HISTORICAL SERIES OF EVENTS / MARINA DEVELOPMENT AT HERITAGE RANCH

The original developer of Heritage Ranch was Gordon Heath who formed a company named Heritage Ranch and Cattle Company (HRCC).  A CUP #U7200201:4 issued on February 28, 1972 for “Marina Improvements” was to include two launch ramps, a floating gas station and store and marina dock(s).  The main launch ramp design approved under that CUP was to be 600' long and include a right turn near the lake bottom of approximately 725' elevation to continue access to Nacimiento Lake down to 715' elevation.  The design of that launch ramp eventually appeared impractical to build the section between approximately 725' and 715' elevation as that was approximately 200' in length with a drop of only 10' elevation.  The second launch ramp was a high-water launch ramp across the channel of Snake Creek.

Gordon Heath eventually leased the property adjacent to Heritage Ranch from Monterey County Flood Control and Water Conservation District (Monterey County) who was the owner of the property on a fifty-year lease (Nacimiento Lake Park).  Gordon Heath formed a company named Water World Resorts (Water World) to manage the Nacimiento Lake Park property.  Gordon Heath’s son, Dan Heath took over the management of the same in approximately 1974.  The Nacimiento Lake Park property is located in SLO County.  Certain promises were made to Monterey County by Water World as part of the lease agreement that both directly and indirectly affected Heritage Ranch.  The most controversial of those issues involved the building of a public road, Heritage Road through Nacimiento Lake Park, instead of Heritage Ranch, which was agreed to be completed by 1978.  To facilitate development of both Heritage Ranch and Nacimiento Lake Park properties, an amendment to the Development Plan for Heritage Ranch was adopted by the SLO County Board of Supervisors on December 4, 1972, which was also a requirement of the lease agreement between Monterey County and Water World.

HRCC lost their interest in Heritage Ranch to Reedmark/Six Corporation (Six Corporation) in April 1975.  At that time only one launch ramp lane had been completed which reached approximately 748' elevation.

Six Corporation was owned by two brothers in Bakersfield, Wayne and Warren Reeder.  Since Heritage Ranch and Nacimiento Lake Park were then owned by two separate entities (Reeders and Heaths), competing interests began to emerge.  As Six Corporation tried to move forward in developing Heritage Ranch various disputes arose, which were many times initiated by complaints received at SLO County.  The Heritage Ranch property owners often felt threatened by public take-over of the main roads through Heritage Ranch (Gateway Drive and Heritage Road) leading to Nacimento Lake Park and often lead the charge against a perceived “enemy” attempting to destroy the private community they had been told existed.  It appears the timing of significant encounters between Heritage Ranch property owners and Water World representatives resulted in the sandy beach (Point) that parallels the existing Heritage Ranch launch ramp being fenced off from use by Heritage Ranch property owners.  That property was part of the leasehold of Nacimiento Lake Park under the control of the Heath family and a potential site for a launch ramp to reach 715' elevation.

When Six Corporation became aware of the original SLO County conditions associated with CUP #U7200201:4 and the problems associated with the design of a low-water launch ramp specified to reach 715' elevation, Six Corporation attempted to negotiate with Monterey County and/or Water World directly regarding subleasing or purchasing the Point property to develop a second launch ramp.

When various tract maps were eventually threatened to be held up by SLO County because of the 715' specified launch ramp, on June 25, 1981 Six Corporation then submitted a Development Plan to the SLO Planning Commission to amend the previously approved CUP #U7200201:4.  The Marina submittal under U810602:5 attempted to resolve the 715' elevation launch ramp requirement along with removing the floating store and gas station from the plans and consolidating the marina dock (boat slips).  That Staff Report stated that: “Marina – Reduction of the size of the launch ramp and elimination of the approved gas dock and store is requested as an amendment to U720201:4.  The applicant wishes to reduce the extent of marina development while meeting condition 27c of Tract 720, requiring an improved parking and launch area (Exhibit D)... The request to eliminate the approved floating gas dock and store is justified since Monterey County Flood Control and Water Conservation District (FC & WCD) has extended an exclusive 25-year lease to Water World Resorts for an existing similar facility (Exhibit E).  The request for elimination of the low water portion of the launch ramp is also justified since it only extends 5 feet lower than the existing end point and would generate potential vehicle erosion and waste pollution problems by its remoteness from existing parking, waste disposal and restroom facilities.  The applicant’s proposed precise plan would replace the one approved August 28, 1973, contingent upon plan approval by Monterey County FC & WCD.  The district approved the plans contingent upon deletion of the fuel dock and consolidation of the two marina docks.  The applicant’s plan can be approved conditionally as a revised precise plan with a requirement to meet the district’s direction... Details shall be worked out between the Developer and the Planning Department following the procedure under “Department Review” in Chapter 22.03 of the County Code and shall give particular attention to the following items: a. Re-evaluation of the soutwesterly ramp facilities.  b. Evaluation of the relationship of this facility to other uses proposed in the area.   c. Requirements of other departments and agencies including Monterey County.  d.  Access to the property from the proposed County road.   e. Precise plans that establish the character and operation of the use.”

After review of the request, the findings of the SLO Planning Commission in regards to the Marina stated: “1. Submit a revised precise plan for Planning Department and Monterey County Flood Control and Water Conservation District review and approval prior to any surfacing, showing specific areas for parking, access roads, drive lanes and turn-around areas to be surfaced and relocation of the extended launch ramp to reach at least the same elevation level as the original ramp location...”  This assumably bought time to resolve the launch ramp problem (while other tentative tract maps could then be submitted) which caused both Six Corporation and HROA to join efforts to try to negotiate a sublease or purchase of the Point property to satisfy the condition as stated.

For example, on July 2, 1982 at a HROA Board of Directors meeting, it was formally: “authorized [for HROA] to engage in initial negotiations with Dan Heath (Water World) for acquisition (sublease of land adjoining HROA’s Marina)”.

On November 16, 1982 HROA President Larry Reid wrote to Ron Lindstrom, Water World in part: “In response to your request, we submit herewith a proposal for sub-leasing a portion of the property which Water World presently leases from Monterey County.  Our present marina facilities are severely limited by Heritage Ranch boundaries in relation to the lake configuration, and the leasing of the area described below would enable us to install a launch ramp and additional boat slips sufficient to serve our residents.  This would be the only use to which the subject property would be put... This comprises 40 acres +-, of which approximately 7 acres are above the 800’ water level.  We propose a lease payment in the amount of $3,000.00 per year.  We estimate that for the foreseeable future approximately 300 boats will use the facility.  Our last count shows 275 boats presently on the ranch.  All of our present slips are rented, and there is a waiting list which, at the present rate of turnover, will be accommodated in five years.  A census of boat activity taken earlier this year showed the following... At the present time, approximately 1,200 lots have been sold at Heritage Ranch.  About 750 houses have been built, of which about 275 are permanently occupied.  It appears that roughly ¼ of the lot owners keep or use a boat at the ranch marina.   We very much appreciate the opportunity to submit this proposal, and it would mean a great deal to us to resolve this matter.  I look forward to hearing from you in the near future.”

On December 22, 1982 HROA President Larry Reid wrote to Supervisor A. Petrovic, Monterey County Board of Supervisors: “Reference is made to our telephone conversation this date, regarding our attempts to sublease land from Water World (D. Heath) for use by our property owners as an addition to our marina facilities.  Despite our efforts during the past several months, we have received no response nor any indication of a willingness by Water World to enter into such an agreement.  We have repeatedly made clear to both Mr. Heath and to his associate, Mr. Ron Lindstrom, our sincere desire to arrive at a mutually beneficial arrangement, whereby Water World would receive reasonable compensation for the use of this property (which is virtually unusable by Water World) in return for accommodating the needs of our ever-increasing property owners and residents.  Enclosed is a copy of our latest proposal to Mr. Lindstrom in this regard.  To date, we have yet to receive any response.  Any assistance which you can provide in resolving this matter would be greatly appreciated by all of us at Heritage Ranch.”

No significant activity happened between 1982-1986 on this issue. 

In a letter dated April 9, 1986 from HROA property owner Muriel Schmidt to Larry Red SLO County Planning Department, it stated in part: “In accordance with Precise Plan (6/2/81) and Approved Map (Ex. C); the Launch Ramp should be completed to the lowest elevation of 730 ft. at the very least.  Upon Mr. Lopes advice we submitted a formal complaint dated 3/20/86.  He explained that maps and data provided represented the operative Use Permit requirements.  On April 4^th, Mr. Lopes advised that County Records did not reveal the revised precise plan for this Ramp.  Also, that the Engineering Dept, could not find record of a Construction Permit, the revised plan, or record of inspection of this Ramp.  Therefore, the County may have made an erroneous approval of Tract 720.  Guy Greene, Planner for Six Corporation reported on April 4^th, 1986 at the HROA meeting in response to inquiry of some Property Owners about the Ramp.  (Mr. Warren Reeder was present and seemed to agree to Mr. Greene’s presentation).  (1) Twin Cities Engineering of Templeton submitted required engineering data for Six Corp. on this project.  This information could not be found in their files; nor in the files of Six Corp.  Therefore, the Developer could not indicate the lowest elevation of the Launch Ramp as required by the County... Please note that as early as August, 1985 the Lake Level was far below this Ramp; making it necessary to use facilities at Water World.  Therefore, on behalf of property owners at Heritage Ranch I am requesting the Developer’s responsibility for length of this Ramp in accordance with Conditions of Approval of Tract 720.”

On May 22, 1986 SLO County Planning Department Larry Red wrote to Guy Greene, planner for Six Corporation the following:  “SUBJECT: MARINA LAUNCHING RAMP -- Our office has received a request to investigate the status of the subject project.  As you are aware the Planning Commission approved modifications to the previous use permit, along with several other projects, on June 2, 1981 (D810602:5).  That action eliminated the requirement for a right-angle extension, which reduced the overall length to approximately 600 feet.  However, the elevation was apparently to remain as originally approved at about 715 feet.  Other conditions included obtaining approvals from Monterey County and our county Engineer.  As with most long standing projects, the administrative record is somewhat vague.  Personal recollections are also unclear.  However, we have thoroughly reviewed available information, and have found some deficiencies.  It is clear we received the revised precise plan submitted with our letter of August 25, 1981.  Jamie Lopes approved it in his letter of September 18, 1981, subject to review and approval of the ramp surfacing by county Engineering.  Unfortunately, sheet 6 of your plans is missing, and our files contain no approvals from either our Engineering or Monterey County.  The inquiry we received indicates the ramp is only about 390 feet long and reaches just to the 748-foot elevation.  According to our information the ramp was to be at least 600 feet long and reach at least below the 730-foot elevation, and probably to the 715-foot mark.  Please provide us with information to indicate conformance with this requirement.  We also need confirmation of approvals by both counties and another copy of the revised Site Plan.  If a determination cannot be made that the project is in compliance with the approved Development Plan, appropriate conditions of approval may have to be recommended on one of your subsequent applications.  I hope this can be resolved without complicating future hearings.  If you have any questions, please feel free to contact me directly.”

In another letter dated May 30, 1986 Larry Red, SLO County Planning Department wrote to Guy Greene, planner for Six Corporation the following: “This letter is to keep you advised as to the status of our investigation of the launch ramp’s approvals and its compliance.  We have requested that Six Corporation provide us with copies of relevant information they may have regarding the facility.  Once that material has been reviewed, and a site inspection made, we will notify them of our determination.  If there are deficiencies and the ramp does not conform to the approved Development Plan, we will try to resolve that problem through standard enforcement measures.  In that case, or if it is found to be in compliance, you will be kept informed.”

A letter dated June 2, 1986 from Guy Greene, planner for Six Corporation to James Lopes, SLO County Planning Department was written in preparation for the General Plan Amendment regarding three issues of concern.  The second issue involved the temporary boat trailer parking at the marina.  That letter stated in part: “...It is true that space is inadequate.  The marina area was established in 1972, on the only land which could be used for this purpose.  At the same time, most of the adjacent area was designated as a campground, which I believe to have been a serious mistake, since it does indeed severely limit marina parking.  Since both the marina and the campground are owned in fee simple by the HROA [See Note: January 11, 1989], there is little that the developer can do to relieve this situation.  He has allowed boat trailer parking on land which is designated for future development, but this is not only temporary, but unsatisfactory as a solution.  Several years ago I suggested to the HROA that they use that portion of the campground reserved for tent camping as parking, and showed how this could be done (see enclosed plan).  I further suggested that the developer would make land available to them for replacing the tent camping sites, and also participate in the cost of grading and surfacing the parking area.  HROA has not responded to this...” 

On June 24, 1986 a letter was written by the HROA Board of Directors to Gary Larson, SLO County Planning Commission asking for time to resolve the marina issues stating in part: “...Parking is a short-term activity at the marina, where it is necessary to park the trailer after launching a boat, and to have it available for retrieval at the end of the outing.  Space for this is indeed limited, because most of the peninsula (our only access) is taken up by the campground which was established in 1972.  We own both the marina and the camp [See Note: January 11, 1989].  HROA has considered various methods of increasing the parking, but it has not been necessary in the past because the developer has provided parking areas nearby.  Obviously, when these areas are developed, it will be necessary to deal with this situation, and we are quite prepared to do this... The concern of the association for a future additional launch ramp is also shared by the developer... We realize that there are several locations where this ramp could be installed; time, planning, mutual agreement of selected site, lake levels for installation, etc., are all key factors.   Therefore, the association is willing to cooperate in allowing for the time necessary to install this launch ramp so that the final product will be to the best interest of the association.  We feel that the Phasing Plan Amendment before you is an important step in the development of our community, and contains many elements of significant benefit to both present and future property owners.  HROA feels that this plan should not be jeopardized or compromised by consideration of problems which are a normal part of day-to-day activities.”

On July 9, 1986 Larry Red, SLO County Planning then wrote to Guy Greene, planner for Six Corporation that: “...we are still attempting to update our file regarding launching ramp status.  It is important to have copies of any approval received from either county Engineering or Monterey County... A determination must be made as to what has been completed thus far.  With an inspection, our staff could then more easily define what is required to resolve everyone’s concerns.  If we do not hear from you in 30 days regarding this request, our enforcement section will begin abatement proceedings.”

A letter back from Guy Greene, planner for Six Corporation to Larry Red, SLO County Planning dated July 17, 1986 stated in part that: “I can give you very little information in response to your letter of July 9 other than to quote from your own department’s documents... Both of these documents are vague in that they do not refer to specific plans or other precise information... The launch ramp has a single purpose, which is to permit boat launching from trailers.  To accomplish this, its slope must be within certain limits, regardless of its length.  For maximum utility, it should extend to the lowest point at which it is still possible to launch a boat, as the water level is lowered.  I have been informed by the manager of the Heritage Ranch Owners’ Association that the present ramp does in fact extend to that point.  Again, this can be verified and resolved only by inspection.  As to document files, I have none...”

On July 30, 1986 James Lopes, General Plan Administration of SLO County Planning responded to Guy Greene, planner for Six Corporation stating in part: “...We have approved a revised precise plan for the launch ramp, as indicated previously, that establishes a 600 foot length based on a presumed 715 elevation.  This approval partly completes the marina Condition No. 1 of D810602:5, however, we do not have a record from you that Monterey County Flood Control and Water Conservation District has approved this plan.  The guideline in this condition does not appear vague to us in that it states to relocate the extended launch ramp, “to reach at least the same elevation level as the original ramp location”... We would like to view the ramp and conduct any necessary measurements prior to August 8, 1986, so that any necessary corrections can be made.  We can then address any public concerns that may be raised during the hearings on the general plan amendment G840625:1... Completion of this and the first and second conditions in a timely manner this year would demonstrate your commitment to resolving longstanding requirements from Conditional Use Permit D720201:4 and the revised plan D810602:5.  Subsequent to our viewing and depending on further discussion with you and area residents, we will consider whether to recommend a standard with General Plan Amendment G840625:1 – Six Corporation, to require the improvements to be constructed before any additional land division or development applications are submitted... If a new standard is recommended to the board, it may refer the matter back to the Planning Commission for review and recommendation, continuing its hearing to a later date.  If this procedure is followed, it is likely that a continuance to the December cycle of board hearings would be necessary.  We recognize this would not be preferable to you or us... Due to the long delay in completing these conditions, we may need to refer this matter to the Enforcement Section of this office to start abatement proceedings.  However, we continue to think that this matter can be resolved outside that process.”

On August 13, 1986 Guy Greene, planner for Six Corporation wrote back to James Lopes, SLO County Planning stating in part: “...I have enclosed a copy of a portion of the map showing the launch ramp, and also a drawing of the ramp profile.  Please note the following: 1. The ramp extends to approximately el. 730, as shown on my 1981 precise plan.  2. From el. 730, a distance of 200’, the slope of the bottom is 5%, after which it is essentially level until it begins to rise on the opposite bank, 3. The ramp has been made wide enough for U-turns throughout its length, except for the final 90’, where it is unnecessary.  It seems to me that the ramp extends as far as is practicable, although I shall be happy to discuss it with staff at any time...”

General Plan Amendment #G840625:1 was approved on August 19, 1986 reducing the build-out to 2,900 lots “to reflect a more realistic development capability within the intended semi-rural character of the ranch”.  The Planning Staff rejected a proposal to use portions of the area zoned for Residential Multi-Family as an acceptable alternative for boat trailer parking due to several factors including the fact that use of that area would require crossing Heritage Road by both boat trailers and pedestrians, creating safety hazards, and the fact that there is a substantial distance between the marina and the proposed site.  A proposal was then made to enlarge the existing marina parking lot by removing some of the tent sites in the camping area owned by HROA and relocate them to another part of the property to the north nearby.  The following specific language was included in the Land Use Element: “Prior to recordation of a Final Map for a recreational vehicle subdivision... additional boat trailer parking is to be provided as close to the Marina as possible.  If authorized by HROA the site shall be located upon land owned by or to be deeded to HROA sufficient to serve the needs of Heritage Ranch residents and guests when it is built out to 2,900 units...”

In a letter dated July 31, 1987 from HROA President Larry Reid to Wayne Reeder, Six Corporation, it stated in part: “I have been requested by the HROA Board of Directors to inquire into the following items… based on prior commitments of Mr. Warren Reeder [Six Corporation], many of which are recorded in the HROA Board Meeting Minutes… Campground Relocation (Non-Hookup Sites) – When does Six Corp. plan to relocate non-hookup campsites to provide much needed additional parking at Marina?  Boat Trailer Parking – Commitment was made to provide a boat trailer parking area, at a specific location behind the existing Campground, to replace the ones which will be lost when new RV and condo tracts are developed…”

At the October 29, 1987 HROA Board of Directors Meeting, a proposal was presented from Gary Brock, representative of Six Corporation “in an effort to create additional parking without losing campsites”.  It was quoted in that meeting that “In a meeting of 11/19/81 Wayne Reeder [Six Corporation] stated: There is no problem with the developer providing additional campsites and parking; however we should first determine whether or not we can acquire more land for marina improvements; the campground should be as close to the water as possible.”   A special meeting was then set for the following Thursday, November 5, 1987 to further discuss these issues.

At the November 5, 1987 HROA Board of Directors Meeting, a revised plan for campsite relocation and boat/trailer parking was presented.   The HROA Board approved said plans under two motions which included: “...move the existing non-hookup campsites (32) to provide for additional parking subject to HROA approval of development plans as they progress” and “...that in compliance with Resolution 86-62 from SLO County Planning Commission dated July 10, 1986, the plans submitted for additional boat/trailer parking on two sites, plus campsites, be approved subject to the Association’s approval of the developer’s plans as they progress; with the understanding that this is not adequate parking for 2900 units...”

On December 8, 1987 HROA Director Charlie Irving wrote to the SLO County Planning Department in part: “I will be unable to attend the Planning Commission meeting on December 14^th [regarding proposed Tract 1503]... the only objection is where and how the additional people are going to launch their boats... the one and only launch ramp is taxed to capacity on summer weekends... The HROA does not have any property where a launch ramp can be constructed, so it will be up to Six Corporation to provide the land.  The problem here is that they might not have a suitable place.  Six Corporation is aware of the problem and has made attempts to lease a portion of land owned by Monterey County and is presently leased by them to Water World.  It is believed that the owners of the resort will not discuss sub-leasing this Point of land to either Six Corporation or the HROA for personal reasons.  However, it is felt that the launch ramp must be provided before granting additional permits.”

At the December 10, 1987 HROA Board of Directors meeting the Marina issue was discussed in earnest.  HROA Director Muriel Schmidt stated: “Requirements contained in a letter dated July 30, 1986 from the SLO Planning Department regarding the launch ramp have not as yet been complied with; We need to have more ramp in the future and this should be discussed at the December 14^th hearing. [for Tract 1503]  We are going to have to widen the existing ramp, find more sites or other alternatives for more launching space – this should be provided for in future plans;  I want the Commission to address this now.  I don’t want the developer held up in any form, but I have had the opportunity presented that it could be stopped until a solution is found.”  Gary Brock, representative of Six Corporation responded:  “There is no correspondence to indicate anything in the making for another launch ramp... What I have found to be practical for another ramp, if the developer is made to provide it, is where Six Corporation’s old docks are now.  “Motion by Muriel Schmidt, seconded by Bob Lyons, carried after discussion with Elaine [Hollingsworth] Delkener abstaining, that Muriel Schmidt present the following position of HROA to the Planning Commission on Monday, December 14, 1987, in San Luis Obispo County: 1.  The present launch ramp be completed in accordance with Exhibit C.  Resolution has never been made of this issue since 1986;  2.  Launch facilities be provided to take care of development when built out to 2900 units; 3.  HROA to approve launch ramp development proposal; 4.  Bonding to be requested if needed; 5.  Developer is not to be delayed if possible to achieve these requirements; 6.  The foregoing launch ramp requirements be a community standard and a condition prior to final approval of Tract 1503.”

On December 14, 1987 the SLO County Planning Commission then approved a Development Plan under #D860070 for Tract 1503.  Included in the conditions was a requirement to provide enough boat trailer parking as close to the marina as possible sufficient to serve the needs of Heritage Ranch residents and guests at build-out along with submitting a study to evaluate the existing boat ramp to determine if expansion or modification is necessary to satisfy the carry-over condition for the same.   [Condition #7.  “This project is also subject to the conditions of approval for the previous Development Plan #D810313:2” (requiring a launch ramp to 715’ elevation).  Condition #24.  “Boat Trailer Parking – Prior to recordation of a final map or under a bonding agreement, additional boat trailer parking area is to be provided as close to the marina as is feasible.  If authorized by the Heritage Ranch Owners’ Association (HROA), the site shall be located upon land owned by or to be deeded to HROA sufficient to serve the needs of Heritage Ranch residents and guests at ultimate build out.  If located on the marina site and displacing existing campsites, the developer shall replace such sites with equivalent land from the area west of the emergency access road on the Recreational Vehicle Subdivision site.  The developer shall develop these campsites with equivalent water supply, sanitary and other facilities.  These site improvements will be subject to the provisions of the Land Use Ordinance, planning area standards and may require additional development plan approval.”  Condition #31.  “Boat Ramp – Prior to recordation of the final map, the applicant shall submit a study to the Department of Planning and Building for approval evaluating the existing boat ramp to determine if expansion or modification is necessary to adequately serve existing and future residents of Heritage Ranch.”] 

Under Staff Comments the following was included in part: “Conformance with Previous Conditions of Approval – The Heritage Ranch project has several “carry over” conditions of approval that apply to subsequent development applications from the previous development plan (#D810313:2)... The applicant is meeting actively with the HROA to work out a mutually satisfactory site plan to expand the existing boat trailer parking at the marina and relocate the existing tent campsites to the area on the western periphery of the RV subdivision site.  A subsequent development plan may be required...”

At the February 23, 1988 HROA Board of Directors meeting, Gary Brock, representative of Six Corporation stated in part: “We know that we are going to have to build another launch ramp.  It might be good to widen the existing ramp and keep Six Corp. docks over where I have moved the other docks.  It would keep us from giving HROA more property...”

At some point, Six Corporation widened and extended the existing launch ramp to four lanes at a depth of approximately 730 feet elevation.

On March 10, 1988 HROA property owner Sherman Ellis wrote to Paul Crawford, SLO County Planning Director regarding the launch ramp at Heritage Ranch, stating in part: “Planning Commission Hearing Tentative Tract 1503 12/14/87 Ellis presentation on boat ramp.  In the above referenced meeting (12/14/87) the undersigned described in detail that the existing boat launch ramp is inadequate under peak loads on summer weekends and that the load will approximately triple as Heritage Ranch grows from the existing approximately 1080 developed sites to the total development of 2900 sites... Since the property values at Heritage Ranch rely so heavily on the use of the lake; both the property owners and the tax base used by San Luis Obispo County are directly involved.  We would point out the Oak Shores development, Nacimiento Lake Water World development and the facilities at San Antonio Lake all have three launch ramps and approximately three time the capacity of Heritage Ranch launch ramp.  At the same time Heritage Ranch is being permitted to develop to a substantial greater density.  A further delay in resolving this matter will only close out some options for a solution.  We are unaware if this item is addressed in the EIR.  It is recommended that: a condition be added to further approval of development by Six Corporation that it must be shown that the launch ramp to be provided is adequate at peak load conditions for the ultimate development of 2900 sites.”

On March 31, 1988 a letter was written from HROA Board Member Muriel Schmidt to Elaine [Delkener] Hollingsworth, HROA President/Six Corporation representative: “I have been informed that Dan Heath had offered to lease the Point in negotiations with Six Corporation in the past and still might consider doing so.  I phoned Mr. Heath, he advised me about three years ago he had offered to lease the Point for $1.00 per year per homeowner and the offer was rejected by Six Corporation.  Questions to Dan:  Would you make copies of such correspondence available?  Answer: Yes.  Would he be interested in exploring the terms of a lease with HROA?  Answer: Yes, because it is the best site for a second Marina and ramp.  I am requesting that the HROA Board consider exploring the Point.  Copy: Sherman Ellis.”

At the May 26, 1988 HROA Board of Directors meeting it was stated by Gary Brock, representative of Six Corporation that: “…if we acquire the Point, Six Corporation would put in a low water ramp instead of widening the present one.”

On September 2, 1988 a meeting occurred between HROA and Dan Heath.  The Point sublease agreement was approved by the HROA Board of Directors and signed by all parties on September 20, 1988 locking this property up for a total of forty years (10 year initial lease + 3 10-year extensions – Water World’s lease with Monterey County at the time was only 34 years total).   The 60 boat slips owned by Six Corporation were then floated between Lot #6 of Tract 720 and the Point property over the next several years depending on water fluctuations.

On November 3, 1988 HROA President Charlie Irving wrote to Gary Larson, SLO County Planning Commissioner regarding the launch ramp stating in part: “The HROA is pleased that the developer (Six Corporation) has completed the extension of the existing boat ramp, that being, (60’ wide to the 727’ contour level).  However, this construction does not solve the problems facing the ranch, as additional tracts are developed.  Recently, Mr. John Hatcher, Six Corporation, published a preliminary report of an evaluation conducted by him last summer.  This, we believe, was a condition of approval of Tract 1503 for the development of 335 additional RV spaces, along with additional boat trailer and vehicle parking.  In his report, Mr. Hatcher concludes that the existing ramp should now be adequate for a population of 2400 developed sites provided that courtesy docks are provided on either side of the newly widened and extended ramp.  He further recommends that another two lane high water ramp and a two lane low water ramp will be required by “buildout”... At this point, we feel that the developer must be tasked, as a condition of approval, to demonstrate that boat launch facilities will be built to accept peak launch load conditions at “buildout”... we would appreciate the opportunity to reaffirm our needs for total launch facilities prior to approval of current planning, for development of Tract 1528 [1910] and 1531 [1990], respectively...”

On November 22, 1988 the SLO County Planning Commission approved a Development Plan under #D870007 for Tract 1910.  20% of the residential units, equaling 30 additional boat trailer parking spaces were to be provided as a condition of development and a study was to be provided showing, if feasible, a Marina system including boat trailer parking and boat launch requirements at build-out.  Staff recommended that the first Development Plan for boat trailer parking was the appropriate place to review: 1. The total boat trailer parking space requirement for the completed development (2900 units); 2. Site location(s) for boat trailer parking spaces including Tract 1503, 1910 and 1990 as well as projection for final phases of the Ranch; 3. An evaluation of additional launch ramp feasibility, location and cost contribution; 4. A marina improvement phasing plan based on residential lots/units outlining the timing for increments of boat trailer parking and other marina-related development. [Condition #14 = “Prior to recordation of a final map, an additional boat trailer parking area is to be constructed or bonded for as close to the marina as is possible on the site covered by D870113D or other appropriate site covered by a subsequent development plan.  This project shall provide boat trailer parking spaces for 20% of the 150 residential units equaling 30 boat trailer parking spaces at a minimum.  Facilities shall be constructed on a site determined through development plan approval prior to recordation of the final map (or bond for allowing either the County or HROA to call the bond within one year of recordation should the developer fail to construct.)  If authorized by the HROA, the site shall be located upon land owned or to be deeded to HROA sufficient to serve the needs of Heritage Ranch residents as determined in the study referenced below.  If located on the marina site and displacing existing campsites, the developer shall replace such sites with equivalent land from the area west of the emergency access road on the Recreational Vehicle Subdivision site (or other appropriate site).  The developer shall develop these campsites with equivalent water supply, sanitary and other facilities.  These site improvements will be subject to the provisions of the Land Use Ordinance, planning area standards and will require development plan approval.”  Condition #15 = “Prior to the recordation of the final map the applicant shall submit for review and comment by HROA and approval by the Department of Planning and Building a study showing, if feasible, a Marina system including boat trailer parking and boat launching requirements for Heritage Ranch (completed at future phases) including an estimate of the boat trailer parking requirements.  The study shall be the basis for a subsequent development plan application for boat trailer parking and shall provide an evaluation of the feasibility and location of a second marina and boat launch ramp.  The development plan application shall not be a prerequisite to recordation of the final map.” (Sedes Report)]

On December 13, 1988 the Planning Commission approved a Development Plan under #D870092 for Tract 1990.  The conditions of approval were worded (in contrast to Tract 1910 which had just been approved the month prior) to eliminate specific reference to HROA to allow for a separate association to manage this development and now absent any request or condition that any Gatehouse be installed along Heritage (Loop) Road along with no concern over maintenance-related issues for the planned School, Public and Commercial uses. [Condition #14 = “Prior to recordation of a final map, an additional boat trailer parking area is to be constructed or bonded for as close to the marina as is possible on the site covered by D870113D or other appropriate site covered by a subsequent development plan.  This project shall provide boat trailer parking spaces for 20% of the 250 residential units equaling 50 boat trailer parking spaces at a minimum.  Facilities shall be constructed on a site determined through development plan approval prior to recordation of the final map (or bond for allowing either the County or HROA to call the bond within one year of recordation should the developer fail to construct.)  If authorized by the HROA, the site shall be located upon land owned or to be deeded to HROA sufficient to serve the needs of Heritage Ranch residents as determined in the study referenced below.  If located on the marina site and displacing existing campsites, the developer shall replace such sites with equivalent land from the area west of the emergency access road on the Recreational Vehicle Subdivision site (or other appropriate site).  The developer shall develop these campsites with equivalent water supply, sanitary and other facilities.  These site improvements will be subject to the provisions of the Land Use Ordinance, planning area standards and will require development plan approval.”  Condition #15 = “Prior to the recordation of the final map the applicant shall widen and lengthen the existing concrete boat launching apron to extend the boat launching capability to lower lake levels in accordance with a plan to be approved by County Engineering.”  Condition #16 = “Prior to the recordation of the final map the applicant shall submit for review and comment by HROA and approval by the Department of Planning and Building a study showing, if feasible, a Marina system including boat trailer parking and boat launching requirements for Heritage Ranch (completed a future phases) including an estimate of the boat trailer parking requirements.  The study shall be the basis for a subsequent development plan application for boat trailer parking and shall provide an evaluation of the feasibility and location of a second marina and boat launch ramp.  The development plan application shall not be a prerequisite to recordation of the final map.” (Sedes Report)]

It should be noted that it wasn’t until January 11, 1989, that First American Title was instructed by Six Corporation to deed to HROA by Corporation Grant Deed, Lot 4 and 5 of Tract 720 which is the main marina area which includes the existing launch ramp and campgrounds.  The section of Heritage Road leading to the marina between Heritage Park and the Fish Cleaning Station has never been deeded over to HROA.  (In 1992 the HROA Board of Directors eventually met with HROA Attorney Tom Morlan and considered filing a lawsuit to try to secure ownership of specific other common area/open space parcels which had not been deeded to HROA.)

In attempt to satisfy the specific Marina parking conditions of both Tract 1910 and 1990, on May 11, 1989, under a joint application submitted by HROA / Six Corporation, a Development Plan was then submitted under #D870113D to: “...allow the construction of a 56 space boat trailer and 29 space car parking lot, and a 30 space campground.”  [56 + 29 = 75]  That approval included the specific SLO County condition that documentation be submitted showing area adequate for two launch ramps existed on the existing marina site with elevation down to 715’ and a condition to improve Heritage Road up to the Nacimiento Lake Park property. [“Launch Ramp 4. Prior to issuance of any grading or building permits plans or other documentation shall be submitted to the Department of Planning and Building for review which show that an improved surface area adequate for two launch ramps as required by the original marina permit number U720201:4 currently exists on the marina site...”]

The Sedes Study was generated in September 1989, by David Foote/Sedes to identify the best location for an additional (low water) launch ramp and boat trailer parking as required by SLO County.  That proposal favored the additional launch ramp to be built on the leased Point property as Alternative #1 but also provided two other options, both within Heritage Ranch properties.  HROA supported Alternative #2 (although Alternative #2 would not reach 715' elevation).

A committee was then formed at HROA called the “Launch Facility Committee”, chaired by HROA property owner Sherman Ellis to review the Sedes Study.  A report prepared  by the Launch Facility Committee for the HROA Board dated November 15, 1989 stated in part: “...The potential damage to property value resulting from impaired access to the Lake is easily 15% of the total... There has never been a long range Master Plan for the H.R. launch facility, either for now or when the Heritage Ranch development is completed... Up to the present time, construction of facilities at H.R. has been sub-standard and in this regard, the developer has not been responsible to those who bought property in this development...  There is no “improved” construction for boat trailers and remote parking on plain soil not owned by H.R. remains as the mode of operation... In September 1988 the HROA, as a stop-gap measure, sub-leased the “Point”, an area of 25 acres in size but entirely underwater at spillway lake level (800’)... Securing the land for future construction required for the support of 2900 sites now planned at build-out of Heritage Ranch needs to be the central thrust of the HROA Board and every homeowner... the logical current action is to relocate the entire campground and the HROA office...  The current use of the “Point” was reviewed in 1988 by this same committee then known as the “Point Committee” and has already formulated interim plans for use of this area for the purposes for which it was leased...  In this regard the committee recommends Alternative 2, see Sedes Study... Alternative 2 provides a new ramp top above 800’ (spillway) and a low level of about 734’ (Cal Boat Standards 738’ low water operation)... By reference to the monthly plot of Nacimiento Reservoir it can be shown that the 738’ level was present August in all years 1972-1986 with two exceptions and Alternative 1, Second Launch Facility on the “Point” would have had the same two exceptions... There is a far better chance of constructing Alternative 2 in conformance to Cal Boat Standards... 1.  Inform the homeowners with a better understanding of the current status of the launch facility system and future requirements as the community develops.  The committee feels that there is a profound responsibility to inform all property owners regarding the current and future environment at HR and the impact on their lifestyle...  Develop a Master Plan for integrated launch facilities at Heritage Ranch as defined by Cal Boat guidelines for current and future requirements...”

In a November 30, 1989 HROA Board Meeting, Gary Brock, representative of Six Corporation responded to the Launch Facilities Committee’s recommendations stating: “The [Launch Facilities Committee] report lacked solutions... Alternative #2 [portions of Lot 6 of Tract 720] was the best the Developer can do and realizes a Master Plan is necessary through buildout to solve the problem; those gears have already been put in motion... Application for the 50 boat trailer parking spaces at the existing marina has been approved by a prior Board, approved by the County, is on a tentative map and is in final design stages.  The Developer is taking the committee’s recommendation for a second site and reviewing it to see if that proposal, to be built in the future, will function with what has been approved.  Purchase of the Point is a possibility, but the committee does not see any ability of the Point solving our problem because of the narrowness [of the Marina] and traffic flow... If the Board asked him to act on behalf of the Board in pursuing possible purchase of the Point, he would do so.”

At the January 25, 1991 HROA Board Meeting the following was reported: “Much discussion was held regarding the conditions the developer must meet (new well, boat trailer parking, launch ramp, relocation of campground, etc.) and the steps our Board should be taking to insure these conditions are met.  Gary [Brock] recommended we get together with his planner at the County, Terry Waller, and tell him what we want to accomplish.  Larry [Hart] will proceed with Mr. Waller.”

At the February 19, 1991 HROA Board Meeting the following was reported: “Larry [Hart] has also investigated whether or not this Board needed to adopt any procedures relative to the second launch ramp.  He found that the developer complied with the County requirement in the preparation of the study [Sedes Report] but there is no requirement that any of the study be adopted.  The only way the second launch ramp will become a reality is if we can develop some kind of contract with the developer to provide the second launch ramp. If Six Corp. was to agree to the building of the second launch ramp on the site selected as the most desirable [Alternative #2], a general plan amendment would be required.”

On April 8, 1991 Six Corporation filed for Chapter 11 bankruptcy.  By early 1993 Six Corporation formally collapsed, and Wayne Reeder ultimately was prosecuted and imprisoned in part for financing his Heritage Ranch holdings (including open space) on a $50,000,000 financing scheme to use that money to purchase two insurance companies, American Universal, Rhode Island and Diamond Benefits, Arizona.  (Back on December 15, 1987, the day after the Tentative Tract Map for 1503 had been approved at SLO County, a Deed of Trust was prepared and recorded on February 24, 1988 by Six Corporation without HROA’s knowledge or consent, which encumbered certain open space properties at Heritage Ranch in with that Deed of Trust and way overstated their value.  Fortunately, for HROA, Lot 4 and 5 of Tract 720 was excluded from that Deed of Trust.)

The remaining undeveloped land at Heritage Ranch was fought over in court between the two (then bankrupt) insurance companies, American Universal Life and Diamond Benefits Life.  That battle lasted in court for five years until September 1998.  (The Tract map for 1503 eventually was allowed to expire along with D870113D.)

HROA eventually made additional improvements to the marina area themselves:  In June 2000 the HRCSD loaned HROA money in regards to building a new 80-slip marina.  In August 2000 the Heritage Ranch Membership voted to remove numerous tent campground sites near the existing launch ramp to convert that area to additional marina parking.  In November 2000 the HROA Board of Directors voted to extend the existing launch ramp at a cost of approximately $80,000 adding two lanes.  This work was completed in the Spring of 2001, taking those two additional lanes down to approximately 760' elevation.

The remaining undeveloped land at Heritage Ranch eventually closed escrow to HR Holdings and then partially to King Ventures on April 2, 2002 in a double escrow.  (The Tract map for 1666, not included in the history above was eventually allowed to expire.  Tract 1910 and 1990 were eventually developed.)