February 27, 2007

 

 

Ms. Martha Neder

County of San Luis Obispo

Department of Planning and Building

County Government Center

San Luis Obispo, CA 93408

 

Dear Martha:  

 

I am writing this letter in follow-up to our telephone conversation regarding various issues, in preparation for Tract 1990 LLC’s request for a reconsideration to remove or modify various San Luis Obispo (SLO) County conditions associated with the completion of Tract 1990, and in preparation of future hearings.

 

The Heritage Ranch Owners Association’s (HROA) understanding is that Tract 1990 LLC will request the SLO County Planning Commission to specifically remove or modify conditions #8, 14, 15 and 16 of D870092D, the cluster division Development Plan, and conditions #10, 14, 15 and 16 of S890463T, the vesting tentative tract map for Tract 1990.   (The last review on conditions #14, 15 and 16 took place on September 9, 2004 under a request made by King Ventures acting on behalf of Tract 1990 LLC.)

 

The issues involved in these conditions can be broken out into two categories for simplification: 1) Trails, and 2) Marina Improvements.  Comments are provided under each category as follows:

 

Trails – (Proposed that Developer to complete, Condition #8/10)

 

In September 2004, the Association did not object to the trail design submitted to them for review for Tract 1990, because the developer was not specifically requesting we consider an alternative proposal and there appeared to be no ambiguity in what was proposed. 

 

SLO County Condition:

“PEDESTRIAN PATHS 8.  Submit a revised pedestrian trail plan indicating the location of a series of pedestrian trails throughout the Subdivision and common open space areas.  The pedestrian trail plan shall be submitted and approved and improvements completed prior to recordation of the final map.  (May be shown on a revised tentative map.)”

 

Throughout the last several years there have been numerous discussions regarding the subject of trails in general.  Those discussions took place at various specific meetings held with the developers, our Equestrian Committee representatives, our Planning Committee representatives, our Board representatives and the membership at large.  The overall consensus has been to not support an extensive maintained trail system outside the immediate housing developments or away from the main roadways for any subdivisions which may come along in the future.  It was the opinion of those that participated in those meetings that trails that wandered away from the populous were equestrian-type trails (such as those which already have been developed throughout the Ranch and were being maintained by our Trails Committee.)

 

The HROA Board of Directors formally adopted our Planning Committee’s recommendations regarding future designated trails on July 11, 2003.  That recommendation stated:

 

“6- Designated Trails

 

Background: An integrated “trail” system has been a component of development since 1970.  For various reasons, no formalized trail system exists to date.  In 1986 a specific trail system became a requirement of the General Plan Amendment for new development areas. [HROA has no copy of a Master Trail Plan on file]

 

Recommended Action: Management and maintenance issues including the encouragement of use by off-road vehicles of any trail system should be avoided.  Recommend the Planning Committee and/or Board request “all” trails that are developed to be along the main roadways, or if not developed, offered in credit toward other development that would benefit Heritage Ranch.”

 

Given the fact there does not appear to be a Master Trail Plan ever developed, the proposed trails for Tract 1990 submitted back in approximately 1988 do not seem to be well thought out in regards to topography and actual use, and the subsequent maintenance HROA would be responsible for, it seems appropriate to support a proposed substitution.   That proposed substitution will assumably involve: (1) A revised trail map showing one main trail, 6' wide, which intersects at its northern most point with Heritage Loop Road and travels in a southernly direction to intersect at its southern most point with HROA’s existing trail system at Tennessee Walker Trail.  (Tennessee Walker Trail leads toward the Equestrian Center and intersects with a variety of other trails.) (2) A road striping map showing the entire length of Heritage Loop Road to be striped with a double-yellow center line and a fog line on each side at 12' off the center line.  The paved area on each side of the fog line would then serve as a pedestrian and bicycle path on both sides of Nacimiento Loop Road.

 

Both of these changes have received the informal endorsement of at least a majority of the current HROA Board Members and as already stated, are consistent with past recommendations.  I will take your suggestion to the HROA Board of Directors regarding having HROA develop their own recommended Master Trail Plan for Heritage Ranch to help provide better input on this issue in the future.

 

Marina Improvements – (Proposed that HROA to complete, Conditions #14 and15.  Condition #16 completion unknown, reference 1989 Sedes Report prepared by David Foote/Sedes)

 

The intent of Tract 1990 LLC’s submittal as we understand it will be to substitute a cash payment made payable to HROA (which we would then agree to be held in an Amenities Fund Bank Account and not commingled with any other monies or accounts of the HROA), equivalent to the bond amount for the launch ramp and marina improvements identified to be required by SLO County for Tract 1990.   This should be endorsed by HROA as it does not detract from the overall objective of providing marina and parking lot improvements, funded by the developer, to satisfy the existing conditions associated with the approval of Tract 1990.

 

The conditions put on Tract 1990 (along with Tract 1910) were last reviewed back in approximately September 2004 along with the trail map conditions.  Input from HROA was requested as part of that review.  The HROA Board of Directors met and took the following position:

 

SLO County Condition:  Boat Trailer Parking – Tract 1910 (30 boat trailer parking spaces); Tract 1990 (50 boat trailer parking spaces)

 

“14.  Prior to recordation of a final map, an additional boat trailer parking area is to be constructed as close to the marina as possible on the site covered by D870113D or other appropriate site covered by a subsequent development plan.  This project (Tract 1531) shall provide boat trailer parking spaces for 20% of the 250 residential units equaling 50 boat trailer parking spaces to serve 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 Heritage Ranch Homeowners Association (HROA) to call the bond within six months of recordation should the developer fail to construct).   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 as determined in the study referenced below.  If located on the marina site and displacing existing camp sites, 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 provision of the Land Use Ordinance, planning area standards and will require development plan approval.”

 

“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 and 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 for recordation of the final map.”

 

HROA 2004 Review and Comments: Any parking spaces below the 800 foot high-water elevation line should not be counted.  Parking spaces requiring the displacement of existing campsites should include a plan submitted for their replacement.  Request that two parking spaces be removed for through traffic.  Request that oak trees be preserved where feasible, which would require the relocation of some of the parking spaces.  (Several mature oak trees are in the main parking areas.)

 

SLO County Condition:  Launch Ramp –

 

“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.”   

 

HROA 2004 Review and Comments:   On the proposed map provided by County Planning Staff, the existing Launch Ramp (six lanes) is shown to be approximately 262.5 feet in length at a minimum launch of approximately 760 feet elevation.  This does not appear to be accurate.  The actual launch ramp has two separate sections: the four oldest lanes are closer to 500 feet in length with a minimum launch of approximately 730 feet elevation.  (This has not been verified in a long time and needs to be confirmed when water recedes.)  The newer portion of two lanes is 300 feet in length with a minimum launch of approximately 760 feet elevation.

 

The proposal shows to add one additional lane of 15 feet wide and approximately 350 feet in length which would result in a minimum launch to approximately 750 feet elevation on that new lane.  There would be a total of seven launch lanes when complete.  No lengthening of the existing six lanes is included in the proposal.  HROA requests that a six foot pedestrian lane be a considered requirement in addition to the one additional lane.  That way all seven launch lanes can safely be utilized.

 

To satisfy the need to “extend the boat launching capability at times of low water levels” HROA suggests that at a minimum, four of the lanes be lengthened to a minimum launch of approximately 725 feet elevation.

 

As with all of those prior projects, SLO County made a determination and requested those conditions be bonded for with SLO County until completed.  HROA understands the bonding total to be in the $150,000 range. The above conditions and varying other conditions placed on Tract Maps and Development Plans during 1986-1990 is representative of the type of confusion that has gone on over the course of many years.   Issues related to marina development specifically have been discussed at nearly all the past hearings, yet never resulted in an official plan ever being developed and adopted.  The one Development Plan that was submitted requiring a build-out analysis of the marina area ended up expiring (D870113D).

 

Since the overall marina development at Heritage Ranch is one of the most important subjects affecting property values, in regards to membership use and enjoyment and is the quintessential nucleus of our community, it is important HROA acts responsibly in preparation for future hearings by taking it on their own initiative to assure a Master Marina(s) Plan is in place.   We both agreed that would facilitate all parties in regards to future subdivision conditions and ultimate build-out.

 

Much of the confusion and focus in the past seems to have been regarding the proposed need to develop a low-water launch ramp down to 715 feet elevation which was initiated and cultivated by the original developer, Gordon Heath.  The two marinas discussed below should be able to provide launching facilities to an acceptable elevation (to reach an average elevation of between 730-720 feet) depending on sediment changes which have occurred that are presently unknown.  I say this because historical data by month of the actual elevation of Nacimiento Lake obtained from Monterey County recently, was reviewed covering approximately a thirty-year period of time.  There have only been limited occasions when the elevation of Nacimiento Lake would have caused the (proposed build-out) launching facilities at Heritage Ranch as represented below to have gone dry.  Therefore, from a practical standpoint, any continued focus on the need for a low-water launch ramp (below 730-720 feet elevation which is proposed to be available at Heritage Ranch) should be mute.  It appears the true motivation of the last 35+ years on this subject has been to link Heritage Ranch with Nacimiento Lake Resort for a variety of reasons, many of which conflict with competing interests of HROA and their membership.

 

To help eliminate the potential for any confusion or controversy regarding past issues of unfulfilled conditions or other expectations, I have prepared the attached snapshot of historical series of events regarding what has apparently transpired regarding the location and specifications of the marina conditions through approximately 1993.  Hopefully, this history will provide some insight for all those involved, to help avoid any obstacles, yet unforeseen, in moving forward in the direction we are proposing.  

 

The settlement agreement (2006 Agreement) filed back in May 2006 between HROA, King Ventures, HR Holdings and Weyrich Development (which understandable excludes SLO County) is the pivotal document that allows all parties whom have a financial interest in Heritage Ranch property to finally successfully plan for its future build-out without further disputes over land ownership, agreements and intent.  A primary element of the 2006 Agreement was the establishment of two marinas to be owned and operated by HROA; the main marina which is on Lot 4 and 5 of Tract 720 which includes the present launch ramp, some parking and campsites; and the second marina, which has seen no development as of yet, and is located on a portion of Lot 6 of Tract 720.

 

In regards to development of a Master Marina Plan specifically, the 2006 Agreement provides for all of the following –

 

! A second marina consisting of boat and trailer parking for at least 100 spaces and two boat launch ramps

! An additional 100 vehicle/trailer parking spaces at the existing marina

! A day use parking overflow area and open boat/trailer storage immediately north of the existing marina

! A temporary R.V. storage facility north of the existing marina, pending relocation to Open Space on the Weyrich property

! Deeding of acreage near the Campground and on the “through road” (Heritage Road) to HROA for day-use parking (1.14 acres) and up to 200 boat storage and R.V. Storage spaces (approximately 3.5 acres)

! A privately owned 20 acre boat/trailer and R.V. storage nearby (approximately 7 acres), with upscale amenities and high security

! Free day use parking for at least 100 vehicle/trailer spaces (approximately 3 acres)

! The deeding to HROA land for a second marina area (including day use parking area of at least 100 vehicle/trailer spaces) 

! The deeding to HROA a minimum amount of land necessary to “double” the parking on the southern boundary of Heritage Park to a minimum of 60 vehicle spaces

 

It should be noted that improvements made linked to future subdivisions specifically does include the language in the 2006 Agreement that all “t[T]hose Common Area improvements and facilities that the County requires per Conditions of Approval shall be bonded for and constructed by the Developers”.   This is not meant to confuse the issues related to prior conditions for Tract 1990 (and Tract 1910) already bonded for and yet to be completed, in with the proposed improvements listed above, that HROA is not proposing they build themselves.

 

It should also be noted that the Sedes Report done by David Foote/Sedes back in 1989 assumably to attempt to satisfy Condition #15 of Tract 1910 (and Condition #16 of Tract 1990) and/or D870113D, identified three potential locations for additional launching lanes.  Alternative #2 was informally considered by HROA as the best location which is the same area where the second marina is proposed to ultimately be built which makes that report compatible with the 2006 Agreement in regards to the same, but not compatible with either U7200201:4 or U810602:05 and SLO County requiring a launch ramp to reach 715 feet elevation.  (Alternative #1 in the Sedes Report is the only potential site where an elevation of 715 feet can “reasonably” be reached, which is land owned by Monterey County (part of Nacimiento Lake Park), leased to Water World Resorts, and “temporarily” subleased to HROA.)

 

In preparation for developing a Master Marina Plan utilizing the two marina areas we have described above, HROA decided it would be most appropriate to again contact David Foote/Sedes-Firma since he has a long history of knowledge at Heritage Ranch and has numerous maps and other documents available to him regarding the marina(s) which would make it a relatively simple exercise to finally formally develop a plan for Heritage Ranch utilizing input provided from HROA members.  Mr. Foote is in the process of providing HROA an estimate for the services requested which will need to receive HROA Board approval.  That approval would also be a strong basis for HROA to then request to seek the determination by membership ballot vote, the memberships’ position on a number of issues related to campsites, additional boat slips, etc. that might need to be addressed internally on a global scale prior to any actual future hearings.  It would also benefit Heritage Ranch if we incorporate the existing bond money held for Tract 1990 (and Tract 1910) in with that future plan which is what Tract 1990 LLC is agreeing to propose by giving HROA the money directly.  That would give HROA the option to put the Tract 1990 money to “best use” to expand either marina launch ramp and parking areas as they see fit in tandem with future conditions placed on new subdivisions.

 

As far as implementation goes, the construction and development of launch ramp improvements will be almost exclusively dependent on water levels at Nacimiento Lake.  The suggestion of HROA would be that after all work is completed in finalizing a Master Marina Plan that is endorsed by HROA and the developers, that: 1) approval be obtained from both Monterey and SLO Counties regarding both launch ramp facilities at build-out; and 2) that future conditions include language to allow for the installation of improvements in whole or in part at both marinas dependent on access and funding.  Obviously, issues related to engineering and grading of the second launch ramp at build-out and improvements to the existing launch ramp at build-out should be specified initially at the front-end of this process.

 

Future parking lot improvement issues are not dependent on water levels, but would need to have established engineering and grading plans along with any conditions that might include such things as the need for a filtration system to channel parking lot water away from Nacimiento Lake planned for in advance of any significant work being performed.

 

In summary we ask for your consideration in regards to reviewing all of these issues.  I am copying this letter in part to King Ventures to request they consider filing a similar application for the thirty parking spaces yet to be installed which is bonded for Tract 1910.  If you have any questions or comments, please do not hesitate to contact me directly.

 

Sincerely,

 

Linda Richey

General Manager