CITY COUNCIL: Resolution Adopting Mitigation Monitoring & Reporting Program, Conditions of Sale, Declaration of Conditions, Coventants & Lease Conds.

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

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;

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:

____________________________________
Sue McCloud, Mayor

ATTEST:

____________________________________
Heidi Burch, City Clerk


Attachment A
MITIGATION MONITORING AND REPORTING PROGRAM

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.
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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.

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 been completed and
verified in accordance with the Mitigation Monitoring and Reporting Program by the time they
take possession of the property.