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cc17_194

STAFF REPORT

MEETING

DATE: October 24, 2017

TO: City Council

FROM: Christopher Blunk, Deputy Public Works Director/City Engineer

SUBJECT: PUBLIC HEARING AND ADOPTION OF A RESOLUTION

APPROVING AN AMENDMENT TO THE PACHECO MEADOWS

OPEN SPACE EASEMENT TO PERMIT PUBLIC ACCESS AND THE

CONSTRUCTION OF TRAILS BY THE COUNTY OF MARIN;

DIRECTING THE CITY MANAGER TO EXECUTE THE REVISED

EASEMENT AND TAKE ALL SUCH ACTION NECESSARY TO

EFFECTUATE THE RECORDATION THEREOF; AND FINDING THAT

THE APPROVAL THEREOF IS EXEMPT FROM THE

REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES

SECTION 15061(B)(3)

REQUEST

Hold a public hearing and adopt a resolution approving an amendment to the Pacheco Meadows

Open Space Easement to permit public access and the construction of trails by the County of

Marin; directing the City Manager to execute the revised easement and take all such action

necessary to effectuate the recordation thereof; and finding that the approval thereof is exempt

from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA

guidelines section 15061(b)(3).

DISCUSSION

In September 1979, the owners of a portion of the Pacheco Valle property dedicated a 6-acre open

space easement on a portion of said property to the City of Novato pursuant to the Open Space

Easement Act of 1974. A copy of the original open space easement is attached hereto as

Attachment 3 (“Original Open Space Easement”). The Original Open Space Easement provides

that public access to said open space land is prohibited. The Original Open Space Easement also

provides that “No disturbance of any kind is permitted on said open space including grading,

landscaping, digging, and removal of vegetation”.

In April 2014, the City approved the formation of a Community Facilities District (CFD) to finance

the acquisition of lands in the Pacheco Valle, including the property subject to the Original Open

Space Easement. Subsequent to the approval of the CFD and the financing for the acquisition of

the property, the property was transferred to the Marin County Open Space District. The attached

map identifies the 504-acre Pacheco Valle Open Space Preserves, new property acquired in 2014,

and the 6-acre City of Novato Original Open Space Easement.

922 Machin Avenue Novato, CA 94945

415/ 899-8900 FAX 415/ 899-8213

www.novato.org

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As owner of the Pacheco Valle Open Space, the Marin County Open Space District (District)

manages the property in accordance with the policies of the District. County staff have requested

that the City amend the Original Open Space Easement to permit public facilities such as trails,

signs, gates, stream crossings, retaining walls, or erosion control measures, vegetation

management activities necessary for fire fuel management and improvements necessary to reduce

the risk of damage caused by geologic hazards. The attached easement amendment addresses these

issues.

The approval of the Original Open Space Easement amendment does not approve any specific

project within the Pacheco Valle Open Space Preserves.

FISCAL IMPACT

There is no immediate financial impact or budget action necessary as a result of the recommended

action.

PUBLIC OUTREACH

City and County staff met with Pacheco Valle neighbors to discuss this item on October 17, 2017.

Public notices of this meeting were mailed to residents living within the Pacheco Valle Community

Facilities District Public, and a notification was published in the Marin Independent Journal ten

days prior to this meeting.

ENVIRONMENTAL ASSESSMENT

The proposed easement amendment is exempt from the requirements of the California

Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15061(B)(3) because

the amendments to the easement are consistent with the open space nature of the property in

question and do not permit the construction of new structures or facilities which could have an

impact on the environment. Any trail or other project consistent with the terms of the easement

and proposed to be conducted by the County would be subject to compliance with CEQA by the

County prior to the approval thereof. The site will remain open space. The approval of the

amendment does not approve any specific project. Therefore, it can be seen with certainty that

there is no possibility that the proposed amendments will have a significant effect on the

environment.

RECOMMENDATION

Hold the public hearing and adopt the resolution approving an amendment to the Pacheco

Meadows Open Space Easement to permit public access and the construction of trails by the

County of Marin; directing the City Manager to execute the revised easement and take all such

action necessary to effectuate the recordation thereof; and finding that the approval thereof is

exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to

CEQA guidelines section 15061(b)(3).

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ATTACHMENTS

1. Resolution

2. Proposed Amendment to Easement

3. Original Open Space Easement

4. Map of Pacheco Valle Open Space Preserves

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CITY COUNCIL OF THE CITY OF NOVATO

RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NOVATO APPROVING AN AMENDMENT TO THE PACHECO

MEADOWS OPEN SPACE EASEMENT TO PERMIT PUBLIC

ACCESS AND THE CONSTRUCTION OF TRAILS AND

RELATED IMPROVEMENTS BY THE COUNTY OF MARIN;

DIRECTING THE CITY MANAGER TO EXECUTE THE

REVISED EASEMENT AND TAKE ALL SUCH ACTION

NECESSARY TO EFFECTUATE THE RECORDATION

THEREOF; AND FINDING THAT THE APPROVAL THEREOF

IS EXEMPT FROM THE REQUIREMENTS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA),

PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)

WHEREAS, the City of Novato is the holder of an open space easement on a portion of

property in Pacheco Valle dedicated by the former owners thereof in September 1979 pursuant to

the Open Space Easement Act of 1974 (“Original Open Space Easement”). The Original Open

Space Easement provides that public access to the open space land described therein is prohibited.

The Original Open Space Easement also provides that “No disturbance of any kind is permitted

on said open space including grading, landscaping, digging, and removal of vegetation”; and

WHEREAS, in April 2014, the City approved the formation of a Community Facilities

District to finance the acquisition of lands in the Pacheco Valle, including the property subject to

the Open Space Easement. Subsequent to the approval of the CFD and the financing for the

acquisition of the property, the property was transferred to the Marin County Open Space District

(“District”); and

WHEREAS, as owner of the Pacheco Open Space, the District manages the property in

accordance with the policies of the District. The District has requested that the City amend the

Original Open Space Easement to make the easement consistent with the policies of the District

relating to public access, trails and related improvements; and

WHEREAS, an amendment to the Original Open Space Easement has been prepared to

provide that, public facilities such as trails, signs, gates, stream crossings, retaining walls, or

erosion control measures, venal Open Space Easement as requested by the District.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Novato

hereby finds and resolves as follows:

Section 1. Recitals

The foregoing recitals are true and correct and are incorporated into the findings herein.

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Section 2. Record

The Record of Proceedings ("Record") upon which the City bases its action herein includes, but is

not limited to: (1) the staff reports, City files and records and other documents prepared for and/or

submitted to the City relating to the amendment request; (2) the evidence, facts, findings and other

determinations set forth in this resolution, (3) the City of Novato 1996 General Plan and its related

EIR, the Novato Municipal Code, (4) all documentary and oral evidence received at or prior to the

City Council meeting on this matter; (7) all other matters of common knowledge to the City

including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports,

records and projections related to property and development within the City of Novato and its

surrounding areas.

Section 2. CEQA

The proposed easement amendment is exempt from the requirements of the California

Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15061(B)(3) because

the amendments to the easement are consistent with the open space nature of the property in

question and do not permit the construction of new structures or facilities which could have an

impact on the environment. Any trail or other project consistent with the terms of the easement

and proposed to be conducted by the County would be subject to compliance with CEQA by the

County prior to the approval thereof. The site will remain open space. The approval of the

amendment does not approve any specific project. Therefore, it can be seen with certainty that

there is no possibility that the proposed amendments will have a significant effect on the

environment.

The location and custodian of the records is the Novato Community Development Department,

922 Machin Avenue, Novato, California, 94945.

BE IT FURTHER RESOLVED THAT the City Council hereby approves an amendment

to the Pacheco Meadows Open Space Easement in the form attached hereto as Exhibit A and

incorporated herein by reference and authorizes and directs the City Manager to execute the revised

easement and take all such action necessary to effectuate the recordation thereof.

* * * * * *

I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City

Council of the City of Novato, Marin County, California, at a meeting hereof, held on the 24th day

of October, 2017, by the following vote, to wit:

AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers

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________________________________ City Clerk of the City of Novato ________________________________ City Attorney of the City of Novato

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Recording Requested by: Marin County Open Space District

WHEN RECORDED MAIL TO: Marin County Department of Public Works

Real Estate Division P. O. Box 4186 San Rafael, CA 94903-4186 Attention: Alexi Dicker

Recording fees exempt per Gov. Code §6103

APN: 160-480-33 (portion) SPACE ABOVE THIS LINE FOR RECORDER'S USE

This page is the cover page to the attached AMENDMENT TO CITY OF

NOVATO PRIVATE OPEN-SPACE EASEMENT dated ______________, 2017

for the purpose of showing recording information.

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AMENDMENT TO CITY OF NOVATO PRIVATE OPEN-SPACE EASEMENT

THIS AMENDMENT TO GRANT OF PRIVATE OPEN-SPACE EASEMENT dated _______________, 2017, is made by the CITY OF NOVATO (“City”).

WHEREAS, the Marin County Open Space District (“District”) acquired several

parcels, known as “Pacheco Meadows” in the City of Novato, California, being a part of an area known as Pacheco Valle (“Pacheco Meadows”) and more particularly described as Assessor Parcel Nos. 160-480-06, 33, and 34; and

WHEREAS, the District has dedicated by Resolution No. 2014-02 Pacheco

Meadows to remain open space in nature and preserved for public open space purposes, and said Resolution has been recorded as Document No. 2014-0026347, Marin County Records; and

WHEREAS, the City holds a private open-space easement (“Easement”) on a portion of Pacheco Meadows, further identified as a portion of Assessor Parcel No. 160-480-33, by that certain “Grant of Private Open-Space Easement” recorded in Book 3647 at Page 44, Marin County Records, attached hereto and by reference made a part herein; and

WHEREAS, the City’s easement is not consistent with the District’s intent of preserving Pacheco Meadows for public open space and public use purposes; and

WHEREAS, the City has determined there is a public benefit and desire to

amend said easement; and NOW THEREFORE, in consideration of the premises the City of Novato’s Grant of Private Open-Space Easement mentioned hereinabove is hereby amended as follows:

1. “(PUBLIC ACCESS PROHIBITED)” is hereby deleted from the title of the Grant of Private Open-Space Easement.

2. Permitted use is hereby amended to eliminate the section that states “Public access to said open-space land shall be prohibited.” 3. Permitted use is hereby amended to eliminate the section that states, “No disturbance of any kind is permitted on said open-space including grading, landscaping, digging and removal of vegetation.” That section is hereby replaced, by adding in place of said eliminated section: “No construction of any improvements of said open-space land shall occur or be permitted, except the following:

a) Public access facilities, including, but not limited to, trails, signs, gates, stream crossings (e.g. bridges, culverts, or in-stream crossings), retaining walls, or erosion control measures;

b) Vegetation management actions necessary for fire fuel reduction, habitat enhancement, hazard abatement, or weed control;

c) Actions necessary to reduce the risk or address damage caused by geologic hazards, such as landslides or erosion; and

d) Other actions necessary to protect public safety or natural resources.”

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The implementation of these measures would be consistent with the purposes of Title 5, Division 1, Part 1, Chapter 6.6 (Sections 51070, et seq.) of the California Government Code and would be compatible with maintaining the natural and scenic character of the land.”

4. All other terms and conditions of the previous easement not specifically

modified, amended or superseded herein shall remain in full force and effect.

IN WITNESS WHEREOF, the party to this Amendment has executed this Amendment on the date set forth below: CITY: Dated: __________________________ City Mayor

ATTEST: City Clerk

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Property Boundaries are general depictions and are not survey accurate

1 inch = 800 feet2014 Pacheco Valle AcquisitionOpen Space EasementOpen Space Preserves

Other Public LandsMarin County Parks

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