File #: 2024-0043   
Type: Consent Calendar Item Status: Passed
File created: 12/21/2023 In control: Agricultural Preservation And Open Space District
On agenda: 2/6/2024 Final action: 2/6/2024
Title: Southeast Santa Rosa Greenway Matching Grant Project (0532)
Department or Agency Name(s): Agricultural Preservation And Open Space District
Attachments: 1. Summary Report, 2. General Plan Map.pdf, 3. Location Map.pdf, 4. Project Structure Map.pdf, 5. Resolution.pdf

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: Pierre Ratte 707-565-1537

Vote Requirement: Majority

Supervisorial District(s): First

 

Title:

Title

Southeast Santa Rosa Greenway Matching Grant Project (0532)

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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)                     Make certain determinations pursuant to the California Environmental Quality Act and direct the filing of a notice of exemption;

B)                     Authorize $1,000,000 in Matching Grant Program funding to contribute to the fee purchase of the Southeast Santa Rosa Greenway property by the City of Santa Rosa subject to a conservation easement and recreation covenant to be held by Ag + Open    Space;

C)                     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;

D)                     Approve and authorize the Board President to execute the conservation easement and recreation covenant in a form on file with the Clerk, along with 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)                     Approve and authorize the General Manager to execute a Matching Grant Agreement between Ag + Open Space and the City of Santa Rosa; and

G)                     Authorize the General Manager to take all other actions necessary to complete this transaction, in consultation with County Counsel.

(First District)

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Executive Summary:

The Southeast Santa Rosa Greenway is a Matching Grant Program (“MGP”) project, which will provide up to $1,000,000 toward acquisition of fee title to an approximately 47-acre property by the City of Santa Rosa (“City”), located between Farmers Lane and Spring Lake Regional Park in the City of Santa Rosa, Sonoma County, California (“Greenway”). As a condition of funding through the MGP, the City will grant Ag + Open Space a conservation easement and recreation covenant on a 37-acre portion of the Greenway (“Property”), which is approximately 78% of the Greenway to be acquired by the City.  The portion of the Greenway that will not be conserved by the Ag + Open Space is not currently suitable for the typical restrictions created by conservation easements or recreation covenants because the land is subject to encroachments from neighboring parcels.  

 

The conservation easement will protect the scenic, natural, recreational, and educational resource values of the Property, which is in a densely populated neighborhood stretching approximately 1.6 miles. The recreation conservation covenant will ensure the Property is open to the public in perpetuity as a park.

 

Discussion:

Property Characteristics/Project Significance

The Property is currently undeveloped land owned by the State of California Department of Transportation (“CalTrans”). The land is vacant due to a rescinded road route. The corridor extends about 1.6 miles providing open space, trail and park connection opportunities from Spring Lake Regional Park through densely populated urban neighborhoods to Farmers Lane. Acquisition of the Greenway has strong community support including investment from Sonoma Land Trust and the Santa Rosa Southeast Greenway Campaign over many years. Letters of support for this project have been received from Sonoma County Conservation Action; Santa Rosa City Schools; Sonoma County Regional Parks; Concerned Citizens of Santa Rosa; Marc Levine, California Assemblymember, Tenth District; California State Senate, Senator Mike McGuire, California Second Senate District, among others.

The Greenway is crossed by three creeks:  Matanzas Creek, Sierra Park Creek and Spring Creek. Conservation values identified include urban open space, natural resources, scenic resources, and recreation and educational opportunities. The Property is widely accessible as it is crossed by major thoroughfares, such as Hoen Avenue, Franquette Avenue, Yulupa Avenue, and Summerfield Road, which is a key benefit of this unique and centrally located open space in the City of Santa Rosa.

Project Structure

The Greenway will be purchased by the City of Santa Rosa with a $1,000,000 contribution from Ag + Open Space, which will receive a conservation easement and recreation covenant over the Property at closing. The conservation easement requires the Property’s constituent parcels be held under a single common ownership, preserves the Property’s scenic qualities, and protects the Property’s natural resources, while allowing recreational and educational uses consistent with protection and preservation of the Property’s conservation values. Because the City is acquiring the Greenway with known encroachments which are prohibited by the conservation easement, staff are recommending Ag + Open Space conserve that portion of the property that avoids these areas by establishing the boundary of the conservation easement within the Greenway’s boundary. The City will also convey to Ag + Open Space at closing a recreation conservation covenant together with an offer to dedicate, which secures the City’s obligation to keep the Property open to the public. The provisions of the recreation conservation covenant require the Property be open to the pubic within 10 years of acquisition, subject to compliance with the California Environmental Quality Act (CEQA), and for the Property to remain open to the public in perpetuity.

The Conservation Easement establishes a development limit not to exceed 25% of the Property acreage and allows the City flexibility to create recreational, educational, trail and park infrastructure, while restricting uses that conflict with conservation values.  The conservation easement allows for the creation of trails, picnic grounds, court and field sports, bicycling, skateboarding, gardening, creation or restoration of native habitat, after school camp programs and similar uses, subject to certain restrictions of the conservation easement.

Matching Grant Agreement

Funding for this acquisition will be administered through a Matching Grant Agreement between Ag + Open Space and the City of Santa Rosa. This agreement outlines the conditions for disbursement of funds including, execution of a conservation easement and recreation conservation covenant.

Conformance with Adopted Plans

 

Vital Lands Initiative

 

The Greenway is essential for offering residents and visitors of Sonoma County additional opportunities to connect with nature in publicly accessible parks and open spaces. Conserving this Property meets multiple objectives described in the Vital Lands Initiative (VLI):

Protect open lands that surround and differentiate the County’s urban areas and contribute to the unique scenic character of the County;

Protect natural lands and aquatic habitats that support sustainable aquatic ecosystems and water resources;

Protect scenic resources visible from public places and thoroughfares to provide visual relief from urbanization; and

Provide open space and publicly accessible lands in and near cities and connect people with protected lands.

 

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 scenic landscape units and scenic corridors, while offering outstanding opportunities for public recreation and access. Further, this project is consistent with the Expenditure Plan as it provides urban open space through the Matching Grant Program.

 

Ag + Open Space Fiscal Oversight Commission Approval

On December 7, 2023, The Fiscal Oversight Commission (FOC), in approving Resolution No. 2023-013, concluded that Ag + Open Space is not paying more or receiving less than the fair market value for acquisition of the Property by the City of Santa Rosa subject to the conservation easement and recreation covenant that will be received by Ag + Open Space.  

 

CEQA

The City of Santa Rosa is the Lead Agency under the California Environmental Quality Act (CEQA) for the SE Santa Rosa Greenway Project and previously prepared, circulated, and approved an Environmental Impact Report (EIR), and adopted findings and a Statement of Overriding Considerations on July 9, 2019. Environmental analysis of the project resulted in a determination that the Project will not have a significant effect on the environment with implementation of the Mitigation Monitoring and Reporting Program (MMRP) adopted by the City.  

 

Ag + Open Space must, as a responsible agency, make certain findings prior to approving funding for the Project.  No substantial changes are proposed to the Project and there are no substantial changes in circumstances or new information that would require revisions to the MMRP or EIR. Therefore, no further environmental review is required under CEQA.  The attached resolution finds that Ag + Open Space has, in its independent judgment, reviewed and considered the EIR prepared by the City of Santa Rosa, which is on file with the Clerk of the Board, and further finds, as to those potential impacts within Ag + Open Space’s powers and authorities as a responsible agency, that the EIR contains a complete, objective, and accurate reporting of the Project’s potential impacts and that mitigation measures have been adopted to substantially lessen the potentially significant effects of the Project.

 

Prior Board Actions:

N/A

 

Fiscal Summary

 Expenditures

FY 23-24 Adopted

FY 24-25 Projected

FY 25-26 Projected

Budgeted Expenses

$1,000,000

 

 

Additional Appropriation Requested

 

 

 

Total Expenditures

$1,000,000

 

 

Funding Sources

 

 

 

General Fund/WA GF

 

 

 

State/Federal

 

 

 

Fees/Other

$1,000,00

 

 

Use of Fund Balance

 

 

 

Contingencies

 

 

 

Total Sources

$1,000,000

 

 

 

Narrative Explanation of Fiscal Impacts:

Ag + Open Space has adequate appropriations in its FY 23-24 budget for the $1,000,000 funding for 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 Map 2020

2.                     Location Map

3.                     Project Structure Map

4.                     Resolution

 

Related Items “On File” with the Clerk of the Board:

1.                     Notice of Determination

2.                     Conservation Easement

3.                     Certificates of Acceptance

4.                     Recreation Conservation Covenant

5.                     Irrevocable Offer of Dedication

6.                     Matching Grant Agreement

7.                     City of Santa Rosa Certified EIR and Associated City Council Resolutions Dated July 9, 2019