Space District
Department or Agency Name(s): Agricultural Preservation and Open Space District
Staff Name and Phone Number: Olivia Fiori, 565-7349
Vote Requirement: Majority
Supervisorial District(s): First
Title:
Title
Sonoma Mountain Vernal Pools Fee Title and Conservation Easement Acquisition
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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 contribution of up to $1,250,000 in funding toward Sonoma Land Trust’s purchase of the Sonoma Mountain Vernal Pools Property, as well as additional sums for escrow costs;
B) Determine that the acquisition is consistent with Ag + Open Space’s Expenditure Plan and the 2020 Sonoma County General Plan;
C) Authorize the President of the Board of Directors to execute a conservation easement and recreation covenant to preserve the Property’s conservation values and ensure public access;
D) Dedicate the conservation easement to open space purposes pursuant to Public Resources Code Section 5540;
E) Consent to the recordation of an irrevocable offer of dedication in favor of Ag + Open Space pursuant to Public Resources Code Section 5565.5;
F) Make certain determinations pursuant to the California Environmental Quality Act and direct the filing of a notice of exemption;
G) Authorize all other actions to complete this transaction.
(First District)
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Executive Summary:
Sonoma Mountain Vernal Pools is a 174-acre property, located at 8301 Bennett Valley Road in Glen Ellen, California (“Property” or “Sonoma Mountain Vernal Pools”). Sonoma County Agricultural Preservation and Open Space District (“Ag + Open Space”), in collaboration with the Sonoma Land Trust and other project funders, is proposing to contribute funds towards Sonoma Land Trust’s purchase of the fee interest in the Property. Sonoma Land Trust will convey a conservation easement and recreation conservation covenant to Ag + Open Space at closing. The conservation easement will protect the scenic and natural resource values of the property, which is adjacent to Annadel State Park. The recreation conservation covenant will ensure the Property is open to the public in perpetuity as a park and open space preserve following Sonoma Land Trust’s future transfer of the Property to a park entity.
Discussion:
Property Characteristics/Project Significance
Portions of the Property are visible from Bennett Valley Road and Annadel State Park is adjacent to the Property along the northern side. The Property is undeveloped and has been used for hosting a farm stand, grazing, open space, and recreation by its owners. The land is comprised of two assessor’s parcels and there are no Administrative Certificates of Compliance associated with the Property. Current site improvements include a dirt road, a utility line, a historic fieldstone fence, and fencing along the Property boundaries. There are rural residential properties throughout the wildland-urban interface in this area and on three side of the Property.
The Property is in the Upper Sonoma Creek watershed and contains 0.38 miles of Yulupa Creek along the northern border of the Property, 0.40 miles of Weber Creek through the middle of the Property, as well as other small, intermittent tributaries to Yulupa Creek and Weber Creek. The Property consists of rolling hills and mountains, with a wide variety of oaks and other hardwoods, chaparral forest, wetland areas, vernal pools, grasslands, rare plants, and some riparian vegetation along the creeks.
Project Structure
Sonoma Land Trust intends to purchase the Property and will transfer it to a recreational provider. Sonoma Land Trust has negotiated a purchase price of $3,471,000 for the Property. The California Natural Resources Agency EEM Program (CNRA), the Gordon and Betty More Foundation, and the State Coastal Conservancy (SCC) are also proposed funders. Ag + Open Space will contribute up to $1,250,000, CNRA will award $483,500, and the Gordon and Betty Moore Foundation will award $1,000,000 toward the purchase price. Sonoma Land Trust is still coordinating funding contributions with other partners but has commitments for the full purchase price.
At closing, Sonoma Land Trust will convey to Ag + Open Space a conservation easement that requires the Property to be held under a single common ownership, preserves the Property’s scenic qualities, and protects the Property’s natural resources. The conservation easement will also allow recreational and educational opportunities consistent with protection and preservation of the Property’s natural resources. Sonoma Land Trust will also convey to Ag + Open Space a recreation conservation covenant together with an offer to dedicate, which serves as security for the public access obligations established by the covenant. The provisions of the recreation conservation covenant require the Property to remain open to the public for recreational and education purposes in perpetuity. These requirements will take effect after the Property is transferred by Sonoma Land Trust to a public or nonprofit entity for operation of the Property as a park and open space preserve.
The conservation easement will include building envelopes and special protection areas as follows, in addition to other restrictions generally applicable to the Property to preserve its conservation values: (1) a 1-acre Building Envelope near the intersection of Bennett Valley Road and Enterprise Road to be used for a future park operator residence; (2) a second 1-acre Building Envelope for parking and staging for the future park and open space preserve; and (3) a 100-foot buffer area around the vernal pools and wetlands (3 in total).
Conformance with Adopted Plans
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.
Vital Lands Initiative
The Sonoma Mountain Vernal Pools Property 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 (Vital Lands):
• Protect the highest priority oak woodlands, shrublands, grassland and other non-woody vegetation.
• Protect rare, unique, or particularly diverse vegetation communities.
• Protect the highest priority habitats for rare, unique, or special-status terrestrial plants and animals.
• Protect lands critical for supporting high native biodiversity.
• Protect critical wildlife movement corridors and intact habitat areas.
Conserving of the Sonoma Mountain Vernal Pools Property will also complement and expand existing public access and recreation within the area and thus meets the following Vital Lands 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.
Finally, in terms of groundwater and riparian habitat, conservation of the Sonoma Mountain Vernal Pools Property is essential to the following Vital Lands Water Goals:
• Protect the highest priority riparian corridors and headwater streams.
• Protect the highest priority groundwater basins and recharge areas.
• Protect connect aquatic habitats and the lands that support this connectivity.
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)
Fiscal Oversight Commission Approval
Ben Slaughter and Doug Chapman prepared a full narrative appraisal with a date of valuation of June 13, 2022 that concludes that the appraised value of the fee interest in the Property is $3,830,000. The Sonoma County Open Space Fiscal Oversight Commission reviewed the appraisal at its November 10, 2022 meeting and determined by its Resolution No. 2022-005 that the proposed contribution towards the fee purchase of the Property does not result in Ag + Open Space paying more than the fair market value for the acquisition of the interests to be acquired by Ag + Open Space and Sonoma Land Trust.
CEQA
Pursuant to Public Resources Code Section 21080.28(a)(1)(A), (B) and (F) and Section 15325(a), (c) & (f) of Title 14 of the California Code of Regulations, the acquisition is exempt from CEQA because the purpose of the acquisition is to preserve the natural condition of the Property, including plant and animal habitats; the restoration of natural conditions including plant and animal habitats; and the preservation of open space or lands for park purposes. This acquisition 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. The attached resolution directs the filing of a notice of determination in accordance with CEQA.
Dedication
Consistent with Ag + Open Space practice, the Board is asked to dedicate the conservation easement to open space purposes pursuant to Public Resources Code Section 5540. By taking this action, the District is restricting its ability to convey or relinquish the protections embodied in the conservation easement.
Prior Board Actions:
N/A
Fiscal Summary
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Expenditures |
FY 22-23 Adopted |
FY 23-24 Projected |
FY 24-25 Projected |
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Budgeted Expenses |
$1,250,000 |
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Additional Appropriation Requested |
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Total Expenditures |
$1,250,000 |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
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Fees/Other |
$1,250,000 |
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Use of Fund Balance |
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Contingencies |
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Total Sources |
$1,250,000 |
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Narrative Explanation of Fiscal Impacts:
Ag + Open Space has adequate appropriations in its FY 22-23 budget for the $1,250,000 contribution to the fee acquisition, which is funded by Sonoma County voter approved Measure F.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
n/a
Attachments:
1. General Plan Map 2020
2. Location Map
3. Site Map
4. Resolution
Related Items “On File” with the Clerk of the Board:
1. Certificates of Acceptance
2. Notice of Exemption
3. Conservation Easement
4. Recreation Conservation Covenant
5. Irrevocable Offer of Dedication