SONOMA COUNTY
AGRICULTURAL
PRESERVATION
& OPEN SPACE

DISTRICT

David Wm. Hansen,
General Manager

 

ACQUISITION
PLAN

Adopted
December 15, 1992

Revised November 15, 1994

Sonoma County Agricultural Preservation
and Open Space District


ACQUISITION PLAN

INTRODUCTION

This Acquisition Plan provides guidance to Sonoma County's Agricultural Preservation and Open Space District (the District) to carry out a voter approved ordinance for agricultural land preservation and open space acquisition. It establishes certain planning and implementation policies and identifies several categories of lands to be considered by the District when acquiring interests in lands and conducting related activities.

Background on the District

The formation of the Sonoma County Agricultural Preservation and Open Space District is the result of the public's concern over the urbanization and the displacement of agriculture in Sonoma County. Agriculture is of significant economic importance to the county and contributes to its rural character. Sonoma County is recognized for its natural landscape and rich plant and animal communities.

The primary purpose for creating the District was to further the state policy on the preservation of open space expressed in California Government Code 65562 and to implement the Open Space and Agricultural Resources Elements of the 1989 Sonoma County General Plan. Program 4 in the Open Space Element calls for consideration of a ballot measure to establish a District to acquire and administer open space lands, including an appropriate funding source.

In February 1990, the Sonoma County Board of Supervisors sponsored AB 3630, the enabling legislation for the Sonoma County Agricultural Preservation and Open Space District. In August 1990, the Board created the Open Space Authority to finance the acquisition of interests in agricultural and open space lands through a 1/4 percent sales tax. The Open Space Authority requested that the Board call a special election on a measure approving the imposition of the sales tax.

In November 1990, Sonoma County voters approved Measures A and C. The purpose of Measure A was to establish the District while Measure C called for the sales tax to fund agricultural preservation and open space acquisition over a 20-year period.

Structure

The District's Acquisition Program involves coordination among the Board of Directors, the Open Space Authority, the Advisory Committee and staff. The organizational structure of the District is illustrated on Exhibit A and described below.

The boundaries of the District are the same as those of Sonoma County. The 5-member Sonoma County Board of Supervisors serves as the District Board of Directors and is the final decisionmaking body for the District.

The Open Space Authority is responsible for collecting the sales tax revenues and has entered into an agreement with the District for the use of those funds. In accordance with the agreement, the Open Space Authority shall review and approve the District's budget and may conduct periodic audits of the District's management practices or financial affairs. The agreement further stipulates that the District adopt an Acquisition Program. The Authority is also required to determine general plan and Expenditure Plan consistency for proposed acquisitions.

The 17-member Citizens' Advisory Committee, appointed by the District Board of Directors, is comprised of representatives from various interest groups and the cities. Responsibilities of the committee include advising the District Board and staff on policy matters and making recommendations for proposed land and easement acquisitions. Four subcommittees concentrate on specific topics: Policies and Procedures, Acquisition, Public Outreach and Stewardship.

Interim Acquisition Plan

The agreement between the District and the Open Space Authority stipulates that an Acquisition Plan be prepared prior to acquisition of rights in land or easements by the District. The Acquisition Program was developed in two phases: 1) the Interim Acquisition Plan and 2) this Acquisition Plan.

The Interim Acquisition Plan, approved by the Board of Directors in October 1991, enabled the District to respond to special property offers which occurred prior to adoption of this Acquisition Plan. For purposes of the Interim Plan, a special project was defined as:

"The offer of rights in land to the District from an owner of record which is identified as representing a significant opportunity to preserve agricultural lands, open space or natural habitats consistent with the District's goals, where the price is favorable to the District and by the passage of time, it is reasonable to assume that such opportunity may be lost, and therefore it is deemed appropriate that the staff conduct negotiations for acquisition and submit the purchase for approval by the Board of Directors prior to the adoption of the District's Final Acquisition Plan."

The Interim Acquisition Plan process included an evaluation checklist to identify specific characteristics of the property and opportunities for open space and/or agricultural preservation. The following material pertains to the District Acquisition Plan which incorporates elements of, yet supercedes, the Interim Acquisition Plan.

Definitions

For purposes of the Acquisition Plan, the following definitions are in effect:

Agriculture The production of food, fiber and plant materials.
Open Space An area of land or water which is essentially unimproved and used for the preservation of natural resources, the managed production of resources, for outdoor recreation and for public health and safety.
Conservation Easement A legal covenant that imposes restrictions over the uses of and the type and amount of development on a particular property. The precise restrictions applied to the property and included in the conservation easement are mutually agreed upon by the landowner and the District. This is sometimes referred to as "purchase of development rights."
Fee Title A recorded legal covenant showing ownership of and title to the full bundle of rights in any real property.
Opportunity Purchase A purchase of highest priority requiring immediate action which may not have been considered under the normal funding allocation set forth in the annual Action Plan and where the factors for purchase are highly desirable.

CONFORMITY WITH EXISTING PLANS AND REGULATIONS

Expenditure Plan

The purpose of the Expenditure Plan, approved by the Open Space Authority and incorporated into Measure C, is to "implement the 1989 Sonoma County General Plan by preserving agricultural land use and open space." The Expenditure Plan is generally based on the County's Open Space and Agricultural Resources Elements and provides for other open space projects within the cities. The District's acquisitions will primarily involve purchase of conservation easements from willing sellers; however, lands may be acquired in fee for public recreation where compatible with open space designations described in the Expenditure Plan. The Open Space Authority must ensure that the District's Acquisition Plan is consistent with the adopted Expenditure Plan and with applicable general plans. The Open Space Authority also must determine that District acquisitions would reduce public highway and transportation costs.

Relationship to the 1989 Sonoma County General Plan

Several elements of the 1989 Sonoma County General Plan are relevant to the District's Acquisition Program. The Open Space Element establishes policies and programs to preserve the scenic and natural resources of the county. Open space designations adopted as part of the General Plan include, but are not limited to, community separators, scenic landscape units, scenic corridors, critical habitat areas and riparian corridors.

The Agricultural Resources, Land Use and Resource Conservation Elements include policies to protect agricultural lands and other sensitive areas. The general plan establishes three categories of agricultural lands to enhance and protect land for continued agricultural production and to provide for a full range of agricultural uses. These categories are: Land Extensive Agriculture, Land Intensive Agriculture and Diverse Agriculture. District acquisitions generally will be focused on lands designated in the Open Space Element and other significant agricultural and resource areas.

Enabling Legislation

The District was formed under Section 5500 et. seq. of the Public Resources Code. Acquisition and management of lands by the District will conform to the provisions of the enabling legislation. Specifically, Section 6 states that the District shall not exercise the power of eminent domain. Further, the District may not validly convey any interest in real property actually dedicated and used for park or open space purposes, or both, without the consent of a majority of the voters of the District in a special election called by the Board and held for that purpose (Section 5540).

Environnmental Regulations

Environmental laws which are pertinent to the District's program include the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). The District adopted guidelines for implementation of CEQA in October 1991. Adoption of the Acquisition Plan, individual property acquisitions and other District activities will conform to CEQA, where necessary. District projects which may involve federal funding will require conformance with NEPA.

ACQUISITION PLAN

Inventory of Protected Lands

The process of delineating areas of focus for the Acquisition Plan involved research and mapping of lands in the County which are presently subject to some means of open space or resource protection. This included, but was not limited to, an inventory of land interests held by the following organizations and agencies:

Local, County and State Parks Departments
University of California
California Academy of Sciences
Nature Conservancy
Audubon Canyon Ranch
Sonoma Land Trust (SLT)
California Department of Fish and Game (CDFG)
Bureau of Land Management (BLM)
U. S. Army Corps of Engineers (USACE)

These lands have been classified according to the existing level of protection into one of two categories: I) Public Ownership, and 2) Other Protected lands (easements, CDFG managed areas, etc.).

Public and Agency Involvement

Between December 1991 and March 1992, the District held a series of six noticed workshops throughout the County to solicit public input into the Acquisition Plan. Participants were asked to identify areas which they felt the District should acquire or otherwise protect. Areas of interest as well as issues of concern were expressed in written, verbal and graphic form, resulting in approximately 50 maps and 150 written responses.

In addition to individual comments, the District received input from public agencies and various citizens', agricultural and environmental organizations. The District further invited input into the plan through presentations to over fifty (50) groups, including City Councils and civic, business and other community associations. Material compiled through public involvement was reviewed and documented for consideration in the plan.

Objectives and Policies

The following objective and policies were developed to direct the District's Acquisition Program. The policies are intended to prescribe and prioritize areas within the Acquisition Plan and to provide for the preservation of those lands.

Objective

Over a 20-year period, the District shall seek to acquire interests in Sonoma County's agricultural, natural resource and open space lands in a manner which will encourage and promote their perpetual preservation.

Policies

The Acquisition Plan shall:

  1. Adhere to the intent of the public as expressed by the passage of Measures A and C in the November 1990 Sonoma County general election.

  2. Conform to the 1989 Sonoma County General Plan and the State Public Resources Code and provide for the consideration of the cities' general plans as those relate to the overall purpose of the District.

  3. Show mapped areas of significance based upon the District's priorities which are accompanied by written criteria.

  4. Consider general areas of interest to the District including:

    a). lands designated in the County General Plan Open Space Element
    b). areas designated for agricultural use in the County General Plan Agricultural Resources Element
    c). areas identified through public interest, and
    d). other areas which conform to the intent of the District.

  5. Evaluate and prioritize within the District's annual Action Plan special areas of interest according to the following criteria:

    a). consideration of areas within existing open space designations, with priority being given to community separators
    b). consideration of areas near existing protected lands
    c). cooperation with other agencies in preserving land
    d). protection of crucial natural resource areas
    e). protection of agricultural lands under threat of conversion or loss to urban development
    f). protection of resource or scenic lands threatened by development or other adverse land use change
    g). consideration of areas which fulfill more than one of the above


    To further its objective and to implement this Acquisition Program, the District shall:

  6. Allocate a minimum of 95 % of the District Sales Tax Revenue for acquisitions and acquisition-related costs for the first five (5) years (through the end of FY 1995-96) following the District's creation.

  7. Pursue through the District's annual Action Plan the preservation of Category One lands. Consider acquisition of interests in all designated areas based on factors such as the urgency or advantage of a particular sale, changes in market conditions, land costs, likelihood of development or possible gifts or grants.

  8. Acquire rights in agricultural lands or open space primarily through the purchase of development rights. Acquisitions may include purchase of fee interests for public recreation where the public use would not be inconsistent with the 1989 Sonoma County General Plan Open Space designations, including community separators, scenic landscape units, scenic corridors, critical habitat areas and riparian corridors.

  9. Make the fullest use possible of available grants and gifts to further agricultural and open space preservation.

  10. Utilize a broad range of real estate techniques such as life estates, term payments or other options to augment the District's Acquisition Program.

  11. Cooperate with other public agencies and private organizations to achieve mutual goals which further the Sonoma County General Plan Agricultural Resources and Open Space Elements. This should include the solicitation of joint or outside funding sources.

  12. Evaluate projects within incorporated jurisdictions on a competitive matching grant basis. Give preference to acquisitions and projects affecting both incorporated and unincorporated lands and watercourses.

  13. Review and update the Acquisition Plan at least every five (5) years. Provide the opportunity for the public to offer comments and recommendations.

  14. Consider development of conceptual master plans for selected areas of the County to assist with prioritization of lands which further open space and agricultural preservation.

The Acquisition Plan map shown as Exhibit B was prepared by an ad hoc committee comprised of District staff and Citizens' Advisory Committee representatives. In order to identify lands within the three (3) categories, the ad hoc group evaluated each of the nine (9) county planning areas with respect to the above policies. This analysis included, but was not limited to, consideration of land use and open space designations, public input, State important farmlands (Department of Conservation), mapped biotic resource areas, Cities' general plan policies and existing protected land inventories. Key considerations for the Acquisition Plan are distinguished by planning area in Appendix A on file at the District office.

Acquisition Plan Map - Key

The District's level of interest in acquiring interests in real property described in the following categories:

Category One: The District has a clear and committed interest in acquiring interests in lands and will actively pursue acquisition in these areas. These areas are important to preserve for agricultural use and/or open space in order to avoid continuous urbanization.

Category Two: This category encompasses areas important to maintain the scenic quality of the county and to allow for continued agricultural productivity. This is a large area where acquisition and preservation by the District will not be possible in all areas. The District will act where considered most urgent or advantageous on a case by case basis.

Category Three: The District will act in these areas in cooperation with other agencies, when any major change in circumstances threatens important resources, or where opportunities such as bargain sales and gifts may occur. These areas, although important, are not considered to be under immediate threat, and therefore, the initial role of the District is a supportive one.

Other Areas: The District has the legal ability to acquire interests in lands throughout the County. The District will act in these areas where exceptional circumstances warrant response to a clear and legitimate threat to, or significant degradation of, the County's agricultural, open space or natural resources.


Administrative Guidelines

In order to direct its acquisition efforts, the District will develop administrative guidelines. These guidelines will describe the methodology for pursuing acquisition of interests in lands within the various categories established by the Plan (e.g. consideration of bidding process vs. market solicitation of landowners in those categories). The guidelines also should include consideration of an opportunity purchase reserve fund which will allocate a specific amount for emergency purchases requiring immediate action. The District shall coordinate with the Open Space Authority to establish procedures for operation of this fund as well as an appropriate amount. The administrative guidelines will outline the District's procedures for individual acquisitions as follows:

  1. Expression of interest by staff or landowner in a particular property

  2. Initial contact by staff to ascertain importance of property to District's Acquisition Program

  3. Signed letter of interest and/or project application indicating commitment by landowner or his/her representative to work with District

  4. Initial staff site visit and documentation of physical characteristics of property and surrounding area

  5. Completion of evaluation checklist by staff

  6. Recommendation by Acquisition Subcommittee to full Advisory Committee

  7. Recommendation and direction by Advisory Committee for staff to proceed with appraisal and/or negotiations

  8. Securement of title reports, necessary appraisal information and other pertinent documents

  9. Initiation of CEQA process by staff

  10. General Manager's Report to District Board of Directors to inform of potential acquisition

  11. Presentation to Open Space Authority for General Plan consistency determinations

  12. Negotiations

    a). Drafting and review of transaction documents
    b). Mutual agreement of price, terms, conditions and stewardship considerations between District staff and landowner

  13. Staff return to subcommittee to review final details of transaction

  14. Staff report to Advisory Committee for recommended action on transaction

  15. Request to Open Space Authority to make Expenditure Plan consistency determination and to provide funding for acquisition

  16. Presentation to District Board of Directors for approval of acquisition

  17. Completion of baseline documentation

  18. Closing/publicity

  19. Monitoring of transaction terms

Action Plan

In accordance with the Administrative Guidelines, the District shall adopt an annual Action Plan which is consistent with the Acquisition Plan. The Action Plan will outline particular priorities and areas of critical concern to focus the District's acquisition efforts and funding for the ensuing fiscal year. The District shall consult with the Cities on a regular basis regarding the Acquisition Program and the annual Action Plan. As a part of the Acquisition Program, the Action Plan will be reviewed and approved by the Open Space Authority. Development of the Action Plan should occur at approximately the same time as the annual budget (June).

Stewardship

Implementation of the Acquisition Program will require proper and effective management for all District holdings (easements and fee title). Management provisions must be identified for individual acquisitions. For example, the District is required to prepare baseline documentation which spells out the provisions of the easement which the District will monitor. This information will consist of photographs, maps and timetables to ensure appropriate management of the District's interests.

Where feasible, the District should encourage land or easement management by other agencies and through volunteer and peer programs. The District should maximize the assistance of existing park or other agency staff to manage its lands acquired in fee.

Following the initial five (5) years of the District, consideration should be given to the long-range funding of necessary stewardship for District land holdings.

Public Outreach

An integral component of the District's Acquisition Program is public outreach. For individual acquisitions, publicity should be tailored to the landowner's needs. The District will emphasize that acquisition of easements on private property does not imply that public access is permitted. The District will encourage public involvement to further the Acquisition Program and related activities. Within the first three (3) years, a landowner's handbook will bedeveloped to explain the District's policies and procedures regarding land acquisition.

Revised 11/15/94
(Final.Doc)


EXHIBIT A

ORGANIZATIONAL STRUCTURE OF THE
SONOMA COUNTY AGRICULTURE PRESERVATION
AND OPEN SPACE DISTRICT



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