Agenda Item No: K.5
AGENDA REPORT
DATE: March 18, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025 -43 PW Serpas Ranch Development Open Space Grant of Deed Restrictions
Authorizing the City Manager to Execute the Grant of Deed Restrictions on Open Space Parcels Granted to the City by the Serpas Ranch Development
Funding Source: N/A
Contact: Alvin Lei, (707) 428-7476
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The Serpas Ranch residential development requires that a deed restriction be placed on parcels of land , dedicated to the City , for open space, monitoring and maintenance, and open space restoration per the report entitled “Serpas Ranch, Section 404, Mitiga tion Plan,” dated 11/30/1998. The developer is now ready for the City to accept the deed restriction. The recommended action authorizes the city manager to execute the Grant of Deed Restrictions.
DISCUSSION
The Serpas Ranch Project, previously known as Rancho Solano Oaks Project or Rancho Solano III, was a residential development entitled by Fairfield in the early 2000s. Environmental permits were issued by US Army Corps of Engineers (USACE), CA Regional Water Quality Control Board (RWQCB), and CA Department of Fish and Wildlife (CDFW, formerly CDFG) authorizing the project proponent. Duc Housing was the original developer and later legally transferred ownership to Standard Pacific Homes (Stan Pac) to fill an ephemeral channel associated with the development.
During the entitlement process, Zentner and Zentner (Zentner) was the biological consultant who secured the permits from USACE, RWQCB, and CDFW on behalf of Duc Housing. As part of the permitting process, Zentner prepared the Rancho Solano Oaks Wetland (Section 404) Revised
Mitigation Plan (Sept 16 - 2003 Mitigation Plan). The 2003 Mitigation Plan was approved by the agencies and implemented by Stan Pac. Mitigation work was completed in 2009, and the 10-year monitoring period began.
Those permits subsequently required Stan Pac to dedicate parcels of land (current Assessor’s Parcel Numbers: 0156-360-070, 0156-360-090, and 0156-360-110) as open space, restoration in that open space, and monitoring and maintenance after the 10 -year monitoring period. USACE and CDFW signed off on the mitigation work in 2009. However, RWQCB did not sign off on project completion because they required dedication of an easement over the mitigation area. Stan Pac previously transferred ownership of the mitigation area to the City and assumed that this transfer was sufficient for permit condition purposes. However, RWQCB staff did not accept the transfer as satisfying permit conditions. Subsequently, Stan Pac transferred ownership to Citation Homes.
In 2014, Citation Homes worked with RWQCB, which suggested a deed restriction as an alternative to an easemen t. Citation Homes then worked with the City of Fairfield and RWQCB staff to draft an acceptable deed restriction. Mitigation monitoring was completed in approximately 2019, which began the acceptance period with all the authorizing agencies.
Citation Home s are in the process of transferring ownership to Lennar Homes and desire to finalize discussions and satisfy RWQCB requirements. RWQCB staff are prepared to conclude the project and require the City’s acknowledgment of completion to release this mitigation from their oversight. This deed restriction represents the City’s acknowledgment of completion.
FINANCIAL IMPACT
There is no additional cost to the City in accepting the deed restriction. The City is already the owner responsible for these parcels and has been complying with maintenance and monitoring requirements.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to execute the Grant of Deed Restrictions, though staff does not recommend this due to possible penalties or additional regulatory actions unto the City by resource agencies (RWQCB, USACE).
COORDINATED WITH
City Attorney’s Office
STAFF CONTACT
Alvin Lei, Senior Civil Engineer
(707) 428-7476
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Grant of Deed Restrictions
Attachment 4: Vicinity Map