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    Saving Naples, Protecting Property Rights

    Working With, Not Against, Landowners


    Thursday, November 1, 2007
    By Matt Osgood, owner and managing member of Santa Barbara Ranch.
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    There is much talk and debate about the transfer of development rights (TDR) for the Naples properties, and particularly Santa Barbara Ranch. In concept, this program is about transferring the value of development rights on rural lands to an urban area that is more “acceptable” for development. While this concept is compelling, its application may prove challenging.

    A TDR program has the potential to be a viable planning tool for the County of Santa Barbara — as the owner of the largest block of developable property on the Gaviota Coast, I should be considered an advocate. However, TDR is a planning tool with significant limitations in practice, and should be viewed as just one of many tools necessary to maintain the rural nature of the Gaviota Coast. Its limitations result from the enormity of coastal property values (‘sending’ sites) relative to the values within the urban area (‘receiving’ sites), and the lifestyle impacts to the urban area resulting from substantial increases in densities.

    In 2006, the county hired Solimar Research Group to evaluate the feasibility of transferring the development rights from Santa Barbara Ranch to South Coast urban areas. After significant analysis of property values, and further review by an independent appraiser, the valuation of the development rights at Santa Barbara Ranch was estimated at slightly more than $200 million. This valuation highlights the enormity of the issue. The upzoning of potential urban receiver sites could result in perhaps more than 1,000 additional housing units beyond existing urban zoning densities. As a result, Solimar concluded that a partial TDR may be possible, but a TDR for the entire value at Santa Barbara Ranch is not feasible.

    To reach this conclusion, last year the county appointed a working group to complement Solimar’s efforts and to seek common ground in the implementation of a TDR program. This group consisted of a diverse mix of stakeholders including the Naples Coalition, Environmental Defense Center, county supervisors and planning staff, Santa Barbara city councilmembers, and Santa Barbara Ranch. The first order of business was for us to agree on “core guiding principles” to guide the TDR work product. The working group agreed to a program that would adhere to free market principles, voluntary participation, and the satisfaction of land use policy.

    Now, fast-forward to the completion and issuance of the TDR report. The daunting nature of the task of raising $200 million and upzoning identified urban parcels has become so apparent that the report’s findings are no longer complementary to the goals of the participating activist groups. So, true to form, the Naples Coalition and other activists are now attempting to redefine previous agreements made through the working group (it depends on what the definition of “is” is), and to change the rules of the game. Specifically, they now are calling for “forced participation” and multi-year “hold” periods on landowners to provide time to raise the capital needed for TDR to succeed. Frankly, these concepts are flirting with “takings laws,” and will not be accepted by Santa Barbara Ranch nor, I suspect, by any other property owner.

    It is painfully apparent why TDR has been talked about for decades, but never been actualized: It’s difficult to make it work in a free market economy.

    To put Santa Barbara Ranch in proper context, our landholdings consist of 485 acres, composed of 219 legal lots per the county’s official map. Any of the 219 legal lots may be sold, leased, or financed at any time. Our proposal consolidates the lot count from 219 to 54, thereby extinguishing 75% of the existing lots. We have formed an alliance with neighboring Rancho Dos Pueblos that merges more coastal lots and donates a permanent 3,000-acre conservation easement. This would be the largest private easement dedication on the Gaviota Coast.

    Let us use the Naples issue to set a quality standard for how best to manage other development and preservation interests along the entire coastline. There are surely more effective and less complicated ways to maintain the rural character of the Gaviota Coast than an unrealistic TDR program.

    California’s population will continue to grow, and the pressure to subdivide open space will continue to increase. There are many family-owned properties along the coast, and as generations pass, the challenges to keeping family holdings intact grow. Estate planning, ever-changing agricultural economics, and spiraling property values each present threats to keeping families on their land and able to prosper. Now, more than at any time in recent memory, we have a window of opportunity to work with these families, seeking solutions together. Let’s seize this moment now, while landowners are tentatively listening and estate plans aren’t set in concrete.

    The activist community should reach out in good faith to Gaviota Coast property owners and recognize their existing development rights, and in return call for a cap on their existing zoning densities. This would protect the coastline’s rural character and precious habitat in perpetuity. Talking to landowners is better than fighting with them. The alternative is to be reliant on unrealistic ambition, flawed programs like TDR, and more conflict

    Comments

    Discussion Guidelines

    While Osgood may be a bit hyperbolic here, the basic point still holds that the price of TDRs here is close to $200 million.

    What other types and locations of coastal open space lands could be preserved and enhanced with that much money?

    The Naples site is so valuable because of the California Supreme Court ruling a few years ago that the lots there were still legal lots, thereby securing hugely valuable entitlements and property rights.

    That Supreme Court battle ended the war but some of the fighters do not realize that. The enviros are going to foment much opposition if they keep trying to argue that $200 million, or even half that amount, is best spent at that site when so many other Gaviota Coast sites or others in the region have no money to preserve them even at bargain prices where the property rights are less and the land value sold off at much, much lower prices for the amount of public benefit gained for sensitive habitat, coastal views, open space parkland, etc.

    Examples:
    San Marcos Foothills
    More Mesa
    Taylor Ranch (just above Ventura)
    Bishop Ranch
    and many others

    FirstDistrictStreetfighter (anonymous profile)
    November 1, 2007 at 10:10 a.m. (Suggest removal)

    Poor, poor Mr. Matt. He sat at the table with the Naples Coalition and they promptly peed on his leg, or so he claims. Mr. Matt (from Orange County no less) wants to use his 40 million dollar investment +/- in Naples lots to make a cool 200 million +/- profit. Nice work if one can pull it off. He wants TDR or some other source of money to buy him out at what he thinks he can get for his 54/72 mansions. The truth is he has no mansions, he has no permits, and his chances of getting his 200 million dollars profit is slim to non. He should take his 40 million plus a bit of profit and get the hell out of Dodge. Nothing is worse that a whining developer.

    gaviotamilitia (anonymous profile)
    November 2, 2007 at 5:11 p.m. (Suggest removal)

    Hey Matt,

    Maybe it's time to admit you made a bad real estate investment. Timing is everything and you missed your chance. Better to just take a write down (I hear it's all the rage in the real estate finance community).

    McMansions are passe and the speculators are broke. Maybe you can sucker in some nouveux riche chinese guy or euro rich Frenchman to take it off your hands. Tell em they can build a new resort there called The Boomorbusterra.

    Kinda of a sister resort to the always just about to be approved Miramarvelous.

    Maybe you can grow switch grass and contribute to alternative energy, it is ag land isn't it? Like for the last 3000 years?

    sa1 (anonymous profile)
    November 8, 2007 at 12:49 a.m. (Suggest removal)

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