SUBJECT
EL CAPITAN COUNTY PRESERVE - AUTHORIZATION FOR THE AMENDMENT OF AGRICULTURAL LAND CONSERVATION CONTRACT NUMBER 5152-4900, ACCEPTANCE OF REAL PROPERTY DONATION OF APPROXIMATELY 75 ACRES OF OPEN SPACE LAND, RELATED CEQA EXEMPTION, AND ADOPTION OF RESOLUTION (LAKESIDE’S RIVER PARK CONSERVANCY) (4/10/2024 - HOLD HEARING) (DISTRICT: 2)
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OVERVIEW
The Department of Parks and Recreation (DPR) enhances the quality of life in San Diego County by providing exceptional parks and recreation experiences and preserving natural resources. A core aspect of DPR’s conservation program is the acquisition of open space lands that support sensitive species and habitats. Lakeside’s River Park Conservancy, a 501(c)(3) nonprofit organization, has offered to donate to the County of San Diego (County) approximately 75 acres of vacant land, further identified as Assessor’s Parcel Number (APN) 390-071-01-00 (Property) located on El Monte Road in Lakeside. If accepted, the Property would connect existing DPR facilities El Capitan County Preserve, the Historic Flume Corridor, and El Monte County Park, enhancing regional trail opportunities and conserving native habitat. The Property is subject to an Agricultural Land Conservation Contract (also known as a Williamson Act Contract) (El Monte Agricultural Preserve #7) which, among other things, restricts dividing the property into parcels smaller than 160 acres. This contract requires an amendment to allow the County’s acceptance of this 75-acre Property.
This acquisition enhances conservation under the Multiple Species Conservation Program (MSCP) set by federal and State requirements for special status species conservation and supports multiple County sustainability goals, habitat and biodiversity, biological connectivity, greenhouse gas reductions, and benefits to water and air quality.
Through the County’s MSCP Program, the County has acquired over 46,200 acres of open space land for conservation within the three MSCP Subareas. The acreage of preserve lands within the three MSCP Plan Areas include approximately: 14,000 acres within the South County Plan Area, 25,000 acres within the draft North County Plan Area, and 7,200 acres within the proposed East County Plan Area. This acquisition would add 75 acres to the draft North County Plan Area and reduce greenhouse gas emissions by approximately 95 metric tons of carbon dioxide equivalent per year. Additionally, conservation of the property provides flood control benefits and protection of water quality.
The County entered into an Option Agreement with Lakeside’s River Park Conservancy for the land donation of approximately 75 acres, which appraised at $1,500,000 ($20,000/acre). The Option Agreement is typical for all acquisitions to confirm all details needed as part of the proposed transfer of property from Lakeside’s River Park Conservancy to the County. Lakeside’s River Park Conservancy has secured grant funding from the California Natural Resources Agency (CNRA) and Wildlife Conservation Board (WCB) to fund the purchase of the property. Once Lakeside’s River Park Conservancy acquires it from the current owner using grant funding, Lakeside’s River Park Conservancy will donate it to the County for ongoing ownership and management as conservation land. As a condition of the grant funding, CNRA will require a deed restriction and WCB will require a Board Resolution to ensure the County’s use and management of the Property will protect conservation values in perpetuity while allowing passive recreation such as trails.
Today’s request is for the Board of Supervisors (Board) to authorize the Director, Department of General Services (DGS), to amend the Agricultural Land Conservation Contract to allow the creation of a parcel of not less than 70 acres, provided the parcel is adjacent to and included within the El Capitan County Preserve, to adopt a resolution declaring the Property will be used for conservation purposes in perpetuity, and to approve the acceptance of the donation of the Property.
The total one-time County cost, including staff time and initial stewardship, is $453,000. Funds for this request are included in the Fiscal Year (FY) 2023-24 Operational Plan of the Multiple Species Conservation Program Acquisition Fund. The annual costs to manage the Property are $129,071, including ongoing stewardship, fire abatement, and supervision of the preserve. These ongoing costs will be included in the FY 2024-25 Operational Plan in the Department of Parks and Recreation (DPR).
RECOMMENDATION(S)
CHIEF ADMINISTRATIVE OFFICER
1. Find that the proposed acquisition of APN 390-071-01-00 is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301, 15311, 15313, 15316 and 15325 of the State CEQA Guidelines.
2. Authorize the Director, DGS, or designee, to execute an amendment to the County of San Diego Agricultural Land Conservation Contract 5152-4900 to allow for the creation of a parcel of not less than 70 acres provided the divided parcel is adjacent to and included within the El Capitan County Preserve.
3. Authorize the Director, DGS, or designee, to exercise the Option Agreement to accept the donation to acquire the real property interest identified as APN 390-071-01-00 (Property) and execute all related documents necessary to complete the acquisition process.
4. Authorize the Director, Department of Parks and Recreation, or designee as agent of the County of San Diego, to conduct negotiations and submit all documents, including but not limited to, grant contracts, grant agreements, including any extensions or amendments thereof that do not materially impact or alter the conditions of the donation.
5. Adopt a Resolution entitled A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING ENTERING INTO GRANT AGREEMENTS WITH THE CALIFORNIA WILDLIFE CONSERVATION BOARD AND THE CALIFORNIA NATURAL RESOURCES AGENCY AND AUTHORIZING THE ACQUISITION OF ASSESSOR’S PARCEL NUMBER 390-071-01 TOTALING APPROXIMATELY 75 ACRES IN SAN DIEGO COUNTY.
EQUITY IMPACT STATEMENT
The Department of Parks and Recreation conservation program’s acquisition of properties with high-quality habitat is anticipated to result in positive public health impacts by improving water and air quality for all residents. The acquisition of the Property is within the Lakeside community areas and will contribute acreage to multiple sustainability efforts, including expanding the adopted South County Multiple Species Conservation Plan preserve area by approximately 75 acres and reducing greenhouse gas emissions by approximately 95 metric tons of carbon dioxide equivalent per year. Acquisition of conservation land reduces emissions that would have occurred if the land were developed and prevents the loss of critical habitat.
SUSTAINABILITY IMPACT STATEMENT
The proposed acquisition supports multiple County of San Diego (County) Sustainability Goals. Acquisition of the approximately 75-acre property supports County Sustainability Goal No. 3 and the County’s Climate Action Plan by contributing to greenhouse gas reductions by approximately 95 metric tons of carbon dioxide equivalent per year through preservation of open space. The proposed acquisition site supports County Sustainability Goal No. 4 by expanding opportunities for community members to access outdoor recreation and nature and County Sustainability Goal No. 6 by expanding open space adjacent to native ecosystems and habitats.
FISCAL IMPACT
Funds for this request are included in the Fiscal Year (FY) 2023-24 Operational Plan of the Multiple Species Conservation Program (MSCP) Acquisition Fund. If approved, this will result in total one-time project costs for the Property of $453,000 in FY 2023-24, itemized as follows: $40,000 for staff time and appraisal reports to complete the transaction; $8,000 for closing and title costs; $405,000 in one-time land improvement costs (which includes $330,000 for the preparation of a preserve-specific Resource Management Plan and initial species monitoring, and $75,000 to conduct initial stewardship that features signage, access control, vegetation management, land surveying, other supplies and services, and ongoing management). The funding source is available prior year General Fund fund balance ($453,000).
Total annual ongoing costs for assessments, monitoring, and operations and management of the Property are estimated at $129,071, itemized as follows: approximately $10,000 for adaptive management and biological monitoring, $25,000 for annual total operating costs for managing the site, and $94,071 for the addition of one full-time equivalent position. Ongoing costs and funding sources will be included in the FY 2024-25 Operational Plan in the Department of Parks and Recreation (DPR). The funding source is existing DPR General Purpose Revenue.
BUSINESS IMPACT STATEMENT
N/A
Details
ADVISORY BOARD STATEMENT
N/A
BACKGROUND
DPR’s mission is to enhance the quality of life in San Diego County by providing exceptional parks and recreation experiences and preserving natural resources. The San Diego region has one of the most diverse habitats in the United States with more than 200 special-status species inhabiting the region. These species are listed or are candidates to be listed under the Federal Endangered Species Act, California Endangered Species Act, State Species of Special Concern, or are found on other watch lists. In support of DPR’s mission and to conserve these biologically valuable native habitats and wildlife for current and future generations to enjoy, DPR focuses on conservation through many different program elements. A key element in DPR’s conservation program is the acquisition, management, and monitoring of open space lands to protect and preserve sensitive resources and to provide additional opportunities for passive recreation that enhance the quality of life for San Diego residents and build healthier communities.
Lakeside’s River Park Conservancy, a 501(c)(3) nonprofit organization, has offered to donate an approximately 75-acre property (Property) located in Lakeside to the County of San Diego (County). As a condition of the grant funding, the California Natural Resources Agency will require a deed restriction and the Wildlife Conservation Board will require a Board Resolution to ensure the County’s use and management of the Property will protect conservation values in perpetuity while allowing passive recreation such as trails. The Property is subject to an Agricultural Land Conservation Contract (also known as a Williamson Act Contract) (El Monte Agricultural Preserve #7) which, among other things, restricts dividing the property into parcels smaller than 160 acres. This contract requires an amendment to allow the County’s acceptance of this 75-acre Property. If accepted, the Property would connect El Capitan County Preserve, the Historic Flume Corridor, and El Monte County Park, enhancing regional trail opportunity and conserving Diegan coastal sage scrub, southern mixed chaparral, and coast live oak riparian habitat.
This acquisition meets the DPR standard for conservation under the Multiple Species Conservation Program (MSCP) set by federal and State requirements for special status species conservation. DPR evaluates multiple factors when considering open space land for potential acquisition and inclusion into County Preserves, including biology, connectivity, accessibility, and value. The Property includes quality habitat that supports regional biodiversity and is within the adopted South County MSCP Plan Area. Connectivity is another factor DPR considers. The Property’s connectivity to the existing El Capitan County Preserve, the Historic Flume Corridor, and El Monte County Park makes long-term management and stewardship more efficient because the same operational team can perform those functions. The adjacency between the Property, the Historic Flume Corridor, and El Capitan County Preserve allows for conservation of the habitat and wildlife corridors. The proposed acquisition of the Property would extend the Historic Flume Corridor and contribute to realizing DPR’s vision to build out the San Diego River Trail system. DPR must be able to access all its lands to meet stewardship and monitoring requirements as well as provide potential access to the public for passive recreation and environmental education where appropriate. Lastly, DPR considers financial and economic value to ensure that public resources are wisely invested. The proposed donation of the approximately 75-acre Property with an appraised value of $1,500,000 will provide added value to the County’s facilities.
The MSCP South County Subarea Plan was adopted by the Board of Supervisors (Board) on October 22, 1997 (1) and covers much of the southern part of the county. On October 28, 2020 (6), the Board directed staff to develop a plan for the draft MSCP North County Plan Area, like the plan that is currently in place for the South County Subarea Plan. The draft MSCP North County Plan will cover the northwestern portion of the county. The draft MSCP North County Plan is anticipated to be completed by Fiscal Year (FY) 2025-26. The eastern portion of the county is covered by the proposed MSCP East County Plan. Each MSCP Plan has been or will be designed to meet the needs of the habitats and species located within its respective Plan Area’s unique geography. All three MSCP Plans comprise the County’s MSCP Program.
Through the County’s MSCP Program, the County has acquired over 46,200 acres of open space land for conservation within the three MSCP Subareas. The acreage of preserve lands within the three MSCP Plan Areas include approximately: 14,000 acres within the South County Plan Area, 25,000 acres within the draft North County Plan Area, and 7,200 acres within the proposed East County Plan Area. This donation would add 75 acres of open space to the South County Plan Area.
DPR’s analysis of potential open space acquisitions includes a sustainability perspective with a cross-departmental Acquisition Roundtable team consisting of staff from the Land Use & Environment Group, Department of General Services (DGS), the Department of Public Works (DPW), the Department of Environmental Health and Quality (DEHQ), Planning & Development Services (PDS), and Agriculture, Weights and Measures. This coordination will ensure alignment with the County’s sustainability efforts including habitat and species conservation, connectivity, public access, flood and stormwater control, fire risk reduction, groundwater conservation, water and air quality, and achievement of greenhouse gas emission reductions and other climate goals under the Climate Action Plan (CAP) update and Regional Decarbonization Framework. The Property was presented to the Acquisition Roundtable and received support from PDS, DEHQ, and DPW as the proposed acquisition of open space would have positive benefits to these programs. DGS is an Internal Service department and supports the real estate tasks associated with the Acquisition Roundtable. PDS confirmed that acquiring this property supports the 2018 CAP Measure T-1.1 goal of preserving 438 acres of open space land per year that could otherwise be developed and reducing greenhouse gas emissions as well as adding preserve acreage to the draft North County Plan Area. DEHQ reviewed the site and confirmed that it is environmentally sound. Additionally, conservation of the property provides flood control benefits and protection of water quality.
Today’s request is for the Board of Supervisors (Board) to authorize the Director, DGS, to amend the Agricultural Land Conservation Contract to allow the creation of a parcel of not less than 70 acres provided the parcel is adjacent to and included within the El Capitan County Preserve, to adopt a resolution declaring the Property will be used for conservation purposes, and to approve the acceptance of the donation Property. The total one-time County cost, including staff time and initial stewardship is $453,000. Funds for this request are included in the Fiscal Year (FY) 2023-24 Operational Plan of the Multiple Species Conservation Program Acquisition Fund. The annual costs to manage the Property are $129,071, including ongoing stewardship, fire abatement, and supervision of the preserve. These ongoing costs will be included in the FY 2024-25 Operational Plan in the Department of Parks and Recreation (DPR).
ENVIRONMENTAL STATEMENT
Acquisition of the Property and associated actions are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15311 (Accessory Structures), 15313 (Acquisition of Lands for Wildlife Conservation Purposes), 15316 (Transfer of Ownership of Land in Order to Create Parks) and 15325 (Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions and Historical Resources).
Section 15301 is applicable because initial stewardship activities may include repair of existing fencing and signage. Additionally, fuel management activities will be performed to ensure conformance with applicable fire code standards. Section 15311 is appropriate because new on-site signage may be needed. Sections 15313 and 15325 are applicable because the land is being acquired for preservation of natural resources. Section 15316 is applicable because the land is being acquired for park purposes, the land is in natural condition, and no management plan has been prepared.
The project is not subject to any of the exceptions to Categorical Exemptions listed in Section 15300.2 of the CEQA Guidelines. Any new uses of the Property will be subject to funding and environmental review.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today’s proposed action to acquire land for conservation purposes supports the Sustainability Initiative in the County of San Diego’s 2024-2029 Strategic Plan by protecting natural resources, diverse habitats, and sensitive species as well as providing recreational opportunities that enrich residents’ quality of life.
Respectfully submitted,
DAHVIA LYNCH
Interim Deputy Chief Administrative Officer
ATTACHMENT(S)
Attachment A - Location Map
Attachment B - Site Map
Attachment C - A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING ENTERING INTO GRANT AGREEMENTS WITH THE CALIFORNIA WILDLIFE CONSERVATION BOARD AND THE CALIFORNIA NATURAL RESOURCES AGENCY AND AUTHORIZING THE ACQUISITION OF ASSESSOR’S PARCEL NUMBER 390-071-01 TOTALING APPROXIMATELY 75 ACRES IN SAN DIEGO COUNTY