CITY COUNCIL: RESOLUTION ADOPTING MITIGATION MONITORING & REPORTING PROGRAM, SALE CONDITIONS, COVENANTS & RESTRICTIONS AND LEASE CONDITIONS

CITY OF CARMEL-BY-THE-SEA
RESOLUTION NO. 2009-__
A RESOLUTION ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, CONDITIONS OF SALE, A DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS TO BE RECORDED AGAINST THE PROPERTY, AND CONDITIONS OF LEASE

WHEREAS, the City proposed as a project the sale of the Flanders Mansion parcel (APN
010-061-005), consisting of an approximately 1.252-acre parcel improved with a single-family
residence (hereinafter referred to as “the Property”);
WHEREAS, the City Council has, by companion action this day, passed A Resolution
Certifying the Recirculated Final Environmental Impact Report for the Sale of the Flanders
Mansion Property;
WHEREAS, the April 2009 Recirculated Final Environmental Impact Report [“RFEIR”],
and the January 2009 Recirculated Draft Environmental Impact Report [“RDEIR”] which the
RFEIR incorporates [collectively, “RFEIR”], concludes that fourteen potentially-significant
impacts may occur from the sale of the Flanders Mansion property, and recommends Mitigation
Measures to reduce such impacts to a less-than-significant level where possible;
WHEREAS, the RFEIR identifies certain alternatives to the proposed project, including
No Project, Lease of the Property for either single-family or public/quasi-public use, and Sale of
the Property with Conservation Easements and Mitigations;
WHEREAS, the RFEIR identifies that Lease of the Property for either single-family or
public/quasi-public use is the environmentally-superior alternative which most lessens the
environmental impacts of the project, and that, if leasing the property is found to be infeasible for
specific economic, social or other considerations, then Sale of the Property with Conservation
Easements and Mitigation is environmentally superior to the proposed project;
WHEREAS, the RFEIR contains conclusions concerning the extent to which each project
alternative achieves the primary and secondary project objectives;
WHEREAS, the City Council engaged experts in architecture and historical properties to
assess the items needed to restore and rehabilitate the historic property and estimate the costs
thereof, and engaged experts in economics and property and market valuation to assess the
economic feasibility of selling or leasing the Property for either single-family residential use or
for public or quasi-public use, and provide a report on their conclusions;
WHEREAS, the economic feasibility study concludes that lease of the property for
single-family residence and for public or quasi-public use and sale of the property for public or
quasi-public use are economically infeasible options, for the reasons set forth in the study report
dated February 23, 2009, and all attachments thereto;
City Council RESOLUTION NO. 2009-___
CITY OF CARMEL-BY-THE-SEA Adopting Mitigation Monitoring and Reporting Program, Conditions
of Sale, Declaration of Covenants, Conditions and Restrictions
to be Recorded, and Conditions of Lease Page 1 of 3
119
WHEREAS, the City Council has, based on the RFEIR and by companion action passed
this day, A Resolution Certifying the Recirculated Final Environmental Impact Report for the
Sale of the Flanders Mansion Property, determined that the Sale with Conservation Easements
and Mitigation alternative, with the Mitigation Measures identified in the RFEIR, substantially
lessens the environmental impacts of the project while still achieving the primary project
objective; and
WHEREAS, the City Council has, by companion action this day, passed A Resolution
Adopting a Statement of Overriding Considerations, determining that the benefits of a Sale with
Conservation Easements and Mitigations specifically identified therein outweigh the impacts
found to be substantial and unavoidable by the RFEIR and, therefore, those environmental risks
are acceptable.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF CARMEL-BY-THESEA
DOES:
1. Adopt the Mitigation Monitoring and Reporting Program set forth below in
Attachment A.
2. Require preparation of Conditions of Sale which shall include the provisions set
forth below in Attachment B, to incorporate and impose the requirements of the Mitigation
Monitoring and Reporting Program upon any purchaser of the property from the City.
3. Require preparation of covenants, conditions and restrictions which shall include
the provisions set forth below in Attachment C and shall be recorded against the Flanders
Mansion parcel AP # 010-061-005 to run with the land, to incorporate and impose the
requirements of the Mitigation Monitoring and Reporting Program on all future owners of the
property.
4. Require preparation of Conditions of Lease which shall include the provisions set
forth below in Attachment D, to incorporate and impose the requirements of the Mitigation
Monitoring and Reporting Program upon any purchaser of the property from the City.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA
this 28th day of April 2009, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
City Council RESOLUTION NO. 2009-___
CITY OF CARMEL-BY-THE-SEA Adopting Mitigation Monitoring and Reporting Program, Conditions
of Sale, Declaration of Covenants, Conditions and Restrictions
to be Recorded, and Conditions of Lease Page 2 of 3
120
____________________________________
Sue McCloud, Mayor
ATTEST:
____________________________________
Heidi Burch, City Clerk
City Council RESOLUTION NO. 2009-___
CITY OF CARMEL-BY-THE-SEA Adopting Mitigation Monitoring and Reporting Program, Conditions
of Sale, Declaration of Covenants, Conditions and Restrictions
to be Recorded, and Conditions of Lease Page 3 of 3
121
CITY OF CARMEL-BY-THE-SEA
RESOLUTION NO. 2009-__
A RESOLUTION ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM, CONDITIONS OF SALE, A DECLARATION OF CONDITIONS,
COVENANTS AND RESTRICTIONS TO BE RECORDED AGAINST THE PROPERTY,
AND CONDITIONS OF LEASE
Attachment A
MITIGATION MONITORING AND REPORTING PROGRAM
122
Mitigation Monitoring Program
Sale of the Flanders Mansion Project
Section 21081.6 of the Public Resources Code requires all state and local agencies to establish monitoring or reporting programs whenever approval of a project relies upon an Environmental
Impact Report (EIR). (See also Title 14, Cal. Code of Regs., § 15091, subd. (d), which also requires adoption of a program for reporting on or monitoring the changes or alternations made to
the approved project in order to avoid or substantially lessen the significant environmental effects of the approved project.) The purpose of the monitoring or reporting program is to ensure
implementation of the measures being imposed to mitigate or avoid the significant adverse environmental impacts identified in the EIR.
Mitigation Monitoring Program: City of Carmel-by-the-Sea -- Sale of Flanders Mansion Project
Mitigation
Measure
Number
Mitigation Measure
Compliance or
Monitoring Actions
to be performed.
Where applicable, a
certified professional is
required for action to be
approved.
Implementation
Responsibility
Verification
Responsibility
Timing
4.1 Aesthetics
4.1-1 In order to minimize potential impacts to the two (2) public viewing areas located adjacent to
the Flanders Property, the City of Carmel-by-the-Sea, prior to the sale of the Flanders Property,
shall provide additional trail access to these viewing locations from either the Doolittle or Mesa
Trails. Appropriate trail signage and public amenities shall also be provided (e.g. benches,
picnic tables, or similar), subject to the review and approval of the Forest and Beach
Commission.
Prepare and record scenic
deed restrictions,
easements and/or
Covenants, Conditions
and Restrictions
Construct new trail and
provide other signage
and/or amenities
City of Carmelby-
the-Sea
City Attorney
Public Works
and/or Building
Official
City of
Carmel-bythe-
Sea
Review and
approval by
the Forest and
Beach
Commission
Prior to the sale
or lease of the
Flanders
Mansion
4.1-2 In order to ensure the long-term preservation of existing scenic vistas within the Mission Trail
Nature Preserve and adjacent to the Flanders Mansion parcel, the City of Carmel-by-the-Sea
shall permanently preserve these locations through scenic deed restrictions or easement, prior
to the sale of the Flanders Mansion. The area of the scenic easement shall include the adjacent
meadow area located south/southwesterly from the Flanders property as well as the two (2)
viewing areas identified in Figure 4.1-5.
Prepare and record scenic
deed restrictions,
easements and/or
Covenants, Conditions
and Restrictions
City of Carmelby-
the-Sea
City Attorney
City of
Carmel-bythe-
Sea
Prior to the sale
or lease of the
Flanders
Mansion
4.1-3 In order to minimize potential indirect impacts to the two (2) public viewing areas located
adjacent to the Flanders Property, future exterior changes shall preserve the existing tree line
surrounding the Flanders property. Prior to any tree removal and/or the issuance of any building
permit associated with future use of the Mansion, the owner shall submit detailed plans,
including elevations, site plans, tree removal plans, and similar documentation, to the City of
Carmel-by-the-Sea for review and approval. All tree removals shall be in accordance with the
City’s existing tree removal ordinance and standards. Any exterior architectural changes shall
also be in conformance with Mitigation Measures 4.3-1. This mitigation measure shall be
incorporated as a future condition of sale or lease agreement and shall run with the land.
Submit plans
Review and approve
plans, and tree
trimming/removal
permits
Owner or Lessee
as Applicant
City of
Carmel-bythe-
Sea
City Forester
and Forest and
Beach
Commission
Prior to any
tree removal
&/or issuance
of any building
permit
Page 2 of 12
123
Mitigation Monitoring Program: City of Carmel-by-the-Sea -- Sale of Flanders Mansion Project
Mitigation
Measure
Number
Mitigation Measure
Compliance or
Monitoring Actions
to be performed.
Where applicable, a
certified professional is
required for action to be
approved.
Implementation
Responsibility
Verification
Responsibility
Timing
4.1-4 In order to minimize potential indirect impacts associated with future use of the Flanders
property, no new walls, fences, gates, or hedges shall be constructed, erected, or established
without the prior approval of the City of Carmel-by-the-Sea. All exterior changes shall be
subject to the Design Review process described in Chapter 17.58 (Design Review) and Chapter
17.32 (Historic Preservation) of the City’s Municipal Code. The primary purpose of such
exterior elements shall be to delineate the property boundaries and not create a visual barrier
between the site and surrounding parklands. Prior to the approval of any such exterior element,
the property owner shall submit detailed drawings of proposed exterior elements to the City of
Carmel-by-the-Sea. This measure shall be incorporated as a condition of sale or lease
agreement; this measure shall also be recorded to run with the land and be binding upon
successor owners. Any such exterior element shall comply with the following guidelines:
• Solid masonry walls or fences that substantially block existing views of the Flanders
Mansion from adjacent trails and driveway shall be discouraged. Solid masonry walls
shall be prohibited along portions of the property that abut the Lester Rowntree
Arboretum;
• All fences/walls shall be of natural earth tones and shall not block views of the
Mansion from the driveway;
• Fencing shall be discouraged along the boundaries of the site above the circular portion
of the driveway to the extent feasible (see Figure 4.1-6);
• If a gate is installed along the driveway it shall be placed in the approximate location
identified in Figure 4.1-6;
• Landscape screening shall be encouraged along portions of the driveway that abut
existing trails. Landscape treatments and screening shall be required for portions of the
site abutting the Lester Rowntree Arboretum (see Figure 4.1-6);
• Exterior elements shall avoid the removal of existing mature vegetation (i.e. trees),
where feasible. In the event tree removal is required, it shall be done in accordance
with Mitigation Measure 4.1-3;
• Exterior elements shall protect and preserve public views of the site, building and
across the property;
• Exterior elements shall be subordinate in design character to the historic context of the
site.
Prepare and record scenic
deed restrictions,
easements and/or
Covenants, Conditions
and Restrictions
Submit drawings
Design Review Permits
Monitor and inspect
implementation
City Attorney
Owner or Lessee
as Applicant
Planning
Commission,
Historic
Resources
Board, and/or
Forest and Beach
Commission
Owner or Lessee
as Applicant
and/or
Planning
Commission,
Historic
Resources
Board, and/or
Forest and Beach
Commission
City of
Carmel-bythe-
Sea
Prior to the
approval of any
exterior
changes
Page 3 of 12
124
Mitigation Monitoring Program: City of Carmel-by-the-Sea -- Sale of Flanders Mansion Project
Mitigation
Measure
Number
Mitigation Measure
Compliance or
Monitoring Actions
to be performed.
Where applicable, a
certified professional is
required for action to be
approved.
Implementation
Responsibility
Verification
Responsibility
Timing
4.1-5 In order to minimize potential excess glare and lighting, no new exterior lighting associated with
the future use of the Flanders Mansion and property shall be permitted until the future owner
submits a detailed lighting plan to the City of Carmel-by-the-Sea for review and approval. The
lighting plan shall, at a minimum, comply with the exterior lighting standards for the R-1 District
and the following standards:
• Fixtures shall be properly directed, recessed, and/or shielded (e.g., downward and away
from adjoining properties) to reduce light bleed and glare onto adjacent properties or
public rights-of-way, by:
• Ensuring that the light source (e.g., bulb, etc.) is not visible from off the site
to the maximum extent feasible; and
• Confining glare and reflections within the boundaries of the subject site to the
maximum extent feasible.
• No lighting on private property shall produce an illumination level greater than one
footcandle on any property within a residential zone except on the site of the light
source.
• No permanently installed lighting shall blink, flash, or be of unusually high intensity
or brightness.
Submit lighting plan
Review and approve
lighting plan
Owner or Lessee
as Applicant
City of Carmelby-
the-Sea
City of
Carmel-bythe-
Sea
Prior to the
approval of any
new exterior
lighting
4.2 Biological Resources
4.2-1 In order to ensure that impacts to special-status plant species are less-than-significant, springtime
floristic surveys of the project site shall be conducted to determine the presence/absence
of those plant species identified in Appendix A (Biological Assessment of the Flanders Mansion
Property prepared by Denise Duffy & Associates, October 27, 2008) as having either an
“unlikely” or “medium” likelihood of occurrence. Multiple surveys would likely be required to
identify early and late blooming plant species, the blooming periods of each plant species is
listed in the plant species list of Appendix A of the 2008 Biological Assessment. All surveys
should be completed prior to issuance of building permits. In the event that any special-status
plant species is identified within project boundaries, these individuals/populations will require
special planning consideration under CEQA, with avoidance being the preferable option to
mitigation. If it is determined that impacts to these individuals/populations are unavoidable,
further mitigation may be required (as determined by the lead agency).
Conduct survey and
implement
recommendations
Owner or Lessee
as Applicant
using
Qualified
Botanist
and
City Forester
City of
Carmel-bythe-
Sea
Prior to the
issuance of any
building permit
Page 4 of 12
125
Mitigation Monitoring Program: City of Carmel-by-the-Sea -- Sale of Flanders Mansion Project
Mitigation
Measure
Number
Mitigation Measure
Compliance or
Monitoring Actions
to be performed.
Where applicable, a
certified professional is
required for action to be
approved.
Implementation
Responsibility
Verification
Responsibility
Timing
4.2-2 In order to ensure that the ESHA are not impacted as a result of the proposed project, following
any proposed construction and/or demolition, disturbed areas in proximity to ESHA shall be:
• revegetated using appropriate native species and erosion control grass seed; in
consultation with a qualified botanist (this type of mitigation may be included within
the conditions of a Coastal Development Permit).
• provided protective fencing, placed to keep construction vehicles and personnel from
impacting any vegetation adjacent to the project site (i.e. Lester Rowntree Arboretum
to the east, mesic-meadow to the south). Any trees or vegetation within the API not
required for removal shall be provided appropriate protection from impacts of
construction activity. This includes fencing off shrubby vegetation and protective
wood barriers for trees.
• provided erosion-control measures, implemented to assure that disturbed areas do not
erode (potentially impacting off-site resources). These erosion control measures shall
be presented as a component of a larger Mitigation Monitoring and Restoration Plan,
specific to the project to be implemented. The plan shall specify that no land clearing
or grading shall occur on the project site between October 15 and April 15 unless
protection to resources is demonstrated, subject to the approval of the Community
Planning & Building Department. Any areas near construction that are identified as
ESHA shall be provided protection from construction impacts through approved
erosion-control measures; protection shall be demonstrated prior to issuance of building
permits, subject to the review and approval of the Community Planning & Building
Department.
Any areas near construction that are identified as ESHA, including trees which are located close
to any construction site(s) shall be protected from inadvertent damage from construction
equipment by protective flagging to avoid the site. In particular, for trees, requirements shall
include wrapping trunks with protective materials, avoiding fill of any type against the base of
the trunks and avoiding an increase in soil depth at the feeding zone or drip line of the retained
trees. Said protection shall be demonstrated prior to issuance of building permits subject to the
approval of the Community Planning & Building Department.
Submit plans for
revegetation, erosion
control, timing and ESHA
protection
Review and approve
plans for revegetation,
erosion control, timing
and ESHA protection
Inspect site for
construction fencing
Inspect fencing and/or
barriers
Owner or Lessee
as Applicant
using
Contractor
City Forester,
Principal
Planner, and/or
Building Official
City of
Carmel-bythe-
Sea
Prior to the
issuance of any
building permit
and following
construction,
demolition
activities and/or
vegetation
removal along
ESHA interface
Page 5 of 12
126
Mitigation Monitoring Program: City of Carmel-by-the-Sea -- Sale of Flanders Mansion Project
Mitigation
Measure
Number
Mitigation Measure
Compliance or
Monitoring Actions
to be performed.
Where applicable, a
certified professional is
required for action to be
approved.
Implementation
Responsibility
Verification
Responsibility
Timing
4.2-3 Monarch butterfly: In order to avoid potential impacts to Monarch butterfly, vegetation removal
in the vicinity of the Lester Rowntree Arboretum (eastern portion of the site) shall be limited.
No vegetation shall be removed during the overwintering period (October-February) until a
lepidopterist or qualified biologist determine the presence/absence of an overwintering
population of Monarch butterflies at the place of occurrence reported to the CNDDB.
Conduct survey and
implement
recommendations
Owner or Lessee
as Applicant
using
Qualified
Biologist
City of
Carmel-bythe-
Sea
Prior to any
vegetation
removal during
the
overwintering
period
(October-
February)
4.2-4 Monterey dusky-footed woodrat: Prior to the initiation of any construction-related activities,
pre-construction woodrat surveys shall be conducted. The survey shall be conducted no more
than 30-days prior to construction. If woodrat nests are documented as being present within the
construction area, the appropriate authority (i.e. CDFG) shall be contacted. No activities on the
project site shall impact the stick-nest observed behind the Flanders Mansion Property within
an ESHA, unless prior authorization is obtained from the appropriate authority (i.e. CDFG). If
permitted, the removal of the known woodrat nest shall be conducted according to the steps
outlined in the attached Biological Assessment.
Conduct survey and
implement
recommendations
Owner or Lessee
as Applicant
using
Qualified
Biologist
City of
Carmel-bythe-
Sea
and
City Forester
Prior to
initiation of any
constructionrelated
activities
4.2-5 Nesting raptors (and other avian species): Pre-construction surveys shall be conducted for
nesting avian species (including raptors), if any construction (or demolition) is to be initiated
after mid-March (March 15 to August 1). If nesting raptors (or any other nesting birds) are
identified during pre-construction surveys, the appropriate steps shall be taken as outlined in the
attached Biological Assessment. If project activities cannot avoid the nesting season (generally
March 1 – August 31), the applicant shall retain a qualified biologist to conduct focused preconstruction
surveys for nesting birds within 30 days of the commencement of construction
activities to avoid impacts to any nesting birds present. The pre-construction surveys shall be
conducted in all areas that may provide suitable nesting habitat within 300 feet of the
construction area. If active nests are found, the biologist shall establish a suitable construction
buffer until the young have fledged. For construction activities that occur outside of the nesting
season (generally September 1 through February 28), pre-construction surveys are not required.
Conduct survey and
implement
recommendations
Owner or Lessee
as Applicant
using
Qualified
Biologist
City of
Carmel-bythe-
Sea
and
City Forester
Prior to
initiation of any
construction
activities if
construction is
to occur
between March
15 to August 1
Page 6 of 12
127
Mitigation Monitoring Program: City of Carmel-by-the-Sea -- Sale of Flanders Mansion Project
Mitigation
Measure
Number
Mitigation Measure
Compliance or
Monitoring Actions
to be performed.
Where applicable, a
certified professional is
required for action to be
approved.
Implementation
Responsibility
Verification
Responsibility
Timing
4.2-6 Bats: In the event that tree limbing and/or removal is authorized for any future project (after sale
of the property), bat surveys shall be conducted by a qualified biologist to assess the potential
for the actual impact area to support the bat species discussed in the Biological Assessment. If
it is determined that potential bat habitat may be negatively impacted, steps shall be taken as
outlined in the Biological Survey. This should be done prior to any tree removal on the project
site.
Conduct survey and
implement
recommendations
Owner or Lessee
as Applicant
using
Qualified
Biologist
City of
Carmel-bythe-
Sea
and
City Forester
If tree limbing
&/or removal is
necessary
Page 7 of 12
128
Mitigation Monitoring Program: City of Carmel-by-the-Sea -- Sale of Flanders Mansion Project
Mitigation
Measure
Number
Mitigation Measure
Compliance or
Monitoring Actions
to be performed.
Where applicable, a
certified professional is
required for action to be
approved.
Implementation
Responsibility
Verification
Responsibility
Timing
4.3 Cultural Resources
Page 8 of 12
129
Mitigation Monitoring Program: City of Carmel-by-the-Sea -- Sale of Flanders Mansion Project
Mitigation
Measure
Number
Mitigation Measure
Compliance or
Monitoring Actions
to be performed.
Where applicable, a
certified professional is
required for action to be
approved.
Implementation
Responsibility
Verification
Responsibility
Timing
4.3-1 The terms of any sale shall be subject to Conditions of Sale requiring recordation of a deed
restriction, which shall run with the land and be binding upon successive owners, requiring the
adherence to a comprehensive Preservation Plan for the Flanders Mansion consistent with the
Secretary’s Standards and the Carmel-by-the-Sea Municipal Code historic preservation
provisions. In general, the Preservation Plan shall identify changes to the property that could
reasonably be expected to occur and make recommendations so that the changes would not
disrupt the historic integrity of the resource. The Preservation Plan shall be prepared by a
qualified professional and would provide practical guidance to the new owners of the Flanders
Mansion. Said Preservation Plan shall include: 1) a history of the Flanders Mansion; 2) an
assessment of the current condition of the property (building and grounds) and detailed
descriptions of the character-defining features; and 3) recommendations following the
Secretary’s Standards for the appropriate treatment of these features. Specific standards and
requirements of the plan follow:
A qualified specialist who meets the Secretary of the Interior’s Professional Qualification
Standards should prepare the preservation plan that shall, at a minimum, include the following
information:
• A detailed history of the Flanders Mansion;
• A discussion of its historical significance (i.e. why the building is listed in the National
Register);
• A comprehensive list of the features of the building that contribute to its historical
significance;
• A detailed description of the current condition of the building and its integrity relative
to the National Register criteria;
• A discussion of the Secretary of the Interior's Standards for the Treatment of Historic
Properties;
• Specific standards and recommendations for the care and treatment of the Flanders
Mansion. These standards in this section of the plan shall be based on the identified
character-defining features and include relevant standards outlined by the Secretary of
the Interior, and the Secretary’s guidelines in applying these standards.
It should be noted, that for this project, additional mitigation measures have been incorporated
into the project which require that specific lease terms be implemented or that Conditions of Sale
be recorded with the property that run with the land and mandate that the structure be maintained
in a historic fashion per required standards.
Prepare Conditions of
Sale and Conditions of
Lease
Prepare and record and/or
Covenants, Conditions
and Restrictions
Prepare and submit to
City Preservation Plan
Review and approve
Preservation Plan.
Implement Preservation
Plan
Monitor and inspect
construction activity
City Attorney
Owner or Lessee
as Applicant
using
Qualified
Professional
Approval by
Historic
Resources Board
Owner or Lessee
as Applicant
using
Qualified
Professional
Qualified
Professional
City of
Carmel-bythe-
Sea
and
Historic
Resources
Board
Prior to the sale
or lease of the
Flanders
Mansion
Within 12
months of the
close of escrow
Complete
rehabilitation
within 48
months after
City approval.
Through life of
Building Permit
Page 9 of 12
130
Mitigation Monitoring Program: City of Carmel-by-the-Sea -- Sale of Flanders Mansion Project
Mitigation
Measure
Number
Mitigation Measure
Compliance or
Monitoring Actions
to be performed.
Where applicable, a
certified professional is
required for action to be
approved.
Implementation
Responsibility
Verification
Responsibility
Timing
4.3-2 Prior to the sale of the Flanders Mansion, the City of Carmel-by-the-Sea shall document the
Flanders Mansion so that a record of the property as it exists today is preserved. To accomplish
this, the City shall hire a qualified cultural resources specialist to document the Flanders
Mansion (house and grounds) with a historical narrative and large format photographs in a
manner consistent with the Historic American Buildings Survey (HABS). Copies of the narrative
and photographs shall be distributed to appropriate local repositories (libraries, planning
department) and concerned groups (historical societies, preservation groups). The preparation
of the HABS documentation shall follow standard National Park Service procedures. There
would be three main tasks: gather data; prepare photographic documentation; and prepare written
historic and descriptive reports. The photographic documentation shall consist of large-format
photography conforming to HABS standards. Photographic documentation shall include 4-by-5-
inch negatives in labeled sleeves, 8-by-10-inch prints mounted on labeled photo cards, and an
index to the photographs. In addition, the documentation shall include photographic reproduction
of any building blueprints, if available.
Documentation, survey
and written historic and
descriptive reports
File copy Documentation,
survey and written
historic and descriptive
reports with City of
Carmel-by-the-Sea
and
Provide copies of
narrative to local
repositories
Owner or Lessee
as Applicant
using
Qualified
Cultural
Resource
Specialist
City of
Carmel-bythe-
Sea
Prior to the
close of escrow
for the sale of
the Flanders
Mansion
4.3-3 If buried cultural resources, such as chipped or ground stone, historic debris, building
foundations, or human bone, are inadvertently discovered during ground-disturbing activities,
the following steps must be followed: stop work in that area and within 50 meters of the find;
notify the City of Carmel Building Official; and retain a qualified archaeologist to assess the
significance of the find and, if necessary, to develop appropriate treatment measures in
consultation with the State Historic Preservation Office.
Stop work.
Evaluate find.
Owner or Lessee
as Applicant
using
Qualified
Archaeologist
City of
Carmel-bythe-
Sea
Ongoing
Page 10 of 12
131
Mitigation Monitoring Program: City of Carmel-by-the-Sea -- Sale of Flanders Mansion Project
Mitigation
Measure
Number
Mitigation Measure
Compliance or
Monitoring Actions
to be performed.
Where applicable, a
certified professional is
required for action to be
approved.
Implementation
Responsibility
Verification
Responsibility
Timing
4.3-4 If human remains of Native American origin are discovered during ground-disturbing activities,
it is necessary to comply with state laws relating to the disposition of Native American burials,
which falls within the jurisdiction of NAHC (Pub. Res. Code §5097). If human remains of any
origin are discovered or recognized in any location other than a burial site, there will be no
further excavation or disturbance of the site or any nearby area reasonably suspected to overlie
adjacent human remains until:
• the county coroner has been informed and has determined that no investigation of the
cause of death is required; and
• if the remains are of Native American origin, the descendants from the deceased Native
Americans have made a recommendation to the landowner or the person responsible
for the excavation work for means of treating or disposing of, with appropriate dignity,
the human remains and any associated grave goods as provided in PRC 5097.98, or
• NAHC was unable to identify a descendant, or the descendant failed to make a
recommendation within 24 hours after being notified by NAHC.
Stop work.
Evaluate Find.
Owner or Lessee
as Applicant
using
Qualified
Professional
Building Official
City of
Carmel-bythe-
Sea
Ongoing
4.4 Land Use
4.4-1 In order to minimize potential land use conflicts associated with potential future use of the
Flanders Mansion Property, the City of Carmel-by-the-Sea shall require through conditions of
sale, deed restriction, or similar legally-binding mechanism, that any future use and subsequent
sale of the Property be restricted to single-family residential or a low-impact public/quasi-public
use consistent with the historical use of the property. Future use of the property that would
represent an intensification of use shall be subject to additional environmental review in
accordance with CEQA, including the provisions of CEQA Guidelines §15162 and §15163, as
applicable and shall require the preparation of a Traffic Impact Analysis. The traffic analysis
shall be provided to the County of Monterey Public Works Department for review and comment.
These restrictions shall run with the land and shall be legally binding on successor
owners/lessees.
Prepare and record deed
restrictions, easements
and/or Covenants,
Conditions and
Restrictions, and
Conditions of Sale and
Lease
Prepare and provide any
needed traffic analysis
Monterey County Public
Works Department
City of Carmelby-
the-Sea
City Attorney
City of Carmelby-
the-Sea
City of
Carmel-bythe-
Sea
Ongoing
4.5 Parks and Recreation
4.5-1 In order to ensure trail access between the Lester Rowntree Arboretum and the Mission Trail
Nature Preserve is preserved, the City shall provide additional trails as shown on Figure 4.5-1
to mitigate the loss of trail access as a result of the project. Prior to the sale of the Flanders
Mansion, the City of Carmel-by-the-Sea shall set aside additional trails within the Mission Trail
Nature Preserve as depicted in Figure 4.5-1.
Construct new trails City of Carmelby-
the-Sea
City of
Carmel-bythe-
Sea
Prior to the sale
of the Flanders
Mansion
Page 11 of 12
132
Mitigation Monitoring Program: City of Carmel-by-the-Sea -- Sale of Flanders Mansion Project
Mitigation
Measure
Number
Mitigation Measure
Compliance or
Monitoring Actions
to be performed.
Where applicable, a
certified professional is
required for action to be
approved.
Implementation
Responsibility
Verification
Responsibility
Timing
4.6 Traffic and Circulation
4.6-1 In order to ensure that adequate public parking is provided, the City of Carmel-by-the-Sea shall
provide additional public parking to facilitate visitor access to the surrounding Preserve and
Arboretum consistent with the policies of the Mission Trail Nature Preserve Master Plan, prior
to the sale of the Flanders Mansion Property. Prior to the sale of the Flanders Mansion, the City
shall develop a parking plan to provide at least 3 parking spaces along the existing driveway
within the Mission Trail Nature Preserve as demonstrated in Figure 4.6-2. This site shall be
surfaced with appropriate materials such as wood chips or similar. Paved surfaces, such as
asphalt or similar, shall be prohibited. Construction of replacement parking shall provide for
minimal disturbance to the natural surroundings and appropriate landscape treatments shall be
provided to minimize views of parking from the Hatton Fields neighborhood. In the event that
grading and/or vegetation-removal activities are required, use of non-impervious materials shall
be required. Landscape screening shall also be provided to minimize visibility from surrounding
residences. Native vegetation screening shall be provided along the area of the parking edge that
is within close proximity to adjacent residences. All disturbed areas shall be replanted with
appropriate native vegetation.
Preparation of a plan.
Approve Design
Review and Required
Permits.
Installation and
inspection.
City of Carmelby-
the-Sea
City of
Carmel-bythe-
Sea
City
Administrator
Planning
Department
Staff or City
Administrator
Building
Official and
Principal
Planner
Prior to the sale
of the Flanders
Mansion
4.6-2 In order to ensure that potential impacts to biological resources are avoided during the
construction of additional parking, the City of Carmel-by-the-Sea shall arrange for preconstruction
wildlife surveys (raptors, bats, and woodrats) to be conducted by a qualified
biological professional, prior to the initiation of any construction-related activities. In the event
that any special-status species are observed within the construction area or within the immediate
vicinity, the proper resource agency (i.e., CDFG or USFWS) shall be contacted. No work shall
commence until such time that CDFG or USFWS have been contacted and appropriate removal
or protective measures have been identified.
Pre-construction wildlife
surveys
Contact proper resource
agency (if necessary)
City of Carmelby-
the-Sea
using
Qualified
Biologist
City of
Carmel-bythe-
Sea,
CDFG &
USFWS (if
necessary)
Prior to
construction of
replacement
parking
identified in
Mitigation
Measure 4.6-1
4.6-3 Mitigation Measure 4.4-1 of Section 4.4 Land Use. See requirements under
Mitigation Measure 4.4-1
City of Carmelby-
the-Sea and
City Attorney
City of
Carmel-bythe-
Sea
Ongoing
Page 12 of 12
133
RESOLUTION NO. 2009-__
A RESOLUTION ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM, CONDITIONS OF SALE, A DECLARATION OF CONDITIONS,
COVENANTS AND RESTRICTIONS TO BE RECORDED AGAINST THE PROPERTY,
AND CONDITIONS OF LEASE
Attachment B
CONDITIONS OF SALE FOR THE FLANDERS MANSION PROPERTY
Conditions of Sale for the Flanders Mansion property shall include and incorporate the
requirements of the Mitigation Monitoring and Reporting Program set forth in Attachment A to
this Resolution, and shall impose such requirements upon any purchaser of the property from the
City and, for future purchasers, require performance and completion of such provisions of the
Mitigation Monitoring and Reporting Program as have not previously been completed and
verified in accordance with the Mitigation Monitoring and Reporting Program.
134
RESOLUTION NO. 2009-__
A RESOLUTION ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM, CONDITIONS OF SALE, A DECLARATION OF CONDITIONS,
COVENANTS AND RESTRICTIONS TO BE RECORDED AGAINST THE PROPERTY,
AND CONDITIONS OF LEASE
Attachment C
PROVISIONS TO BE CONTAINED IN EASEMENTS AND COVENANTS FOR THE
FLANDERS MANSION PROPERTY TO BE RECORDED AND RUN WITH THE LAND
A Declaration of Covenants, Conditions and Restrictions shall be prepared and recorded
to run with the land which shall include and incorporate the requirements of the Mitigation
Monitoring and Reporting Program set forth in Attachment A to this Resolution, and shall
impose such requirements upon any purchaser of the property from the City and, for future
purchasers, require performance and completion of such provisions of the Mitigation Monitoring
and Reporting Program as have not previously been completed and verified in accordance with
the Mitigation Monitoring and Reporting Program. The easements and/or deed restrictions
described in the RFEIR discussion of the Sale with Conservation Easements and Mitigation
alternative and in the Mitigation Measures shall also be recorded against the property. The legal
description of the location of the deed restriction and easement areas shall be determined by
survey complying with the description of the conservation easements' areas in the RFEIR
discussion of the Sale with Conservation Easements and Mitigation alternative.
The Declaration of Covenants, Conditions and Restrictions shall provide, in part, that the
City of Carmel-by-the-Sea, as Grantor and Declarant, intends to sell the that parcel of real
property described in the recorded legal description of Assessor's Parcel Number 010-061-005
(set forth in the preliminary title report dated June 24, 2004, attached as Addendum B to the
Summary Appraisal Report by CBRE Valuation & Advisory Services attached to the Economic
Feasibility Analysis by CBRE Consulting, Inc., dated February 23, 2009), and generally located
west of Hatton Road at 25800 Hatton Road in Carmel, California and commonly known as the
Flanders Mansion property, restricting it in accordance with the provisions of the Declaration of
Covenants, Conditions and Restrictions. The Declaration shall further provide that the City
declares that said real property shall be held, transferred, encumbered, used, sold, conveyed,
leased, and occupied, subject to the covenants, conditions and restrictions set forth. Such
Declaration of Covenants, Conditions and Restrictions shall bind the City of Carmel-by-the-Sea,
as Grantor, and its successors and assigns and each and all of them who now or in the future shall
own said real property, and shall and is intended to run with the land in perpetuity.
135
CITY OF CARMEL-BY-THE-SEA
RESOLUTION NO. 2009-__
A RESOLUTION ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM, CONDITIONS OF SALE, A DECLARATION OF CONDITIONS,
COVENANTS AND RESTRICTIONS TO BE RECORDED AGAINST THE PROPERTY,
AND CONDITIONS OF LEASE
Attachment D
CONDITIONS OF LEASE FOR THE FLANDERS MANSION PROPERTY
In the event that the a majority of voters in the special election on sale of the Flanders
Mansion property vote against sale of that parkland, the Conditions of Lease shall include and
incorporate as requirements the provisions of the Mitigation Monitoring and Reporting Program
set forth in Attachment A, above, and the conservation easements described in the RFEIR
discussion of the Sale with Conservation Easements and Mitigation alternative, which shall be
contained in all future lease agreements for the property, to incorporate and impose the
requirements of the modified Mitigation Monitoring and Reporting Program upon all future
lessees of the property and, for future lessees, require performance and completion of such
provisions of the Mitigation Monitoring and Reporting Program as have not yet been completed
and verified in accordance with the Mitigation Monitoring and Reporting Program by the time
they take possession of the property.