CITY OF CARMEL-BY-THE-SEA
RESOLUTION NO. 2009-__
A RESOLUTION CERTIFYING THE RECIRCULATED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SALE OF THE FLANDERS MANSION PROPERTY
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 has proposed sale of the Flanders Mansion property since
purchasing it as a portion of a larger, single parcel of land in 1972 for public purposes;
WHEREAS, the Flanders Mansion building on the site has been used since its purchase
primarily as a single family residential unit (1972-2004), and as an art instruction center and
offices (1980-2000), along with periods of vacancy and other similar intermittent uses;
WHEREAS, the 1.252-acre parcel referred to herein as the Property was created in its
present configuration by an approved parcel map adopted by the City in 2000;
WHEREAS, the Property site is currently zoned P-2, Improved Parkland, which zoning
permits single-family resident units (among others) as conforming uses;
WHEREAS, the Flanders Mansion building was placed on the National Register of
Historic Places in 1989 based on its local significance;
WHEREAS, in contemplation of the proposed sale of the Property, the City
commissioned preparation of a environmental impact report [“EIR”] pursuant to the California
Environmental Quality Act [“CEQA”];
WHEREAS, the Recirculated Final EIR, which incorporates the complete RDEIR dated
January 2009 by reference, was completed and released on April 16, 2009 [collectively,
“RFEIR”];
WHEREAS, the RFEIR concludes that the sale of the Property carries two potential
significant and unavoidable impacts, the permanent loss of City ownership of public parkland
(found significant and unavoidable) and the potential inconsistency of the sale of the Property
with four goals, objectives and policies of the Carmel-by-the-Sea General Plan (found
potentially significant and unavoidable);
WHEREAS, the Planning Commission at its special meeting on April 23, 2009
determined that the sale of the Property with Conservation Easements and Mitigation
(Alternative 6.5) for residential use and lease of the property for residential use are consistent
with the General Plan;
WHEREAS, the Planning Commission at its special meeting on April 23, 2009
considered the RFEIR and recommended it be certified as adequate and complete in compliance
with CEQA;
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WHEREAS, the determinations and recommendations of the Planning Commission on
April 23, 2009 have been forwarded to the City Council and have been considered by the City
Council prior to making the findings and taking the actions on the project set forth herein and in
companion Resolutions respectively entitled, 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; A Resolution
Adopting a Statement of Overriding Considerations; a Resolution Adopting a Project for
Implementation: Sale of Flanders Mansion Parcel with Conservation Easements and Mitigation;
and A Resolution of Notice of Proposed Discontinuance of Public Park Land and Setting Date
for Hearing of Protests Against Sale of Public Park Land;
WHEREAS, the RFEIR discusses alternatives to sale of the Property;
WHEREAS, the RFEIR in Sections 6.6 and 6.7 determined that, and the alternative
described in Section 6.4, lease of the property, was environmentally superior to the proposed
project, but failed to achieve the primary project objective and may result in additional impacts
on traffic depending on the type of use;
WHEREAS, the RFEIR in Sections 6.6 and 6.7 determined that, if the Lease Alternatives
in Section 6.4 were found infeasible, the alternative described in Section 6.5 of the RFEIR, i.e.,
Sale with Conservation Easements and Mitigation, would be considered the environmentally
superior alternative to the proposed project;
WHEREAS, the proposed project and the Sale with Conservation Easements and
Mitigations alternative include mitigation measures designed to mitigate all environmental
impacts, other than the two potentially significant and unavoidable impacts referenced above, to
a less-than-significant level; and
WHEREAS, said mitigation measures are being adopted and incorporated into a
Mitigation Monitoring and Reporting Program, Conditions of Sale and Covenants to be recorded
to run with the land, and Conditions of Lease, to ensure that the Flanders Mansion building will
be restored, preserved, and maintained in perpetuity.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF CARMEL-BY-THESEA
DOES:
1. Find that the above recitals and the findings contained in Attachment A hereto are
accurate, and that evidence exists in the City files to support said findings and recitals. The
recitals and findings are hereby incorporated in and made part of this Resolution by this
reference.
2. Find that the City Council reviewed and considered the information contained in
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”], and public testimony received thereon during the hearing
of today, prior to its approval of the Project.
3. Find that the Recirculated Final Environmental Impact Report is complete and
adequate in accordance with CEQA.
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4. Find that the Recirculated Final Environmental Impact Report was completed in
compliance with CEQA.
5. Find that the Recirculated Final Environmental Impact Report reflects City's
independent judgment.
6. Find that the sale of the Flanders Mansion property is not inconsistent with
General Plan policies, goals and objectives.
7. Certify the RFEIR as adequate and complete
8. Make the Findings in Attachment A, incorporated herein by this reference.
9. Direct City staff to prepare, file and provide a Notice of Determination of the City
Council's action by April 29, 2009, (2) start the process required for selling public park land and
provide appropriate notices in accordance with Government Code § 38440 et seq.; and (3)
provide notice of the hearing on protests against sale set for regular City Council meeting on
June 2, 2009 at 4:30 p.m.
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
CITY OF CARMEL-BY-THE-SEA
RESOLUTION NO. 2009-__
A RESOLUTION CERTIFYING THE RECIRCULATED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SALE OF THE FLANDERS MANSION PROPERTY
Attachment A
General Overview of Documents Supporting Findings.
For the findings set forth below, the City relies upon the following documents, as well as
such other documents and items as are listed as evidence with any particular finding:
1. Administrative Record prepared for the action, The Flanders Foundation v. City
of Carmel-by-the-Sea, et al. (Mont. Co. Super. Ct. Case No. M76728), challenging the Final
Environmental Impact Report certified September 22, 2005 [“2005 Administrative Record”];
2. Notice of Preparation, dated January 14, 2005;
3. Draft Environmental Impact Report for the Sale of Flanders Mansion Property,
dated March 2005 [“2005 DEIR”];
4. Notice of Completion of Draft Environmental Impact Report for the Sale of
Flanders Mansion Property, dated April 1, 2005;
5. Notice of Completion of Draft Environmental Impact Report for the Sale of
Flanders Mansion Property, dated on or about April 1, 2005;
6. Final Environmental Impact Report for the Sale of Flanders Mansion Property,
SCH # 2005011108, dated August 2005 (now de-certified, by City of Carmel-by-the-Sea City
Council Resolution No. 2007-71, passed November 6, 2007) [“2005 Final EIR”];
7. Notice of Determination, dated on or about September 23, 2005;
8. Amended Judgment Granting Petition for Writ of Mandamus in The Flanders
Foundation v. City of Carmel-by-the-Sea, et al. (Mont. Co. Super. Ct. Case No. M76728),
including Exhibit A, February 21, 2007 Intended Decision, by the Honorable Robert O'Farrell,
filed August 10, 2007;
9. Peremptory Writ of Mandamus, entered August 10, 2007;
10. City of Carmel-by-the-Sea City Council Resolution No. 2007-71, passed
November 6, 2007;
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11. Return to Writ of Mandate, Declaration of Bernard Martino in Support of Return
to Peremptory Writ of Mandamus, and Declaration of Donald G. Freeman, Esquire, in Support
of Return to Peremptory Writ of Mandamus, filed by the City of Carmel-by-the-Sea, filed
December 7, 2007;
12. Supplemental Declaration of Bernard Martino in Support of Return to Peremptory
Writ of Mandamus, filed by the City of Carmel-by-the-Sea, January 11, 2008;
13. Status Report on Return to Peremptory Writ of Mandamus, Declaration of
Bernard Martino in Support of Status Report on Return to Peremptory Writ of Mandamus,
Declaration of Rich Guillen in Support of Status Report on Return to Peremptory Writ of
Mandamus, filed by the City of Carmel-by-the-Sea, October 30, 2008;
14. Recirculated Draft Environmental Impact Report for the Sale of the Flanders
Mansion Property, SCH # 2005011108, dated January 2009 [“RDEIR”];
15. Notice of Completion and Environmental Document Transmittal to State
Clearinghouse, SCH # 2005011108, for the Recirculated Draft Environmental Impact Report for
the Sale of the Flanders Mansion Property, dated January 2, 2009;
16. Notice of Availability/Notice of Completion for the Recirculated Draft
Environmental Impact Report (RDEIR) for the Sale of the Flanders Mansion Property, SCH #
2005011108;
17. Recirculated Final Environmental Impact Report: Sale of Flanders Mansion
Property, SCH # 2005011108, dated April 2009 [“Recirculated Final EIR”];
18. Notice of Release of Recirculated Final Environmental Impact Report: Sale of
Flanders Mansion Property, SCH # 2005011108, dated April 15, 2009;
19. Economic Feasibility Analysis Report by CBRE Consulting, Inc., dated February
23, 2009, including all attachments;
20. Minutes of January 14, 2009 Planning Commission hearing;
21. Agenda for February 11, 2009 Planning Commission hearing;
22. Minutes of February 11, 2009 Planning Commission hearing;
23. Public Notice of hearings, dated April 1, 2009, as amended April 7, 2009,
noticing April 20, 2009 meeting of the Forest and Beach Commission, April 20, 2009 meeting of
the Historic Resources Board, April 23, 2009 Special meeting of the Planning Commission, and
April 28, 2009 Special meeting of the City Council, as amended;
23. Notice of Release of Recirculated Final Environmental Impact Report: Sale of
Flanders Mansion Property, SCH #2005011108, dated April 15, 2009;
25. Agenda and Staff Report and, when they are prepared and approved, the Minutes,
for April 20, 2009 regular meeting of the Historic Resources Board, and any oral testimony and
documentary evidence presented at that hearing;
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26. Agenda and Staff Report and, when they are prepared and approved, the Minutes,
April 20, 2009 Special meeting of the Forest and Beach Commission, and any oral testimony and
documentary evidence presented at that hearing;
27. Agenda and Staff Report and, when they are prepared and approved, the Minutes,
April 23, 2009 Special meeting of the Planning Commission, and any oral testimony and
documentary evidence presented at that hearing;
28. Agenda and Staff Report and, when they are prepared and approved, the Minutes,
April 28, 2009 Special meeting of the City Council, and any oral testimony and documentary
evidence presented at that hearing;
29. All documents and other items and materials related to the Flanders Mansion
parcel and surrounding properties, and the project, in all City files.
FINDINGS FOR CERTIFICATION OF RECIRCULATED FINAL ENVIRONMENTAL
IMPACT REPORT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY
ACT
A. Background to 2007-2009 CEQA Review.
1. The Flanders Mansion Property and City Ownership.
a. Finding: The Flanders Mansion was built in 1924 as a single-family
residence for Paul Flanders and his family. The Mansion was designed by Henry Higby
Gutterson, an architect from San Francisco.
Evidence:
2005 Environmental Impact Report;
National Register of Historic Places nomination file;
RDEIR dated January 2009, section 3.2, Project Background;
Property files and records maintained in Carmel City Hall.
b. Finding: The Flanders property was zoned R-1: Single-Family
Residential. During the period 1968 through 1972, the owner repeatedly sought approval from
the City to subdivide and build on the property. In 1972, after repeatedly denying development
proposals, the City bought the property. This parcel included the Flanders Mansion plus a large,
undeveloped and forested area, including a creek. The total area of the property was
approximately 14.9 acres.
Evidence:
Carmel-by-the-Sea Municipal Code;
Property files maintained in the City’s Planning Department;
Subdivision Maps and records of meetings contained in historical record files maintained
in the City’s Planning Department;
RDEIR dated January 2009, section 3.2, Project Background.
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c. Finding: After the City acquired the Flanders property and the
Mansion, there was uncertainty about how best to use them. The City Council considered selling
the Flanders Mansion, demolishing it, using it as a residence or occupying it with various
nonresidential uses. Over time, the Flanders Mansion was occupied by a variety of uses on a
short-term basis, including but not limited to, the following: Single-family residence, Wedding
location, offices, Designer’s Showcase.
Evidence
Flanders Property Environmental Impact Report, dated 1975;
Carmel City Council Minutes, 1972 through 1977.
d. Finding: In 1975, the City approved use of the 14.9 acre property,
together with an adjacent 17.5 acre parcel acquired from the Doolittle family, as Mission Trails
Park. The City improved the Park with hiking trails, benches and bridges over the creek. The
Park is well-used by the public.
Evidence:
Property files maintained in the City’s Planning Department;
Resolution of the City Council;
Capital improvement budgets dated from 1976 through 2009;
RDEIR dated January 2009, section 3.2, Project Background.
e. Finding: In 1979, the zoning for the Mission Trails Park was
changed. A small area (less than two acres) around the Flanders Mansion was rezoned to R-1
Single-Family residential. The larger area of open space around the Mansion was rezoned P1:
Unimproved Parkland. In 1980, the City rezoned a small area around the Mansion to P-2A
(Parkland with Improvements and Structures). Both parkland zoning designations were later
changed when, in 2004, the City adopted its Local Coastal Program. The zoning for the Flanders
Mansion parcel and the remainder of the park became P-2 and P-1, respectively. The entirety of
the park became known as Mission Trails Nature Preserve.
Evidence:
RDEIR dated January 2009, section 3.2, Project Background.
f. Finding: In 1989 the Flanders Mansion was placed on the National
Register of Historic Places based on its local significance.
Evidence:
RDEIR dated January 2009, section 3.2, Project Background;
National Register of Historic Places nomination document.
g. Finding: Since acquiring the Flanders Mansion in 1972, the City has
never established a permanent use. Over the past five years, the Mansion has been vacant.
Evidence:
RDEIR dated January 2009, section 3.2, Project Background.
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2. 2005 CEQA Review.
a. Finding: In 1985, the City Council determined that selling the
Flanders Mansion should be investigated. Since selling the Mansion would constitute a project
and could have regional significance as defined by the California Environmental Quality Act
(CEQA), an Environmental Impact Report (EIR) was required.
b. Finding: The 2005 project purpose was to: (1) generate funds for
needed capital improvements involving a number of municipal facilities and (2) to divest the
City of a property needing significant funding for rehabilitation.
c. Finding: A public scoping hearing for the sale of the Flanders
Mansion property was held on November 29, 2004 at City Hall. On or about January 14, 2005,
the City, in accordance with the requirements of CEQA and the CEQA Guidelines, caused to be
prepared, distributed and issued a Notice of Preparation [“NoP”] prepared in accordance with §
15082 of the CEQA Guidelines stating that an Environmental Impact Report [“EIR”] for the sale
of the Flanders Mansion parcel would be prepared. The Initial Study and a preliminary scope of
work for the EIR were included in the Notice of Preparation. The Notice of Preparation was sent
to each responsible agency, federal agency and trustee agency as required by § 15082 of the
CEQA Guidelines. A 30-day comment period on the Notice of Preparation provided agencies
the opportunity to identify issues and concerns that should be addressed during the preparation
of the Draft EIR and to provide the City with specific detail about the scope and content of the
EIR. The Flanders Mansion Project was assigned State Clearinghouse Number 2005011108.
Evidence:
City File in Planning and Building Inspection Department, containing a copy of the
Notice of Preparation;
Planning Commission Minutes of November 2004 hearing;
Notice of Preparation dated January 14, 2005;
2005 DEIR, pp. 3-3 to 3-4 (description of process beginning the 2005 environmental
review);
RDEIR, Appendix A (a copy of the Notice of Preparation).
(See also generally, Administrative Record in The Flanders Foundation v. City of
Carmel-by-the-Sea, et al., Mont. Co. Super. Ct. Case No. M76728.)
d. Finding: The City received seven responses to the Notice of
Preparation from the agencies and public on or before February 22, 2005.
Evidence:
City File in Planning and Building Inspection Department, containing the responses to
the Notice of Preparation;
Responses to Notice of Preparation;
2005 DEIR, p. 3-4 (listing and describing comments received pursuant to Notice of
Preparation);
RFEIR.
(See also generally, Administrative Record in The Flanders Foundation v. City of
Carmel-by-the-Sea, et al., Mont. Co. Super. Ct. Case No. M76728.)
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e. Finding: The City of Carmel-by-the-Sea, as the Lead Agency,
consistent with the CEQA Guidelines, prepared a Draft Environmental Impact Report [“Draft
EIR” or “DEIR”] for the Sale of the Flanders Mansion Property, and circulated the Draft EIR for
public review on April 1, 2005.
Evidence:
City File in Planning and Building Inspection Department, files contain copy of 2005
DEIR and April 1, 2005 Notice of Completion of the 2005 DEIR.
2005 DEIR.
April 1, 2005 Notice of Completion;
City File in Planning and Building Inspection Department, files contain copy of 2005
DEIR and April 1, 2005 Notice of Completion of the 2005 DEIR.
RFEIR.
(See also generally, Administrative Record in The Flanders Foundation v. City of
Carmel-by-the-Sea, et al., Mont. Co. Super. Ct. Case No. M76728.)
f. Finding: On or about April 1, 2005, the City filed with the State
Clearinghouse, Office of Planning and Research, a Notice of Completion in accordance with §
15085 of the CEQA Guidelines.
Evidence:
Notice of Completion dated on or about April 1, 2005
City File in Planning and Building Inspection Department, containing copy of the Notice
of Completion filed with the State Office of Planning and Research.
RFEIR.
(See also generally, Administrative Record in The Flanders Foundation v. City of
Carmel-by-the-Sea, et al., Mont. Co. Super. Ct. Case No. M76728.)
g. Finding: On April 1, 2005, the City issued a public notice the a Draft
EIR had been completed and was available for review in accordance with sections 15085(c) and
15087(a) of the CEQA Guidelines [“Notice of Completion”] to all organizations and individuals
who had previously requested such notice, provided the notice to adjacent property owners, and
released the Draft EIR for public review and comment for a 45-day period commencing April 1,
2005, and ending 45 days later.
Evidence:
City File in Planning and Building Inspection Department, containing copy of 2005
DEIR and April 1, 2005 Notice of Completion of the 2005 DEIR;
2005 DEIR;
Notice of Completion dated April 1, 2005;
RFEIR.
(See also generally, Administrative Record in The Flanders Foundation v. City of
Carmel-by-the-Sea, et al., Mont. Co. Super. Ct. Case No. M76728.)
h. Finding: During the public review period, 54 comment letters were
received. The City’s Planning Commission also held a public hearing to receive oral comments.
These comments and the responses to them were included as part of the Final EIR, which was
certified by the City of Carmel-by-the-Sea on September 22, 2005.
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Evidence:
Public comments received between April 1 and May 16, 2005.
Planning Commission Minutes, dated April 14, 2005
2005 FEIR dated August 2005, which includes these public comments.
City File in Planning and Building Inspection Department, containing copy of all public
comments received and of 2005 FEIR which includes the public comments.
(See also generally, Administrative Record in The Flanders Foundation v. City of
Carmel-by-the-Sea, et al., Mont. Co. Super. Ct. Case No. M76728.)
i. Finding: The Flanders Mansion property lines were staked on July
18, 2005. The Planning Commission and Historic Resources Board (on July 28, 2005) and the
City Council (on August 1, 2005) conducted field trips to the site. The staking of the property
provided a visual delineation of the specific boundaries of the site for the public and clarified
specifics regarding the site itself, in relation to the analysis in the EIR.
Evidence:
2005 FEIR, section 4.0, Responses to Comments, p. 4-8;
RFEIR, section 4.0, Responses to Comments, pp. 4-90, 4-96
j. Finding: The City’s EIR consultant prepared Responses to
Comments. The City evaluated the comments on environmental issues, and prepared written
responses that contained good faith, reasoned responses to all significant environmental issues,
in accordance with § 15088 of the Guidelines. Consistent with the CEQA Guidelines, the FEIR
was completed and released in August 2005.
Evidence:
2005 FEIR dated August 2005, Responses to Comments;
City File in Planning and Building Inspection Department, containing copy of 2005 FEIR
dated August 2005;
RDEIR, p. 3-4;
RFEIR.
(See also generally, Administrative Record in The Flanders Foundation v. City of
Carmel-by-the-Sea, et al., Mont. Co. Super. Ct. Case No. M76728.)
k. Finding: The FEIR was reviewed by the Historic Resources Board,
the Forest and Beach Commission and the Planning Commission. All three bodies were
responsible for advising the City Council on the adequacy of the FEIR, within their respective
areas of expertise. The Historic Resources Board and the Planning Commission forwarded
recommendations to the City Council that the proposed project was consistent with the General
Plan. The Forest and Beach did not forward a recommendation.
Evidence:
Final EIR dated August 2005;
Historic Resources Board Minutes, dated April 18, 2005;
Forest and Beach Commission Minutes, dated May 5, 2005;
Planning Commission Minutes, dated April 14, 2005.
l. Finding: Pursuant to Section 65402 of the California Government
Code, the Planning Commission also was charged with advising the City Council on whether the
proposed project was consistent with the General Plan. At its meeting on September 14, 2005,
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the Planning Commission forwarded a recommendation to the City Council that the proposed
project was consistent with the General Plan:
Evidence:
Planning Commission Minutes, dated September 14, 2005
m. Finding: On September 22, 2005, the City Council certified the
FEIR and adopted findings under CEQA, and approved the project of sale of the Flanders
Mansion property for implementation. At that time the City Council also adopted a Mitigation
Monitoring and Reporting Program, Conditions of Sale and a Statement of Overriding
Considerations finding alternatives in the FEIR infeasible and finding the project benefits
identified therein outweighed the environmental impacts which the FEIR found to be significant
and unavoidable. Lastly, the City Council adopted a Resolution noticing its intent to sell the
Flanders Mansion.
Evidence:
Minutes of City Council meeting of September 22, 2005;
City Council Resolutions Numbered 2005-55, 2005-56, 2005-57, 2005-58, and all
attachments to said Resolutions;
RFEIR;
City files in Planning and Building Inspection Department and City Clerk's office,
containing copies of said documents.
(See also generally, Administrative Record in The Flanders Foundation v. City of
Carmel-by-the-Sea, et al., Mont. Co. Super. Ct. Case No. M76728.)
B. Petition for Writ of Mandamus.
1. Finding: On or about November 3, 2005, The Flanders Foundation filed a
Petition for Writ of Mandamus (The Flanders Foundation v. City of Carmel-by-the-Sea, Mont.
Co. Super. Ct. Case No. M76728), challenging the Resolutions of the City Council of the City of
Carmel-by-the-Sea [“the City”] certifying the 2005 Final EIR for sale of the Flanders Mansion
property, adopting Sale of the Flanders Mansion Property as the Project for Implementation,
noticing the intent to sell the Flanders Mansion property, and adopting a Statement of Overriding
Considerations, Mitigation Monitoring and Reporting Program, and Conditions of Sale for the
sale of the Flanders Mansion property project (City of Carmel-by-the-Sea Resolutions numbered
2005-55, 2005-56, 2005-57 and 2005-58, respectively), each of which were adopted on
September 22, 2005.
Evidentiary Support:
Petition for Writ of Mandamus dated November 3, 2005.
2. Finding: The Monterey County Superior Court, by the Honorable Robert
O'Farrell, judge, issued an Intended Decision, dated February 21, 2007, later incorporated as an
exhibit to the Amended Judgment Granting Petition for Writ of Mandamus, filed August 10,
2007 [collectively, “the Judgment”]. The Monterey County Superior Court also issued the
Peremptory Writ of Mandate on August 10, 2007.
Evidence:
City Council Resolution Number 2007-71;
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City file in City Clerk's office and Planning and Building Inspection Department,
containing a copy of said document;
Amended Judgment Granting Petition for Writ of Mandamus in The Flanders Foundation
v. City of Carmel-by-the-Sea, et al. (Mont. Co. Super. Ct. Case No. M76728), including
Exhibit A, February 21, 2007 Intended Decision, by the Honorable Robert O'Farrell, filed
August 10, 2007;
Peremptory Writ of Mandamus, entered August 10, 2007 in The Flanders Foundation v.
City of Carmel-by-the-Sea, et al. (Mont. Co. Super. Ct. Case No. M76728).
The following findings describing the Court's judgment and writ are supported by the
above-referenced evidence.
a. Finding: The Judgment found:
(1) the Flanders Mansion property is parkland;
(2) the City's determination to sell the Flanders Mansion property,
which the 2005 Final EIR determined would have significant, unavoidable environmental
impacts, was not supported by substantial evidence of infeasibility or by appropriate findings
supporting selection of the sale project which identified the specific consideration that made
infeasible the environmentally-superior alternative and the specific benefits of the sale project
which outweighed the significant, unavoidable environmental impacts of the sale;
(3) the City's responses to public comments in the 2005 Final EIR
were adequate and may be supplemented as part of future environmental review; and
(4) the City failed to preserve the Flanders Mansion against decay and
deterioration and to maintain it in a state of good repair and free from structural defects.
b. Finding: The Judgment upheld the City's determination that the sale
of the Flanders Mansion property was consistent with the City's General Plan.
c. Finding: The Judgment determined he City must comply with its
Municipal Code section on Maintenance and Upkeep of historic resources (Muni. Code. §
17.32.210) for the Flanders Mansion property.
d. Finding: The Judgment ordered that, if the City later determines
after appropriate environmental review and findings pursuant to CEQA to sell the Flanders
Mansion property, the City must comply with applicable provisions of the Government Code
relating to sale of parkland and sale of surplus land (Govt. Code, §§ 38440 et seq., 54220 et
seq.), including putting approval of sale of the property to a vote of the City's residents.
e. Finding: The Judgment granted the Petition for Writ of Mandamus,
requiring that the 2005 Final EIR be decertified and all related actions be set aside.
f. Finding: The Judgment also ordered the City to implement
“reasonable interim measures necessary to avoid further significant deterioration” of the
Flanders Mansion.
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3. Finding: On November 6, 2007, the City Council passed Resolution
Number 2007-71, rescinding the four resolutions passed in 2005 (Nos. 2005-55, 2005-56, 2005-
57 and 2005-58) certifying the 2005 Final EIR, approving sale of the Flanders Mansion parcel as
the project for implementation, adopting Conditions of Sale, a Mitigation Monitoring and
Reporting Program and a Statement of Overriding Considerations, and noticing the City's intent
to sell the Flanders Mansion parcel.
Evidence:
Resolution No. 2007-71;
City file in City Clerk's office and Planning and Building Inspection Department,
containing a copy of said Resolution;
Return to Writ of Mandate and Declaration of Donald G. Freeman, Esquire, in Support of
Return to Peremptory Writ of Mandamus, filed by the City of Carmel-by-the-Sea,
December 7, 2007.
4. Finding: On December 7, 2007, the City filed with the Monterey County
Superior Court documents in Return to the Peremptory Writ of Mandate.
Evidence:
Return to Writ of Mandate, Declaration of Bernard Martino in Support of Return to
Peremptory Writ of Mandamus, and Declaration of Donald G. Freeman, Esquire, in
Support of Return to Peremptory Writ of Mandamus, filed by the City of Carmel-by-the-
Sea, December 7, 2007.
a. Finding: The Return informed the court that the City had decertified
the 2005 Final EIR and rescinded all Resolutions relating to the 2005 project (described above).
Evidence:
Return to Writ of Mandate, Declaration of Bernard Martino in Support of Return to
Peremptory Writ of Mandamus, and Declaration of Donald G. Freeman, Esquire, in
Support of Return to Peremptory Writ of Mandamus, filed by the City of Carmel-by-the-
Sea, December 7, 2007.
b. Finding: The Return documents described the measures the City
were taking and would take to maintain the Flanders Mansion to prevent further significant
deterioration, and offered the Court and the Flanders Foundation the opportunity to view and
inspect the Flanders Mansion and the parcel's grounds.
Evidence:
Return to Writ of Mandate, Declaration of Bernard Martino in Support of Return to
Peremptory Writ of Mandamus, and Declaration of Donald G. Freeman, Esquire, in
Support of Return to Peremptory Writ of Mandamus, filed by the City of Carmel-by-the-
Sea, December 7, 2007.
c. Finding: The Return stated that the City would undertake further
environmental review pursuant to CEQA considering both sale and lease options for the Flanders
Mansion property.
Evidence:
Return to Writ of Mandate, and Declaration of Donald G. Freeman, Esquire, in Support
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of Return to Peremptory Writ of Mandamus, filed by the City of Carmel-by-the-Sea,
December 7, 2007.
d. Finding: In its Return, the City also provided that if, following the
further environmental review, the City again determined to sell the Flanders Mansion parcel, it
would submit the sale of the property to the voters for approval (pursuant to Govt. Code, §
38440 et seq.) and, if the voters approved the sale of the property, the City would comply with
the Surplus Land Act provisions (Govt. Code, § 54220 et seq.).
Evidence:
Return to Writ of Mandate, and Declaration of Donald G. Freeman, Esquire, in Support
of Return to Peremptory Writ of Mandamus, filed by the City of Carmel-by-the-Sea,
December 7, 2007.
5. Finding: On January 8, 2008, the City filed a supplemental document to
correct one of the statements in the description of maintenance measures being undertaken.
Evidence:
Supplemental Declaration of Bernard Martino in Support of Return to Peremptory Writ
of Mandamus, filed by the City of Carmel-by-the-Sea, January 11, 2008.
6. Finding: On October 30, 2008, the City filed further Return documents with
the Monterey County Superior Court, providing an update on the actions being taken to comply
with the Judgment and Peremptory Writ of Mandate.
Evidence:Evidentiary Support:
Status Report on Return to Peremptory Writ of Mandamus, Declaration of Bernard
Martino in Support of Status Report on Return to Peremptory Writ of Mandamus,
Declaration of Rich Guillen in Support of Status Report on Return to Peremptory Writ of
Mandamus, filed by the City of Carmel-by-the-Sea, October 30, 2008.
a. Finding: The Return Status documents described the measures that
had been undertaken thus far to maintain the Flanders Mansion against further significant
deterioration and provided a breakdown of expenditures in this regard following the Judgment
and Writ in August 2007 through the end of September 2008.
Evidence:
Status Report on Return to Peremptory Writ of Mandamus, Declaration of Bernard
Martino in Support of Status Report on Return to Peremptory Writ of Mandamus,
Declaration of Rich Guillen in Support of Status Report on Return to Peremptory Writ of
Mandamus, filed by the City of Carmel-by-the-Sea, October 30, 2008.
b. Finding: The Return Status Report also informed the court that
counsel for representatives of the Flanders Foundation would be viewing the Flanders Mansion
property on November 4, 2008, and again invited the court to attend that view.
Evidence:
Status Report on Return to Peremptory Writ of Mandamus, filed by the City of Carmelby-
the-Sea, October 30, 2008.
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c. Finding: The Return Status Report further informed the court that
The City was in the process of revising and updating the environmental impact report for the
Flanders Mansion parcel, further reviewing the proposed use and potential disposition, under
CEQA, and considering sale, lease and retention options.
Evidence:
Status Report on Return to Peremptory Writ of Mandamus, filed by the City of Carmelby-
the-Sea, October 30, 2008.
7. Finding: The City complied with the Amended Judgment, including the
Intended Decision, and the Peremptory Writ of Mandate by taking the actions described above in
Paragraph 3 through 6, and by the RDEIR and RFEIR, the public notices relating thereto and the
hearings on the RFEIR, the public comment period on the RDEIR, the February 11, 2009
Planning Commission hearing taking oral public comments on the RDEIR, the April 20, 2009
Special meeting of the Forest and Beach Commission, April 20, 2009 regular meeting of the
Historic Resources Board, April 23, 2009 Special meeting of the Planning Commission, and
April 28, 2009 Special meeting of the City Council, and the findings made and actions taken by
this Resolution and Resolutions respectively entitled, 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; A Resolution
Adopting a Statement of Overriding Considerations; a Resolution Adopting a Project for
Implementation: Sale of Flanders Mansion Parcel with Conservation Easements and Mitigation;
and A Resolution of Notice of Proposed Discontinuance of Public Park Land and Setting Date
for Hearing of Protests Against Sale of Public Park Land, by companion action this day.
Evidence:
All evidence cited in support of the above findings in Paragraphs numbered 3 through 6c;
The repairs and maintenance performed to the Flanders Mansion and the Flanders
Mansion property grounds;
The current condition of the Flanders Mansion and property grounds.
8. Finding: The City has had an analysis of the economic feasibility of the
proposed project and alternatives performed by consultants qualified in economics and property
and market valuation. The Economic Feasibility study by CBRE Consulting included the
completion of the following major tasks: CRBE reviewed pertinent information including the
EIR and property relevant codes, standards, and restrictions; performed a local reconnaissance to
develop an understanding of the site and its environs; inspected the site to determine potential
and assess existing conditions related to access, parking, visibility, topography, and views;
observed adjacent properties and surrounding neighborhoods to form an opinion on potential
value and use; developed case studies involving comparable properties; analyzed key local
property-market statistics and trends affecting the value of the Property; conducted an appraisal
of the market value of Flanders Mansion, through CBRE’s Valuation & Advisory Services
group, and evaluated the feasibility and value of each disposition alternative.
Evidence:
The Economic Feasability Analysis report, dated February 23, 2009, including all
attachments, by CBRE Consulting, Inc.;
Curriculum Vitae for Lynn Sedway, Jonathan Kuperman attached to contract approved
on August 4, 2008;
Curriculum Vitae for Gene Williams attached to appraisal, attached as Appendix to the
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economic feasibility report;
City files in City Clerk's office and the Planning and Building Inspection Department,
containing copies of said documents.
C. Current CEQA Environmental Review.
1. Finding: Description of the Proposed Project:
The proposed project consists of the sale of the Flanders Mansion property, a 1.252 acre
parcel together with all improvements. The project site is considered parkland and is zoned P-2
(Improved Parkland). The grounds of the Flanders Mansion property have historically been used
by the public for passive recreational activities and the property provides a number of park
benefits. Surrounding the property is an Environmentally Sensitive Habitat Area (ESHA) zoned
P-1. This area plus the project site are all part of the City’s largest park, the Mission Trail Nature
Preserve. The building on the property (the Flanders Mansion) is recognized as a historic
resource and is listed on the National Register of Historic Places. No part of the Mission Trail
Nature Preserve zoned P-1 is subject to sale and all of it would be retained as public parkland.
Evidence:
RDEIR, section 3.0, p. 3-1.
See also RDEIR, sections 3.1 through 3.2, pp. 3-1 through 3-4.
2. Finding: Project Objectives:
The City of Carmel-by-the-Sea has identified the primary purpose of the proposed sale is
to divest the City of the Flanders Mansion Property which is in need of significant short-term
and long-term repair and rehabilitation.
In addition to the primary purpose above, there are six secondary objectives:
1) To ensure that the Flanders Mansion is preserved as a historic resource;
2) To ensure that the Flanders Mansion building and property are put to productive
use;
3) To ensure that future use of the Flanders Mansion and property will not cause
significant traffic, parking or noise impacts on the surrounding neighborhood;
4) To ensure that future use will not significantly disrupt the public’s enjoyment of
the Mission Trail Nature Preserve or the Lester Rowntree Native Plant Garden;
5) To ensure that environmental resources of the park are protected; and
6) To ensure that the Flanders Mansion parcel continues to provide the public with
as many park benefits as are practical.
The project objectives are consistent with requirements under CEQA Guidelines § 15124
and contain the necessary detail needed for evaluation and review of the environmental impact.
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The objectives are clearly written, provide assistance for the City to develop a reasonable range
of alternatives and include the underlying purpose of the project.
Evidence:
RDEIR/RFEIR, section 3.3, pp. 3-4 to 3-5.
3. Finding: On or about January 2, 2009, the City filed with OPR a Notice of
Completion in accordance with §15085 of the CEQA Guidelines.
Evidence:
Notice of Completion, dated January 2, 2005.
City file in City Planning and Building Inspection Department, containing copy of Notice
of Completion dated January 2, 2005.
4. Finding: On January 5, 2009, the City released the Recirculated Draft
Environmental Impact [“RDEIR”] for public review and comment for a 45-day period
commencing January 5, 2009 and ending February 18, 2009. Also on January 5, 2009, the City
issued a public “Notice of Availability/Notice of Completion” of the RDEIR in accordance with
§ 15087(a) of the CEQA Guidelines and delivered the Notice of Availability/Notice of
Completion to all persons and entities who had previously requested such notice, all persons and
entities who were provided the Notice of Preparation in 2005, all persons and entities who
commented on the 2005 DEIR, and notice to adjacent property owners, informing them of the
availability of the RDEIR, the locations where copies could be reviewed or purchased, and the
closing deadline for public comments. The Notice of Availability/Notice of Completion of the
RDEIR was filed with the Monterey County Clerk.
The Agenda for the Planning Commission hearing on February 11, 2009 at which oral
public comments on the RDEIR would be taken also informed the public of the availability of
the RDEIR. Said Agenda was posted at City Hall. In addition, two article appeared in the
Carmel Pine Cone informing the public of the availability of the RDEIR.
Evidence:
RDEIR dated January 2009;
Notice of Availability/Notice of Completion;
Certification of mailing of Notice of Availability/Notice of Completion;
Mailing lists for Notice of Availability/Notice of Completion;
Copy of Notice of Availability/Notice of Completion with Monterey County Clerk file
stamp;
Copy of the transmittal letter to the Monterey County Public Works Department;
City file in Planning and Building Inspection Department, containing copies of said
documents.
5. Finding:
Copies of the RDEIR were mailed on January 5, 2009, to all persons and entities who
were sent the Notice of Preparation, and all persons and entities who previously requested such
notice, all persons and entities who commented on the 2005 DEIR, and to Monterey County
Public Works.
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On or about January 5, 2009, City staff hand-delivered copies of the RDEIR for public
availability to the Harrison Memorial Library and to Copies-by-the-Sea, both located in Carmelby-
the-Sea. Copies of the RDEIR were also available at the City of Carmel-by-the-Sea Planning
Department at City Hall.
Evidence:
Certification of distribution of Notice of Availability/Notice of Completion;
January 2009 Notice of Availability/Notice of Completion;
City files in the City Clerk's office and Planning and Building Inspection Department,
containing copies of said documents, and address lists.
6. Finding: By the end of the comment period on February 18, 2009, the City
received 33 written comments from individuals and organizations for evaluation and response
pursuant to § 15088(a) of the CEQA Guidelines. In addition, the Planning Commission held a
hearing on February 11, 2009 and received oral comments from members of the public and the
Commission.
Evidence:
RFEIR containing copies of the comment letters, the transcript of the oral public
comments, and descriptions of the comments (Sections 3.0 and 4.0);
Agenda, Minutes and transcript of Flanders Mansion-related portion of Planning
Commission meeting of February 11, 2009;
City files in Planning and Building Inspection Department, containing copies of said
documents.
7. Finding: The City staff and consultant Denise Duffy & Associates reviewed
and evaluated the written and oral comments received during the comment period, and prepared
a good faith, reasoned analysis in response to such comments, including reasons why specific
comments and suggestions were not accepted.
Evidence:
RFEIR containing copies of the comment letters, the transcript of the oral public
comments, and descriptions of the comments (Sections 3.0 and 4.0);
Agenda, Minutes and transcript of Flanders Mansion-related portion of Planning
Commission meeting of February 11, 2009;
City files in Planning and Building Inspection Department, containing copies of said
documents.
8. Finding: On April 16, 2009, the City, through its consultant Denise Duffy &
Associates, completed the Recirculated Final EIR [“Recirculated Final EIR” or “RFEIR”] in
accordance with CEQA Guidelines section 15089, comprised of Responses to Comments,
including copies of the written comments received and a transcript of the oral comments
received at the Planning Commission hearing on February 11, 2009, and a section incorporating
revisions to the Recirculated Draft EIR in light of comments received, in accordance with CEQA
Guidelines section 15088(a)-(c). The RFEIR analyzes the environmental impacts of the Project,
including project, cumulative, growth-inducing and irreversible environmental impacts,
identifies and analyzes mitigation measures intended to reduce environmental impacts and
considers alternatives to the Project.
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The RFEIR incorporated by reference the complete RDEIR; collectively, therefore, the
RDEIR as modified by the RFEIR make up the final environmental document, and hereafter
where the RFEIR is referenced, the reference includes both the RFEIR and the RDEIR (as
modified by the RFEIR).
Evidence:
RFEIR, dated April 2009;
City files in City Clerk's office and Planning and Building Inspection Department,
containing a copy of the RFEIR dated April 2009.
9. Finding: On April 15, 2009, the City prepared a Notice of Release of
Recirculated Final Environmental Impact Report: Sale of Flanders Mansion Property, SCH
#2005011108, which was posted on and off the proposed project site and mailed to all persons
and entities who were sent the Notice of Preparation, all persons and entities who commented on
the 2005 DEIR, Monterey County Public Works, and all persons and entities who commented on
the 2009 RDEIR on April 16, 2009. Such Notice of Release was also provided to the Monterey
County Herald on April 16, 2009 for publication, which commenced on April 20, 2009.
Evidence:
Notice of Release of Recirculated Final Environmental Impact Report: Sale of Flanders
Mansion Property, SCH #2005011108, dated April 15, 2009;
A copy of the newspaper publication.
Certification of the posting, mailing and publication, containing a copy of the mailing
list, as above described.
City files in Planning and Building Inspection Department, containing copies of said
documents.
10. Finding: The modifications to the environmental document following the
public comments do not constitute significant new information added to the environmental
document under Public Resources Code section 21092.1, in accordance with the standards
described in CEQA Guidelines section 15088.5. After the modifications the EIR is not changed
in a way that deprives the public of a meaningful opportunity to comment upon a substantial
adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect
(including a feasible project alternative) that the project's proponents have declined to
implement. The modifications neither (1) disclose a new significant environmental impact
would result from the project or from a new mitigation measure proposed to be implemented, (2)
disclose a substantial increase in the severity of an environmental impact would result unless
mitigation measures are adopted that reduce the impact to a level of insignificance, (3) disclose a
feasible project alternative or mitigation measure considerably different from others previously
analyzed would clearly lessen the significant environmental impacts of the project, but the
project's proponents decline to adopt it, nor (4) disclose that the draft EIR was so fundamentally
and basically inadequate and conclusory in nature that meaningful public review and comment
were precluded. Recirculation is not required where the new information added to the EIR
merely clarifies or amplifies or makes insignificant modifications to an adequate EIR.
Responses to comments provided in RFEIR address significant environmental issues
raised by commenting public agencies, private organizations and individuals. New information
provided in the RFEIR in the response to comment format merely clarifies or amplifies
information in the RDEIR. The new information does not reveal that the project would cause
new significant impacts not previously identified in the RDEIR. A review of the new
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information does not indicate that there would be a substantial increase in the severity of an
environmental impact discussed in the RDEIR. Also, no significant new information has been
added that changes the EIR in a way that deprives the public of a meaningful opportunity to
comment upon a substantial adverse environmental effect of the project or a feasible way to
mitigate or avoid such an effect (including a feasible project alternative) that the City has
declined to implement. There is no feasible project alternative or mitigation measure considered
different from others previously analyzed that would clearly lessen the environmental impacts of
the project, but which the City has declined to implement.
Therefore, recirculation of the document following the responses to comments and
modifications to the RDEIR made following the public comments is not required, in accordance
with CEQA Guidelines section 15088.5, before certifying the Recirculated Final Environmental
Impact Report.
Evidence:
RDEIR;
RFEIR, Section 5.0;
Notice of Release of Recirculated Final Environmental Impact Report: Sale of Flanders
Mansion Property, SCH # 2005011108, dated April 15, 2009; and
All documents and other items and materials in all City files.
D. Project Decision-Making.
1. Review by Advisory Bodies.
a. Finding: On April 20, 2009, the Forest and Beach Commission held
a noticed public hearing and forwarded a recommendation to the Planning Commission that the
RFEIR is adequate per CEQA Guidelines section 15151 with respect to issues affecting the
Mission Trails Nature Preserve.
Evidence:
Public Notice of hearings, dated April 1, 2009, as amended April 7, 2009;
Forest and Beach Commission Agenda for hearing on April 20, 2009;
Forest and Beach Commission Minutes, dated April 20, 2009.
b. Finding: On April 20, 2009, the Historic Resources Board held a
noticed public hearing and forwarded a recommendation to the Planning Commission that the
RFEIR is adequate per CEQA Guidelines section 15151 with respect to issues affecting historic
resources and aesthetics. The Board also forwarded a recommendation that in mitigation #4.3-1,
the required Preservation Plan should be reviewed and approved by the Historic Resources
Board.
Evidence:
Public Notice of hearings, dated April 1, 2009, as amended April 7, 2009;
Historic Resources Board Agenda for April 20, 2009 hearing;
Historic Resources Board Minutes for April 20, 2009 hearing.
c. Finding: On April 23, 2009, the Planning Commission held a
noticed public hearing and made the following findings:
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(1) That the RFEIR is adequate per section 15151 of the CEQA
Guidelines;
(2) That sale of the Flanders Mansion property with Conservation
Easements and Mitigation for residential use or lease of the
Flanders Mansion property for residential use is consistent with the
General Plan;
(3) That the mitigations identified in the RFEIR should be adopted;
and
(4) That in Mitigation Measure 4.3-1, the required Preservation Plan
should be reviewed and approved by the Historic Resources Board.
Evidence:
Public Notice of hearings, dated April 1, 2009, as amended April 7, 2009;
Planning Commission Agenda for April 23, 2009 hearing;
Planning Commission Minutes for April 23, 2009 hearing.
E. City Council Consideration of Consistency with General Plan and Other Planning
Policies, Goals and Objectives.
1. Finding:
California Government Code requires that each decision made by the City be consistent
with its General Plan. (Govt. Code, §§ 65000 et seq., 65300.)
Evidence:
Govt. Code, §§ 65000 et seq., 65300.
2. Finding:
In the writ proceedings, the Petition challenged the City’s determination that the sale of
the Flanders Mansion was considered consistent with the City’s adopted General Plan/Coastal
Land Use Plan. After ruling the project site is parkland, the Court found that the City acted
within its discretionary authority in determining the project was consistent with the General
Plan.
The RDEIR was updated to accurately reflect the parkland status. The City’s
consideration and findings of General Plan consistency also have been updated to reflect the
parkland status of the property, as shown in Findings made in this section E.1, below.
Evidence:
Resolution 2005-56;
Amended Judgment filed August 10, 2007, incorporating February 23, 2007 Intended
Decision;
RDEIR;
RFEIR.
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3. Finding:
The General Plan and the Mission Trail Nature Preserve Master Plan contemplate that the
Flanders Mansion property may be sold, in policy numbers P5-141, P5-142, and P5-143.
Policy P5-141 provides with respect to the Flanders Mansion property (also known as the
“Outlands” property):
“P5-141 If retained by the City, preserve the Outlands property and grounds
at Mission Trail Nature Preserve consistent with its status as a nationally
registered historical resource.”
Policy P5-142 provides with respect to the Flanders Mansion property:
“P5-142 If retained by the City, utilize the Outlands property at Mission
Trail Nature Preserve in a manner beneficial to the residents of Carmel-by-the-
Sea while minimizing its expense to the City.”
Policy P5-143 provides with respect to the Flanders Mansion property:
“P5-143 If retained by the City, support uses at the Outlands property that
are compatible with its location in Mission Trail Nature Preserve and adjacent to
the Rowntree Native Plant Garden and Hatton Road neighborhood.”
Thus, these planning policies anticipate a sale of the Flanders Mansion property and
name this property specifically.
Evidence:
General Plan.
Mission Trail Nature Preserve Master Plan.
RDEIR, pp. 4.4-1 to 4.4-8
4. Finding:
The RFEIR identified that, because a sale of the Flanders Mansion property would result
in the permanent loss of parkland, it has the potential to conflict with certain goals, objectives
and policies identified in the City of Carmel-by-the-Sea General Plan/Coastal Land Use Plan
intended on minimizing impacts to parkland and promoting public use of publicly owned
parkland.
Those General Plan goals, objectives and policies are: Goal G5-6, Policy P5-46, Policy
P5-107 and Objective O5-21.
Evidence:
RDEIR Section 4.4, Land Use, Impact, at pp. 4.4-1 through 4.4-8;
RFEIR, at pp. 5-18 to 5-19.
5. Finding:
Mitigation measures have been proposed and are being adopted in a Mitigation
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Monitoring and Reporting Program, by companion action, 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, which reduce to
a less-than-significant level the impacts on views, aesthetics, trail access, the Lester Rowntree
Native Plant Garden and the historic resource of the Flanders Mansion itself which could result
from sale of the Flanders Mansion property parkland. Those impacts are identified in sections
4.1, 4.2, 4.3, 4.5 and 4.6, and the mitigation measures are numbered 4.1-1 through 4.1-5, 4.2-1
through 4.2-6, 4.3-1 through 4.3-4, 4.4-1, 4.5.1, and 4.6-1 through 4.6-3. An additional
mitigation measure, 4.4-1, is also being adopted to lessen the impact of the sale of parkland on
land use policies; those impacts are discussed in section 4.4 of the EIR.
Findings and rationale for each impact identified in the EIR are also contained in this
Resolution, A Resolution Certifying the Recirculated Final Environmental Impact Report for the
Sale of the Flanders Mansion Property.
Evidence:
RDEIR, Sections 4.1 through 4.6.
RFEIR, Section 5.0, pp. 5-13 through 5-21;
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, to be adopted this day.
6. Finding:
The RFEIR identified that a sale of the Flanders Mansion property was potentially
inconsistent with General Plan Goal G5-6. This policy states:
“G5-6: Preserve and acquire open space and parks.”
Evidence:
General Plan;
RDEIR, at pp. 4.4-1 through 4.4-8;
RFEIR, at pp. 5-18 to 5-19.
7. Finding:
The proposed project does not conflict with Goal G5-6 and, therefore, this impact will
not occur.
Rationale:
Goal G5-6 is a general statement recognizing that open space and parks are of value to
the City and that they should be preserved and made available for the citizens and visitors to the
City. A sale of the Flanders Mansion property would represent a loss of approximately 2% of all
parkland with City limits. This represents a very small area relative to other designated and
developed public parkland in the City. Sale would not prevent implementation of this goal citywide
or in the future. The General Plan contains other policies that anticipate a sale of the
Flanders Mansion property and name this property specifically.
A sale of the Flanders Mansion property must be viewed within the context of all
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parklands within the City. Within a City-wide context the various policies in the City’s General
Plan are not necessarily in conflict, and the planning policies may support the preservation of
parks and open space, conservation and recreation in general terms while permitting a sale of
parkland at a specific site. Viewed in this larger context, selling the Flanders Mansion property
would not be inconsistent with the General Plan. This rationale is consistent with the City
Council decision in 2005 which was upheld by the Superior Court as being within the discretion
of the City.
Within a smaller, site-specific context, the mitigations reduce the potential for a General
Plan conflict. The Flanders Mansion property is an important site. Although it represents just
2% of Carmel’s total parkland, it provides a disproportionally large number of benefits and is an
integral part of the Mission Trails Nature Preserve. With an unmitigated sale, these park benefits
would be lost or significantly diminished. The mitigation measures referenced above
substantially lessen impacts on views, aesthetics, historic preservation and trail access. The
mitigation measures, therefore, reduce the potential conflict with the General Plan policies.
Viewed in this site-specific context, the proposed project of a straight sale would be less
consistent than a sale with mitigations. The Sale with Conservation Easements and Mitigations
Alternative substantially lessens the environmental impacts, according to the RFEIR, and,
therefore, would be the most consistent with the planning policies.
This rationale is consistent with the City Council decision in 2005 which was upheld by
the Superior Court as being within the discretion of the City.
Evidence:
General Plan policies, goals and objectives numbered G5-6, P5-46, P5-107 and O5-21,
P5-141, P5-142 and P5-143;
Minutes of Planning Commission hearing of April 23, 2009.
8. Finding:
Mitigation measures have been proposed and are being adopted in a Mitigation
Monitoring and Reporting Program, by companion action, 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, which reduce to
a less-than-significant level the impacts on views, aesthetics, trail access, the Lester Rowntree
Native Plant Garden and the historic resource of the Flanders Mansion itself which could result
from sale of the Flanders Mansion property parkland. Those impacts are identified in sections
4.1, 4.2, 4.3, 4.5 and 4.6, and the mitigation measures are numbered 4.1-1 through 4.1-5, 4.2-1
through 4.2-6, 4.3-1 through 4.3-4, 4.4-1, 4.5.1, and 4.6-1 through 4.6-3. An additional
mitigation measure, 4.4-1, is also being adopted to lessen the impact of the sale of parkland on
land use policies; those impacts are discussed in section 4.4 of the EIR.
Findings and rationale for each impact identified in the EIR are also contained in this
Resolution, A Resolution Certifying the Recirculated Final Environmental Impact Report for the
Sale of the Flanders Mansion Property.
Evidence:
RDEIR, Sections 4.1 through 4.6.
RFEIR, Section 5.0, pp. 5-13 through 5-21;
A Resolution Adopting a Mitigation Monitoring and Reporting Program, Conditions of
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Sale, a Declaration of Conditions, Covenants and Restrictions to Be Recorded Against
the Property, and Conditions of Lease, to be adopted this day.
9. Finding:
The RFEIR identified that a sale of the Flanders Mansion property was potentially
inconsistent with General Plan Goal G5-6. This policy states:
“G5-6: Preserve and acquire open space and parks.”
Evidence:
General Plan;
RDEIR, at pp. 4.4-1 through 4.4-8;
RFEIR, at pp. 5-18 to 5-19.
The proposed project does not conflict with Goal G5-6 and, therefore, this impact will
not occur.
Rationale:
Goal G5-6 is a general statement recognizing that open space and parks are of value to
the City and that they should be preserved and made available for the citizens and visitors to the
City. A sale of the Flanders Mansion property would represent a loss of approximately 2% of all
parkland with City limits. This represents a very small area relative to other designated and
developed public parkland in the City. Sale would not prevent implementation of this goal citywide
or in the future. The General Plan contains other policies that anticipate a sale of the
Flanders Mansion property and name this property specifically.
A sale of the Flanders Mansion property must be viewed within the context of all
parklands within the City. Within a City-wide context the various policies in the City’s General
Plan are not necessarily in conflict, and the planning policies may support the preservation of
parks and open space, conservation and recreation in general terms while permitting a sale of
parkland at a specific site. Viewed in this larger context, selling the Flanders Mansion property
would not be inconsistent with the General Plan. This rationale is consistent with the City
Council decision in 2005 which was upheld by the Superior Court as being within the discretion
of the City.
Within a smaller, site-specific context, the mitigations reduce the potential for a General
Plan conflict. The Flanders Mansion property is an important site. Although it represents just
2% of Carmel’s total parkland, it provides a disproportionally large number of benefits and is an
integral part of the Mission Trails Nature Preserve. With an unmitigated sale, these park benefits
would be lost or significantly diminished. The mitigation measures referenced above
substantially lessen impacts on views, aesthetics, historic preservation and trail access. The
mitigation measures, therefore, reduce the potential conflict with the General Plan policies.
Viewed in this site-specific context, the proposed project of a straight sale would be less
consistent than a sale with mitigations. The Sale with Conservation Easements and Mitigations
Alternative substantially lessens the environmental impacts, according to the RFEIR, and,
therefore, would be the most consistent with the planning policies.
This rationale is consistent with the City Council decision in 2005 which was upheld by
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the Superior Court as being within the discretion of the City.
Evidence:
General Plan policies, goals and objectives numbered G5-6, P5-46, P5-107 and O5-21,
P5-141, P5-142 and P5-143;
Minutes of Planning Commission hearing of April 23, 2009.
10. Finding:
The RFEIR identified that a sale of the Flanders Mansion property was potentially
inconsistent with General Policy P5-46. This policy states:
“P5-46: Preserve and protect areas within the City’s jurisdiction, which due to their
outstanding aesthetic quality, historical value, wildlife habitats or scenic viewsheds,
should be maintained in permanent open space to enhance the quality of life. Such
acquired areas would be left in a natural state or restored for aesthetic and/or wildlife
purposes.”
Evidence:
General Plan
RDEIR, pp. 4.4-1 through 4.4-8;
RFEIR, pp. 5-18 to 5-19.
11. Finding:
The proposed project does not conflict with Policy P5-46 and, therefore, this impact will
not occur.
Rationale:
Policy P5-46 is only partially relevant to the Flanders Mansion property. The property is
developed with a building and the grounds are either paved or planted in an unnatural landscape.
The policy intent of leaving acquired properties “in a natural state or restored for aesthetic and/or
wildlife purposes” is therefore less relevant than would be the case for undeveloped property.
However, the Flanders Mansion property is of historical value and it should be restored for its
aesthetic value to the City as a historical resource. A sale of the property with proposed
mitigations 4.3-1, 4.3-2 and 4.3-3 will result in a full historical restoration of the property
consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
General Plan policy does not require the City to undertake this restoration, nor does it require
that the City maintain ownership of the property. The policy intent of “preserving and protecting
areas within the City’s jurisdiction which due to their aesthetic quality, [or] historic value should
be maintained … or restored for aesthetic … purposes” will be met.
This rationale is consistent with the City Council decision in 2005 which was upheld by
the Superior Court as being within the discretion of the City.
Evidence:
General Plan policies, goals and objectives numbered G5-6, P5-46, P5-107 and O5-21,
P5-141, P5-142 and P5-143;
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RDEIR, Mitigation Measures 4.3-1 through 4.3-3.
Mitigation Monitoring and Reporting Program
Minutes of Planning Commission hearing of April 23, 2009.
12. Finding:
The RFEIR identified that a sale of the Flanders Mansion property was potentially
inconsistent with General Policy P5-107. This policy states:
“P5-107: Provide for public access and passive enjoyment of City parks and open
space.”
Evidence:
RDEIR, pp. 4.4-1 through 4.4-8;
RFEIR, pp. 5-18 to 5-19;
General Plan.
13. Finding:
A sale of Flanders Mansion does not conflict with Policy P5-107 and, therefore, this
impact will not occur.
Rationale:
Policy P5-107 is a general statement directing that there should be public access to parks
and open space to enable passive enjoyment by the Carmel’s citizens and visitors. A sale of the
Flanders Mansion property would represent a loss of approximately 2% of all parkland with City
limits. This represents a very small area relative to other designated and developed public
parkland in the City. There are five other entrances to the Mission Trails Nature Preserve.
There also nine other designated parks and open spaces within Carmel City limits. With the
exception of Pescadero Park (which has no access because it is being preserved as a natural open
space), each has adequate public access and each can be enjoyed for passive use by the public.
Likewise, most of the Mission Trail Nature Preserve, including the Lester Rowntree Native Plant
Garden, will remain available for public enjoyment and, with the mitigation measures being
adopted, many of the park benefits of the Flanders Mansion property which the public has
enjoyed will be adversely impacted at a less-than-significant level. Sale would not prevent
implementation of this policy city-wide or in the future. This policy does not specifically
prohibit the sale of the Flanders Mansion property. The General Plan contains other policies that
anticipate a sale of the Flanders Mansion property and name this property specifically.
A sale of the Flanders Mansion property must be viewed within the context of all
parklands within the City. The Plan can support the provision of access to and enjoyment of,
parks and open space in general terms while permitting a sale of parkland at a specific site.
Viewed in this larger context, selling the Flanders Mansion property would not be inconsistent
with General Plan policy P5-107. The RDEIR identified that a sale of the Flanders Mansion
property is likely to remove from public use one entry to the park from Hatton Road. It also is
likely to remove from public use a connection between the two trails. Proposed mitigation
measures 4.5-1 will require that the City provide replacement trail access on the north side of the
driveway and a connecting trail as shown on RDEIR Figure 4.5-1.
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Please see also further findings and rationale at Sections E.1.f-i.
This rationale is consistent with the City Council decision in 2005 which was upheld by
the Superior Court as being within the discretion of the City.
Evidence:
General Plan policies, goals and objectives numbered G5-6, P5-46, P5-107 and O5-21,
P5-141, P5-142 and P5-143;
Minutes of Planning Commission hearing of April 23, 2009.
14. Finding:
The RFEIR identified that a sale of the Flanders Mansion property was potentially
inconsistent with General Objective O5-21. This Objective states:
“O5-21: Optimize public use of City parks.”
Evidence:
RDEIR, pp. 4.4-1 through 4.4-8;
RFEIR, pp. 5-18 to 5-19;
General Plan.
15. Finding:
A sale of the Flanders Mansion does not conflict with General Plan Objective O5-21 and,
therefore, this impact will not occur.
Rationale:
General Plan Objective O5-21 is a general statement directing that the public’s use of
City parks should be optimized. The Flanders Mansion property provides for passive
recreational use on the Mansion grounds, serves as a destination within the Preserve, provides
informal public parking and enables an undesignated through-route between trails within the
Preserve. All of these features help to optimize public use of the Preserve. A sale of the
Flanders Mansion property is likely to result in a loss of public use of the property for passive
use, a loss of the informal parking area and a loss of public access to the trail linkages. Proposed
mitigation measures 4.1-1 through 4.1-5, 4.3-1 through 4.4, 4.5-1, and 4.6-1 through 4.6-3 will
partially address these issues. Parking for three vehicles will be provided and new trail access at
two locations will be provided. Any remaining loss of optimization is acceptable within the
larger context of the Preserve and other parkland throughout the City. The Flanders Mansion
property represents a very small area relative to other designated and developed public parkland
in the City. The City has done an excellent job of optimizing public use of parks through its past
actions. A sale would not prevent implementation of this Objective city-wide or in the future.
This Objective does not specifically prohibit the sale of this specific property. The General Plan
contains other policy statements that anticipate a sale of the Flanders Mansion property and
name this property specifically.
Please see also further findings and rationale at Sections E.1.f-g and j-k.
This rationale is consistent with the City Council decision in 2005 which was upheld by
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the Superior Court as being within the discretion of the City.
Evidence:
RDEIR, Sections 4.1 through 4.3 and 4.5 through 4.6, and pp. 4.4-1 through 4.4-8;
RFEIR, pp. 5-13 through 5-21.
Mitigations 4.1-1 through 4.1-5, 4.3-1 through 4.4, 4.5-1, and 4.6-1 through 4.6-3;
General Plan.
16. Finding:
None of the four referenced planning policies specifically prohibit the sale of the
Flanders Mansion property.
Evidence:
General Plan policies, goals and objectives numbered G5-6, P5-46, P5-107.
17. Finding:
On April 23, 2009, the Planning Commission of the City of Carmel-by-the-Sea reviewed
the proposed project and each alternative. The Commission found that the sale of the Property
with Conservation Easements and Mitigation (Alternative 6.5) for residential use and lease of
the property for residential use are consistent with the General Plan.
Evidence:
Planning Commission Minutes dated April 23, 2009.
F. City Council Consideration of Reasonable Range of Alternatives.
1. Finding: The City finds that the RFEIR considered a reasonable range of
alternatives to the Proposed Project which would attain the Project Objectives to the greatest
extent feasible, as described fully in the RFEIR and further addressed below, and avoid or
substantially lessen the significant effects of the Project. The four alternatives fully analyzed in
the RFEIR included: No Project Alternative (RFEIR section 6.3), Lease Alternative #1: Single-
Family Residence Alternative (RFEIR section 6.4), Lease Alternative #2: Public or Quasi-
Public/Nonprofit Alternative (RFEIR section 6.4), Sale Option: Sale with Conservation
Easements and Mitigation Alternative (RDEIR Section 6.5). The City finds that the Project and
the project site have unique characteristics that make the selection of a suitable alternative site
difficult.
The City finds that the RFEIR examined in detail those alternatives which could most
closely attain the Project Objectives, and that the selection of the alternatives analyzed provided
sufficient information to the City to permit a reasoned choice for alternatives to the Proposed
Project. In accordance with section 15126.6(a) of the CEQA Guidelines, an EIR shall describe a
range of reasonable alternatives to the project, or to the location of the project, which would
feasibly attain most of the basic objectives of the project but would avoid or substantially lessen
the significant impacts of the project. The No Project alternative would reduce the impacts
compared to the Proposed Project; however, it does not effectively meet the project objectives
and therefore would not be feasible, as it applies to these Findings as it does not meet the basic
project objective of the project.
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Evidence:
RDEIR, pp. 6-1 through 6-19.
2. Finding: The City finds that the RFEIR adequately addresses alternatives
eliminated from the detailed analysis, providing a summary explaining why the alternatives were
eliminated from further discussion and referencing the 2005 DEIR for a full explanation of the
alternatives considered. In addition, for those alternatives selected for further evaluation, the
ability of each alternative to reduce potential impacts is discussed and the RFEIR identifies that
the alternatives chosen for this analysis were developed to avoid or substantially reduce the
significant impacts associated with the proposed project.
Evidence:
RDEIR, pp 6-1 through 6-3, matrix on p 6-4.
a. No Project Alternative (RFEIR section 6.3): Achievement of Project
Objectives
Finding: The RFEIR found that the No Project Alternative achieves the project
objectives to the following extent:
“The No Project Alternative would fail to meet the primary project objective of
divestment of the Flanders Mansion property by the City of Carmel-by-the-Sea. In addition to
failing to meet the primary project objective, this alternative would only meet some of the
secondary objectives identified by the City. This alternative would ensure that: 1) use of the
property would not significantly disrupt the public’s enjoyment of the Mission Trail Nature
Preserve or the Lester Rowntree Arboretum [Secondary Project Objective number 4]; 2)
environmental resources located within the Mission Trail Nature Preserve are protected
[Secondary Project Objective number 5]; 3) the property would continue to provide a maximum
benefit to the general public [Secondary Project Objective number 6]; and 4) the property would
minimize impacts on the surrounding residential neighborhood [Secondary Project Objective
number 3]. This alternative would fail to meet secondary objectives related to ensuring that the
building is put to productive use [Secondary Project Objective number 2]. In addition, it is also
assumed that this alternative would only partially achieve secondary objectives related to historic
preservation [Secondary Project Objective number 1].”
The description of the No Project alternative describes how the secondary objectives
related to historic preservation would be “partially achieve[d]”: “This analysis assumes that the
City of Carmel-by-the-Sea would continue to implement necessary improvements to comply
with the Superior Court’s ruling regarding deferred maintenance of the Mansion, requiring the
City to implement reasonable interim measures as necessary to avoid further significant
deterioration of the Mansion. This alternative assumes that no additional facility upgrades
beyond those required by the Superior Court ruling would be implemented.”
The interim maintenance measures required by the Superior Court will prevent further
significant deterioration, but would not achieve any rehabilitation or restoration of the Flanders
Mansion, as outline by ARG's report, which contains a list of work necessary to fully-restore the
building in accordance with historic preservation standards. Further, this alternative would not
result in a fully occupied building or an owner occupied home such as provided in Alternatives
evaluating sale of the Mansion. The City finds that the ownership of the structure, with an
occupied use, provides for greater protection to an historic resource and hands-on full time
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occupants to ensure maintenance, a protect against potential deterioration and provide long-term
rehabilitation or restoration.
The primary project objective is divestment of the property which will reduce City costs,
including costs identified for current needs and potential costs for major maintenance concerns
in the future based upon the age and condition of the building,. An important secondary
objective is protection of an identified historic resource in a residential neighborhood over the
long term. The property is within a natural resource area and surrounded by a single-family
neighborhood. The City found that intensive uses of the site are not compatible uses for the site
in both the 2005 EIR and public hearings and in testimony and documentation for the 2009
proceedings. The No project alternative would not be able to meet the requirements of long term
protection of the historic resource within a single family neighborhood and parkland and would
not resolve a City issue that has been debated for over 30 years.
Evidence:
RDEIR, pp. 6-4 through 6-7.
Amended Judgment, including the Intended Decision.
Peremptory Writ of Mandate.
Return documents (filed December 7, 2007, January 8, 2008, and October 30, 2008).
b. Lease Alternative #1: Single-Family Residence Alternative (RFEIR
section 6.4): Achievement of Project Objectives
Finding: The RFEIR found that the Lease as Single-Family Residence Alternative
achieves the project objectives to the following extent:
“This alternative would not meet the primary project objective, divestment of the
Flanders Mansion property. However, retention of the Flanders Mansion property by the City
for the purposes of lease as a single-family residence would achieve some of the secondary
objectives associated with the proposed project. Specifically, through conditions of lease and
applicable mitigation measures, this alternative would ensure the long-term preservation of the
Mansion as a historic resource, as well as the protection of natural resources located within the
Mission Trail Nature Preserve. This alternative would also minimize potential traffic related
impacts and would achieve secondary project objectives related to the minimization of traffic
impacts on the surrounding residential neighborhoods. However, this alternative would fail to
meet secondary objectives related to maintaining as many park benefits as possible. Despite
being retained by the City, the erection of fencing or other similar exterior elements would
eliminate existing access to the Property by the general public during the term of the lease and,
therefore, would eliminate or significantly reduce existing park benefits associated with the
Flanders Mansion Property. Although failing to meet the primary project purpose, this
alternative would achieve some of the secondary project objectives.”
By companion action this day, in A Resolution Adopting Statement of Overriding
Considerations, the City Council determined that the lease for single family residential use
alternative would not feasibly accomplish the basic Project Objectives in a successful manner
due to economic, social, legal and other factors. The City Council also found that, because the
benefits of the Sale with Conservation Easements and Mitigation specifically-identified in the
Statement of Overriding Consideration outweigh the significant, unavoidable environmental
effects of that project for implementation, the environmental risks are acceptable.
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Evidence:
RDEIR, pp. 6-9 to 6-10.
A Resolution Adopting a Statement of Overriding Considerations, to be adopted this day.
c. Lease Alternative #2: Public or Quasi-Public/Nonprofit Alternative
(RFEIR section 6.4): Achievement of Project Objectives.
Finding: The RFEIR found that the Lease for Public or Quasi-Public (i.e.,
nonprofit) use Alternative achieves the project objectives to the following extent:
“This alternative would fail to meet the primary project objective, divestment of the
Flanders Mansion property. However, retention of the Flanders Mansion property for the
purposes of lease as a low intensity public/quasi-public use would achieve most of the secondary
project objectives. Specifically, through conditions of lease and applicable mitigation measures,
this alternative would ensure the long-term preservation of the Mansion as a historic resource, as
well as the preservation of environmental resources located within the Mission Trail Nature
Preserve. This alternative would also better achieve objectives related to minimizing impacts to
the Mission Trail Nature Preserve and Lester Rowntree Arboretum. Based on the assumptions
utilized for this analysis, this alternative would eliminate or reduce existing park benefits
associated with the property by introducing exterior elements that would result in physical
changes to the Property. This alternative, while consistent with the historic uses associated with
the Flanders Mansion, would not achieve objectives related to the minimization of traffic
impacts on the surrounding residential neighborhoods. Mitigation would be necessary to restrict
any future public/quasi-public use to those low-intensity land uses that are consistent with the
historical use of the Property since being acquired by the City.”
By companion action this day, in A Resolution Adopting Statement of Overriding
Considerations, the City Council determined that the lease for public or quasi-public use
alternative would not feasibly accomplish the basic Project Objectives in a successful manner
due to economic factors. The City Council also found that, because the benefits of the Sale with
Conservation Easements and Mitigation specifically-identified in the Statement of Overriding
Consideration outweigh the significant, unavoidable environmental effects of that project for
implementation, the environmental risks are acceptable.
Evidence:
RDEIR, pp. 6-12 to 6-13.
A Resolution Adopting a Statement of Overriding Considerations, to be adopted this day.
d. Sale Option: Sale with Conservation Easements and Mitigation
Alternative (use unspecified as defined EIR, so includes SFR or Non-
Profit) (RDEIR Section 6.5): Achievement of Project Objectives
Finding: The RFEIR found that the Sale with Conservation Easements and
Mitigation Alternative achieves the project objectives:
Implementation of this alternative would achieve the primary project objective, in
addition to the majority of the secondary project objectives associated with the proposed project.
This alternative minimizes potential impacts due to loss of parkland, including park benefits
associated with the Property, and impacts to biological resources. This alternative assumes that
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the Flanders Mansion property would be utilized for either single family residential purposes or
a low-intensity public/quasi-public use, such as offices for a non-profit or similar. Depending on
the future use of the subject property, this alternative would also partially meet project objectives
related to minimizing impacts on the surrounding neighborhood. This alternative would satisfy
secondary project objectives related to minimizing impacts to the Lester Rowntree Arboretum
and the Mission Trail Nature Preserve, and it would ensure that the Property continues to
provide park benefits to the general public.”
With the easements and mitigation described in this alternative and to be adopted and
required in the Mitigation Monitoring and Reporting Program, this Alternative achieves to a
better extent than the proposed project of sale without such easements and mitigations, the
project's secondary project objectives of ensuring that the future use of the Flanders Mansion and
property will not cause significant traffic, parking or noise impacts on the surrounding
neighborhood (number 3), ensuring that future use will not significantly disrupt the public's
enjoyment of the Mission Trail Nature Preserve or the Lester Rowntree Native Plant Garden,
also known as the Arboretum (number 4), ensuring that the environmental resources of the park
are protected (number 5), and ensuring that the Flanders Mansion parcel continues to provide the
public with as many park benefits as are practical (number 6).
Evidence:
RDEIR, p. 6-16.
RDEIR, pp. 6-13 to 6-17.
Mitigation Monitoring and Reporting Program, to be adopted this day by 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 files in Planning and Building Inspection Department, containing copies of said
documents.
G. Environmental Impacts and Mitigation Measures.
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). 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.
The CEQA Guidelines section 15091(a) requires that, for each significant effect
identified in a final EIR, the lead agency (the City here) must make one of the following three
written findings supported by substantial evidence in the record, and must provide a rationale for
each finding:
(1) Changes have been incorporated in the project to avoid or substantially lessen
the identified significant environmental effect.
(2) The changes are within the jurisdiction of another agency and the changes
have been or should be adopted by that other agency.
(3) Specific considerations which make infeasible the alternatives identified in the
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final EIR.
The City finds that the mitigation measures identified in the DEIR as mitigating
potentially significant impacts to a less than significant level, do in fact mitigate those impacts to
a less than significant level.
1. EIR Section 4.1. Aesthetics.
1. Impact:
Sale of the Flanders Mansion Property would obstruct public access to two (2) public
viewing locations, which are considered scenic vistas, adjacent to the Flanders Property. This is
considered a potentially significant impact that can be reduced to a less-than-significant level
through the incorporation of the following mitigation measure.
(1) Mitigation Measure 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.
(2) Mitigation Measure 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.
Finding:
The City Council finds that, by adopting and imposing Mitigation Measures 4.1-1 and
4.1-2 as identified in the RFEIR and shown in the Mitigation Monitoring and Reporting
Program, changes or alterations have been required in, or incorporated into, the project which
will avoid or substantially lessen the significant environmental impact on public access to scenic
vistas adjacent to the Flanders Mansion as identified and analyzed in the RFEIR.
Rationale:
Adoption of these Mitigation Measures to address this impact is justified by the
explanation of the environmental impact and the development and purpose of the mitigation
measures in the RFEIR. Adoption of these Mitigation Measures in further justified because he
RFEIR includes an analysis of the most significant, publicly accessible scenic vistas located in
the vicinity of the Flanders Mansion property. These are documented and analyzed in Section 4.1
of the RFEIR. This analysis was based on site visits, photographs and a standard methodology
for evaluating scenic vistas, as explained in the RFEIR. Without mitigation 4.1-1, public access
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to these locations will be obstructed. 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.
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.
Evidence:
The record of the environmental proceedings including the RDEIR in Section 4.1, Table
4.1-5 and Mitigation Measures 4.1-1 and 4.1-2;
RDEIR, Section 4.1, Mitigation Measures 4.1-1 and 4.1-2, at pp. 4.1-1 through 4.1-6;
Mitigation Monitoring and Reporting Program, to be adopted this day by 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.
b. Impact:
Sale of the Flanders Mansion Property could result in indirect impacts to two (2) public
viewing locations, considered scenic vistas, due to exterior changes, tree removal, perimeter
fencing, and similar. This is considered a potentially significant impact that can be reduced to a
less-than-significant level through the incorporation of the following mitigation measure.
(1) Mitigation Measure 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.
Finding:
The City Council finds that, by adopting and imposing Mitigation Measure 4.1-3 as
identified in the RFEIR and shown in the Mitigation Monitoring and Reporting Program,
changes or alterations have been required in, or incorporated into, the Project which will avoid or
substantially lessen the significant environmental impact on aesthetics identified and analyzed in
the RFEIR (and as identified above).
Rationale:
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Adoption of these Mitigation Measures to address this impact is justified by the
explanation of the environmental impact and the development and purpose of the mitigation
measures in the RFEIR. Adoption of these Mitigation Measures in further justified because sale
of the Flanders Mansion property may result in an indirect impact resulting from the new owner,
or a successor, installing exterior improvements and or removing trees on the property. These
changes could impact two public viewing areas documented in the RFEIR in section 4.1. 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-bythe-
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 Measure 4.3-1. This mitigation measure shall be incorporated
as a future condition of sale or lease agreement and shall run with the land.
Evidence:
The record of the environmental proceedings including the RFEIR in the Aesthetics
Section, and Mitigation Measure 4.1-3;
RDEIR, Section 4.1, Mitigation Measure 4.1-3, at pp. 4.1-7 through 4.1-13;
Mitigation Monitoring and Reporting Program, to be adopted this day by 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.
c. Impact:
Sale of the Flanders Mansion Property could result in indirect impacts to the existing
visual character of the Mission Trail Nature Preserve, the Lester Rowntree Arboretum, and the
Flanders Property itself due to exterior changes to the property. This is considered a potentially
significant impact that can be reduced to a less-than-significant level through the incorporation
of the following mitigation measure.
(1) Mitigation Measure 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
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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.
Finding:
The City Council finds that, by adopting and imposing Mitigation Measure 4.1-4 as
identified in the RFEIR and shown in the Mitigation Monitoring and Reporting Program,
changes or alterations have been required in, or incorporated into, the Project which will avoid or
substantially lessen the significant environmental impact on aesthetics identified and analyzed in
the RFEIR (and as identified above).
Rationale:
Adoption of these Mitigation Measures to address this impact is justified by the
explanation of the environmental impact and the development and purpose of the mitigation
measures in the RFEIR. Adoption of these Mitigation Measures in further justified because
potential indirect impacts associated with future use of the Flanders property will be mitigated to
a less-than-significant level. The Mitigation Measure and Mitigation Monitoring and Reporting
Program require that 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 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. Any such exterior element shall
comply with the requirements set forth in the Mitigation Measure, 4.1-4. This measure shall be
incorporated as a condition of sale or lease agreement and shall be recorded as part of the
Mitigation Monitoring and Reporting Program in covenants to run with the land.
Evidence:
The record of the environmental proceedings including the RFEIR in Aesthetics Section,
and Mitigation Measure 4.1-4;
RDEIR, Section 4.1, Mitigation Measure 4.1-4, at pp. 4.1-14 through 4.1-16;
Mitigation Monitoring and Reporting Program, to be adopted this day by A Resolution
Adopting a Mitigation Monitoring and Reporting Program, Conditions of Sale, a
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Declaration of Conditions, Covenants and Restrictions to Be Recorded Against the
Property, and Conditions of Lease.
d. Impact:
Future use of the Flanders Mansion could create additional sources of light or glare
beyond the historical use of the property. Increased sources of light and glare could impact
adjacent parkland. This is considered a potentially significant impact that can be reduced to a
less-than-significant level through the incorporation of the following mitigation measure.
(1) Mitigation Measure 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.
Finding:
The City Council finds that, by adopting and imposing Mitigation Measure 4.1-5 as
identified in the RFEIR and shown in the Mitigation Monitoring and Reporting Program,
changes or alterations have been required in, or incorporated into, the Project which will avoid or
substantially lessen the significant environmental impact on aesthetics identified and analyzed in
the RFEIR (and as identified above).
Rationale:
Adoption of these Mitigation Measures to address this impact is justified by the
explanation of the environmental impact and the development and purpose of the mitigation
measures in the RFEIR. Adoption of these Mitigation Measures at section 4.1-5 (RDEIR at p.
4.1-6) is further justified because the measure is designed to minimize potential excess glare and
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lighting, including exterior lighting though a series of detailed lighting plan requirements subject
to review and approval by the City. The standards are those used in the R-1 (residential) district
and are specific to the reduction of potential light bleed and glare onto adjacent properties or
public rights-of-way, limitation of illumination distances (one footcandle), and limitation on
high intensity type lighting (e.g., flashing and blinking lights).
Evidence:
The record of the environmental proceedings including the RFEIR in Aesthetics Section,
and Mitigation Measure 4.1-5;
RDEIR, Section 4.1, Mitigation Measure 4.1-5, at p. 4.1-16;
Mitigation Monitoring and Reporting Program, to be adopted this day by 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.
2. EIR Section 4.2, Biological Resources.
a. Impact:
Due to the proximity of the Flanders Mansion Property to ESHA, the proposed project
may result in future uses that may impact special-status plant and wildlife resources due to
construction activities, such as vegetation removal or ground disturbance. This is considered a
potentially significant impact that can be reduced to a less-than-significant level through the
incorporation of the following mitigation measures.
(1) Mitigation Measure 4.2-1
In order to ensure that impacts to special-status plant species are less-than-significant,
spring-time 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).
(2) Mitigation Measure 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).
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• 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.
(3) Mitigation Measure 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.
(4) Mitigation Measure 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.
(5) Mitigation Measure 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
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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.
(6) Mitigation Measure 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.
Finding:
The City Council finds that by adopting and imposing Mitigation Measures 4.2-1, 4.2-2,
4.2-3, 4.2-4. 4.2-5 and 4.2-6 changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant environmental impact on
biological resources as identified in detail in the RDEIR at pages 4.2-1 to 4.2-14.
Rationale:
Adoption of these Mitigation Measures to address this impact is justified by the
explanation of the environmental impact and the development and purpose of the mitigation
measures in the RFEIR. Adoption of these Mitigation Measures in further justified because the
RFEIR provides a detailed review and reconnaissance of the wildlife, botanical and sensitive
habitat in the biological resources section of the report and recognizes that the areas surrounding
the Flanders Mansion are considered a Environmentally Sensitive Habitat Areas (ESHA) and
buffer. An update to the Biological Assessment undertaken by Denise Duffy and Associates in
2005 was prepared in 2008 and found no significant changes onsite or in the project vicinity
since the assessment was last prepared. These Biological Assessments are included within the
RDEIR as Appendix C [2005] and Appendix D [2008]. The RDEIR reviews and analyzes
Habitat Types on the property (Planted Areas/Lawn, Monterey Pine Forest) (see Fig. 4.2-1
[Flanders Mansion Property Habitat Types], Special-Status Species (Hickman’s Onion, Monarch
Butterfly, Monterey dusky-footed woodrat, raptors) (see Fig. 4.2-2 2008 CNDDB Occurrence
Data, on Wildlife, Special-Status Plant and Sensitive Habitat information]). Further, the City
recognizes the extensive Regulatory Environment on Federal, State and Local levels which
contains laws protecting special-species status, more fully set forth and discussed in the RDEIR
at pages 4.2-7 to 4.2-9, and the specific local requirements of the City’s General Plan/Coastal
Land Use Plan, the City Forest Management Plan, and various ordinances protecting Trees and
Shrubs. (See RDEIR at pages 4.2-9 to 4.2-10.) The RFEIR found there were no direct biological
impacts as a result of the project, but certain indirect impacts associated with potential future use
of the Flanders Mansion either residential (single-family) or public/quasi-public (museum, non
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profit, office and some limited public events) uses may be incompatible with adjacent parklands
designated as ESHA. Such indirect biological impacts may occur as a result of increased use,
changes to access, removal of native trees and vegetation and changes to on-site drainage.
The series of Mitigation Measures, identified above at RDEIR pages 4.2-12 to 4.2-14,
were set forth in the RFEIR to lessen these indirect and secondary impacts. Potential future
impacts could occur during construction activities such as vegetation removal or site disturbance,
which are considered secondary impacts, as they do not result directly from the sale of the
Flanders Mansion.
Mitigation 4.2-1 requires periodic floristic surveys to identify the likelihood (either
“unlikely” or “medium” occurrence) of early and late blooming special-status plant species
within the project boundaries. This mitigation requires special planning consideration under
CEQA, with avoidance being the preferable option to mitigation. If impacts to these specialstatus
plants is unavoidable, then further mitigation by the lead agency may be required.
Mitigation Measure 4.2-2 ensures that the ESHA, or areas in proximity to the ESHA, are
not impacted as a result of the proposed project, following any construction and/or demolition.
A series of revegetation measures under the direction of a qualified botanist, protective fencing
plans for the Lester Rowntree Arboretum and mesic-meadow, in particular, are identified,
erosion control measures consistent with MMRP, grading and land clearing preferences between
October 15 and April 15 are established, and erosion-control, and protection of trees which are
located close to any construction site(s) is subject to review and approval of the City’s
Community and Planning & Building Department.
Mitigation Measure 4.2-3 ensures protection of the Monarch Butterfly by certain limits
on vegetation removal, limits on removal during the overwintering period subject to approval by
a qualified lepidopterist or biologist to determine presence of the butterfly and reported to
CNDDB.
Mitigation Measure 4.2-4 ensures protection of the Monterey dusky-footed woodrat by
surveys conducted during all phases of construction. If woodrat nests are discovered, the
appropriate authority (CDFG) shall be contacted and no activities on the project site shall impact
the stick-nest observed behind the Flanders Mansion Property with an ESHA, unless authorized
by CDFG. Any removal of a woodrat nest shall be accomplished according to the steps outlined
in the above-referenced Biological Assessment.
Mitigation Measure 4.2-5 requires that Nesting Raptors and other avian species be
surveyed for any construction or demolition within certain specified time periods. Any nest
removals shall be accomplished according the steps outlined above-referenced Biological
Assessment. If project activities cannot avoid nesting season (March 1 to August 31) then the
applicant shall retain a qualified biologist to conduct a focused pre-construction surveys to avoid
impacts to any nesting birds present. If active nests are found, the biologist shall establish a
suitable construction buffer until the young have fledged.
Mitigation Measure 4.2-6 requires that bat survey be conducted by a qualified biologist
to assess the potential for the actual impact to support the bat species discussed in the abovereferenced
Biological Assessment. If the bat habitat will be negatively impacted, steps shall be
taken as outlined in the Biological Survey and done prior to any tree removal on the project site.
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Evidence:
Record of environmental proceedings, including the RDEIR in 4.2 Biological Resources
at pages 4.2-1 to 4.2-14;
RDEIR, Section 4.2, Mitigation Measures 4.2-1, 4.2-2, 4.2-3, 4.2-4. 4.2-5 and 4.2-6, at
pages 4.2-12 to 4.2-14;
RFEIR, Section 4.2;
Mitigation Monitoring and Reporting Program, to be adopted this day by 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.
3. EIR Section 4.3, Cultural Resources.
a. Impact:
Sale of the Flanders Mansion and occupancy by new owners could result in alterations to
the building or site that would diminish the historic integrity of the resource, affect the historic
setting and/or physically separate it from its surroundings. This represents a potentially
significant impact that can be reduced to a less-than-significant level with implementation of the
following mitigation measures.
(1) Mitigation Measure 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
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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.
(2) Mitigation Measure 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 largeformat
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.
Finding:
The City Council finds that by adopting and imposing Mitigation Measures 4.3-1 and
4.3-2 changes or alterations have been required in, or incorporated into, the project which avoid
or substantially lessen the significant environmental impact on historic resources as identified in
detail in the RDEIR at pages 4.3-10 to 4.3-14.
Rationale:
Adoption of this Mitigation Measure to address this impact is justified by the explanation
of the environmental impact and the development and purpose of the mitigation measure in the
RFEIR. Adoption of this Mitigation Measure in further justified because the RFEIR provides a
detailed review of the Prehistoric, Ethnographic and Historic Overview of the Flanders Mansion
and surrounding grounds, a description of its Existing Condition, the historic Regulatory
Environment under local, state and national standards, and the Historic Resources impacted by
any potential sale. (See RDEIR at pages 4.3-1 to 4.3-14, and discussion therein.) Generally, the
impacts consider a new occupant repairing and replacing damaged or failing original
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architectural elements (e.g., windows, roof tiles, gutters, etc.), removal and replacement of
landscape elements, realignment or replacement of existing or addition of new circulation patters
(e.g., driveways, paths, etc.), fencing, building modifications, and possible renovation of interior
living spaces. The City Council concurs in the imposition of specific and extensive Mitigation
Measures which require any new occupant to consult with and rely on the expertise of qualified
experts in satisfying two mitigation measures: (1) adhere to the recommendations such an expert
in the adoption of a Preservation Plan for Flanders Mansion, which shall be part of the
Conditions of Sale and recorded to run with the land and which shall include such preservation
obligations as: a history of the Flanders Mansion, an assessment of the current conditions of the
property and character-defining features and recommendations following specific historic
standards for treatment of those features, as set forth in Mitigation 4.3-1 at page 4.3-10 to 4.3-14
of the RDEIR; and (2) adhere to the recommendations of a such an expert to undertake and
document the Flanders Mansion and grounds with an historical narrative and photograph history
in a manner consistent with the Historic American Building Survey (HABS) documentation
standards, for distribution to appropriate repositories and concerned individuals. In addition, the
City Council concurs with the recommendation in the RFEIR that any new occupant is required
to follow responsible preservation practices to protect important cultural resources by complying
with the Carmel historic preservation ordinance (CMC 17.32), the Secretary’s Standards, CEQA,
building permit standards, review by the Historic Resources Board of the City and generally
obey and be subject to enforcement under all Historic Preservation ordinances and standards,
and the above-described Preservation Plan for Flanders Mansions, as set forth in the RDEIR at
pages 4.3-10 to 4.3-14, and under Mitigation Measure 4.3-2, at pages 4.3-11 to 4.3-14.
Evidence:
Record of environmental proceedings, including the RFEIR Cultural Resources;
RDEIR, Section 4.3, Cultural Resources, at pp. 4.3-1 to 4.3-14, and Mitigation Measures
4.3-1 and 4.3-2, at pp. 4.3-10 to 4.3-14;
Mitigation Monitoring and Reporting Program, to be adopted this day by 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.
b. Impact:
Since the project site lies within the City's known archaeological sensitivity zone, there is
the potential that buried cultural resources may be discovered during project staging or
construction activities. Disturbance or removal of artifacts associated with a buried site would
constitute a significant impact to a potentially significant resource. This impact can be reduced
to a less-than-significant level with implementation of the following mitigation.
(1) Mitigation Measure 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.
Finding: The City Council finds that by adopting and imposing Mitigation
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Measures 4.3-3 changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental impact on archaeological
resources as identified in detail in the RDEIR at pages 4.3-14 to 4.3-15.
Rationale: Adoption of this Mitigation Measure to address this impact is justified by
the explanation of the environmental impact and the development and purpose of the mitigation
measure in the RFEIR. Adoption of this Mitigation Measure in further justified because the
RFEIR provides a procedure of stopping any building work undertaken on the Flanders Mansion
during staging or construction activities which uncovers any buried cultural resources, such as
chipped or ground stone, historic debris, building foundations or human bone. The stop work
procedures identified in Mitigation Measure 4.4-3 sufficiently and adequately protect this
resources though a 50 meter boundary protective requirement, notification of the City building
official, retention of a qualified archaeologist to assess significance of find and the development
of treatment measures in consultation with the State Historic Preservation Office.
Evidence:
Record of environmental proceedings, including the RFEIR in 4.3 Cultural Resources;
RDEIR, Section 4.3, Cultural Resources, at pp. 4.3-14 to 4.3-15, and Mitigation
Measures 4.3-3, at pp. 4.3-14 to 4.3-15;
Mitigation Monitoring and Reporting Program, to be adopted this day by 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.
c. Impact:
Construction of the project may result in the discovery and disturbance of unknown
archaeological resources and/or human remains. This represents a potentially significant impact
that can be reduced to a less-than-significant level with implementation of the following
mitigation measures.
(1) Mitigation Measure 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
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recommendation within 24 hours after being notified by NAHC.
Finding:
The City Council finds that by adopting and imposing Mitigation Measure 4.3-4 changes
or alterations have been required in, or incorporated into, the project which avoid or substantially
lessen the significant environmental impact on archaeological resources as identified in detail in
the RDEIR at page 4.3-15.
Rationale:
Adoption of this Mitigation Measure to address this impact is justified by the explanation
of the environmental impact and the development and purpose of the mitigation measure in the
RFEIR. Adoption of this Mitigation Measure in further justified because the RFEIR provides a
procedure for the discovery of any Native American human remains or Native American burials
which may uncovered during ground-disturbing activities. Further, the Mitigation Measure
requires cessation of any excavation or disturbance of the site if human remains of any origin are
discovered or recognized in any location other than a burial site until the county coroner has
been informed and determined no investigation of the cause of death is required, and in addition
if any Native American human remains are uncovered, specific provisions of the Public
Resource Code requiring notification are complied with.
Evidence:
Record of environmental proceedings, including the RFEIR in 4.3 Cultural Resources;
RDEIR, Section 4.3, Cultural Resources at pp. 4.3-15, and Mitigation Measure 4.3-4 at p.
4.3-15;
Mitigation Monitoring and Reporting Program, to be adopted this day by 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.
4. EIR Section 4.4, Land Use.
a. Impact:
Sale of the Flanders Mansion Property would result in the permanent loss of parkland and
therefore has the potential to conflict with several goals, objectives and policies identified in the
City of Carmel-by-the-Sea General Plan/Coastal Land Use Plan intended on minimizing impacts
to parkland and promoting public use of publicly owned parkland. Specifically, the proposed
project would conflict with the following goals and policies: G5-6, O5-21, P5-46, and P5-107.
This is considered a potentially significant impact that cannot be reduced to a less-thansignificant
level.
(1) Mitigation Measure
Mitigation measures have been incorporated into this EIR as part of each topical CEQA
section. No additional measures have been identified.
Finding:
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The City Council in Section E, above, has found that the proposed project and all project
alternatives are not inconsistent with the identified General Plan policies, goals and objectives
and that, therefore, this impact will not occur.
However, the City Council finds that, by adopting and imposing the Mitigation Measures
identified as part of each topical CEQA section, changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the significant environmental
effect as identified in the Recirculated Final EIR.
Rationale:
As discussed more fully in Section E, above, Consistency with General Plan and Other
Planning Policies, Goals and Objectives, the City Council in connection with the 2005 FEIR
determined that the sale of the Flanders Mansion property was not inconsistent with various
goals, objectives and policies of the General Plan. A Petition for Writ of Mandamus was filed
(The Flanders Foundation v. City of Carmel-by-the-Sea, et al., Mont. Co. Super. Ct. Case No.
M76728) challenging, among other things, the City's compliance with CEQA in the
environmental review process and the City's determination of consistency with the General.
After ruling the project site is parkland, the Superior Court found that the City acted within its
discretionary authority in determining the project was consistent with the General Plan.
During the current environmental review of the proposed sale of the Flanders Mansion
property, the RDEIR was updated to accurately reflect the parkland status. The City’s
consideration and findings of General Plan consistency also have been updated to reflect the
parkland status of the property.
Mitigation measures have been proposed and are being adopted in a Mitigation
Monitoring and Reporting Program, by companion action, 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, which reduce to
a less-than-significant level the impacts on views, aesthetics, trail access, the Lester Rowntree
Native Plant Garden and the historic resource of the Flanders Mansion itself which could result
from sale of the Flanders Mansion property parkland.
The City Council determines that the Sale of the Flanders Mansion property with
Conservation Easements and Mitigation and lease of the property are not inconsistent with the
General Plan for the following reasons: (1) because a sale of the Flanders Mansion property
would represent a loss of approximately 2% of all parkland with City limits, which represents a
very small area relative to other designated and developed public parkland in the City which
remain fully available for public enjoyment; (2) because sale of the property would not prevent
implementation of General Plan goals, policies and objectives, numbered G5-6, P5-46, P5-107
and O5-21, city-wide or in the future; (3) because the General Plan contains other policies that
anticipate a sale of the Flanders Mansion property and name this property specifically; (4)
because the mitigation measures imposed through the Mitigation Monitoring and Reporting
Program require full historic restoration of the Flanders Mansion; and (5) because mitigation
measures are being adopted and will be imposed on the property in perpetuity, through
easements and covenants, which will reduce to a less-than-significant level the impacts identified
in the RFEIR which could result from the sale of the property, apart from the permanent loss of
City ownership of this parkland property.
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Adoption of the Mitigation Measures under each topical CEQA section will, other than
the significant and unavoidable impact result from the permanent loss of City ownership of the
Flanders Mansion property portion of City public parkland, reduce to a less-than-significant
level the impacts on the Flanders Mansion property, the Mission Trial Nature Preserve and
Lester Rowntree Native Plant Garden parkland, and the neighborhoods in the vicinity of the
Preserve and the Flanders Mansion property which may arise from the sale of the Flanders
Mansion property. The mitigation measures identified in the RFEIR are all contained in the
Mitigation Monitoring and Reporting Program to be adopted this day by companion action, 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, and the requirements of such mitigation measures and Mitigation
Monitoring and Reporting Program will be incorporated into Conditions of Sale and Conditions
of Lease, and easements and Covenants, Conditions and Restrictions to be recorded against the
Flanders Mansion property and bind the City and all future owners and lessees of the property.
See also Rationale set forth for the Mitigation Measures under each topical CEQA
section.
Evidence:
See findings of General Plan Consistency herein, at Section E;
Rationale set forth for the Mitigation Measures under each topical CEQA section, in this
Section G;
General Plan policies, goals and objectives numbered G5-6, P5-46, P5-107 and O5-21,
P5-141, P5-142 and P5-143;
The record of the environmental proceedings including the RFEIR in Land Use and
Planning Section, and Mitigation Measure 4.4-1;
RDEIR, Section 4.4, pp. 4.4-1 through 4.4-15;
Mitigation Monitoring and Reporting Program, to be adopted this day by 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.
b. Impact:
Sale of the Flanders Mansion Property could result in higher intensity land uses that
could be incompatible with the surrounding Mission Trail Nature Preserve, Lester Rowntree
Arboretum, and the Hatton Field residential area. This is considered a potentially significant
impact that can be reduced to a less-than-significant level.
(1) Mitigation Measure 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
sections 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
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Department for review and comment. These restrictions shall run with the land and shall be
legally binding on the City and successor owners and/or lessees.
Finding:
The City Council finds that, by adopting and imposing Mitigation Measure 4.4-1,
changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Recirculated Final
EIR.
The Errata modification to this Mitigation Measure is a non-substantive change to clarify
application of CEQA to future uses of the property.
Rationale:
Adoption of this Mitigation Measure is justified by the explanation of the environmental
impact and of the development and purpose of the mitigation measure contained in the RFEIR.
Adoption of this Mitigation Measure is further justified by the adoption of the mitigation
measures under each CEQA topical section which will, other than the significant and
unavoidable impact result from the permanent loss of City ownership of the Flanders Mansion
property portion of City public parkland, reduce to a less-than-significant level the impacts on
the Flanders Mansion property, the Mission Trial Nature Preserve and Lester Rowntree Native
Plant Garden parkland, and the neighborhoods in the vicinity of the Preserve and the Flanders
Mansion property which may arise from the sale of the Flanders Mansion property. The
mitigation measures identified in the RFEIR are all contained in the Mitigation Monitoring and
Reporting Program to be adopted this day by companion action, 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, and
the requirements of such mitigation measures and Mitigation Monitoring and Reporting Program
will be incorporated into Conditions of Sale and Conditions of Lease, and easements and
Covenants, Conditions and Restrictions to be recorded against the Flanders Mansion property
and bind the City and all future owners and lessees of the property.
Evidence:
The record of the environmental proceedings including the RFEIR in Land Use and
Planning, and Mitigation Measure 4.4-1;
RDEIR, Section 4.4, pp. 4.4-1 through 4.4-15;
Mitigation Measure 4.4-1, above (see also RDEIR, p. 4.4-9);
Impacts and Mitigation Measures findings in this Section G;
RDEIR, sections 4.0 through 4.6;
RFEIR, section 5.0, Revisions to RDEIR;
Errata to RFEIR dated on or about April 24, 2009
Mitigation Monitoring and Reporting Program, to be adopted this day by 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.
5. EIR Section 4.5, Parks and Recreation.
a. Impact.
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Sale of the Flanders Mansion Property would result in the loss [of] locally
significant parkland that is considered an integral component of the Mission Trail Nature
Preserve. Since this loss of parkland is locally significant, this is considered a significant
unavoidable impact that cannot be reduced to a less-than-significant level.
(1) Mitigation Measure
Mitigation measures have been incorporated into this EIR to minimize impacts due to the
sale of parkland. No additional measures have been identified.
Finding:
By companion action, A Resolution Adopting a Statement of Overriding Considerations,
to be adopted this day, the City Council finds that specific economic, legal, social and other
considerations, make infeasible the project alternatives identified in the Recirculated Final EIR
which would substantially lessen this significant environmental effect.
However, in addition, the City Council finds that, by adopting and imposing the
Mitigation Measures identified as part of each topical CEQA section, changes or alterations have
been required in, or incorporated into, the project which avoid or substantially lessen the
significant environmental effect as identified in the Recirculated Final EIR.
Rationale:
This finding is supporting by the Statement of Overriding Considerations, to be adopted
by companion action this day, A Resolution Adopting a Statement of Overriding Considerations,
which finds and concludes that the specifically-identified benefits of Sale of the Flanders
Mansion property with Conservation Easements and Mitigation outweigh this significant,
unavoidable environmental impact. As a result, those environmental impacts are acceptable.
Adoption of the Mitigation Measures under each topical CEQA section will, other than
the significant and unavoidable impact result from the permanent loss of City ownership of the
Flanders Mansion property portion of City public parkland, reduce to a less-than-significant
level the impacts on the Flanders Mansion property, the Mission Trial Nature Preserve and
Lester Rowntree Native Plant Garden parkland, and the neighborhoods in the vicinity of the
Preserve and the Flanders Mansion property which may arise from the sale of the Flanders
Mansion property. The mitigation measures identified in the RFEIR are all contained in the
Mitigation Monitoring and Reporting Program to be adopted this day by companion action to be
adopted this day by 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, and the requirements of such mitigation measures
and Mitigation Monitoring and Reporting Program will be incorporated into Conditions of Sale
and Conditions of Lease, and easements and Covenants, Conditions and Restrictions to be
recorded against the Flanders Mansion property and bind the City and all future owners and
lessees of the property.
Evidence:
A Resolution Adopting a Statement of Overriding Considerations, to be adopted this day
by companion action;
Economic Report, including Appendix and appendix's addenda;
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The record of the environmental proceedings, including the RDEIR in Sections 4.0
through 4.6, and Mitigation Measures therein, and the RFEIR;
Mitigation Monitoring and Reporting Program, to be adopted this day by 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.
b. Impact.
The sale of the Flanders Mansion Property may result in loss of public access to and
through the Flanders Property and compromise access to the Preserve’s trail system. This is a
potentially significant impact that can be mitigated to a less-than-significant level with the
implementation of the following mitigation measure.
(1) Mitigation Measure 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.
Finding:
The City Council finds that, by adopting and imposing Mitigation Measure 4.5-1,
changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Recirculated Final
EIR.
Rationale:
Adoption of this Mitigation Measure to address this impact is justified by the explanation
of the environmental impact and the development and purpose of the mitigation measure in the
RFEIR. Adoption of this Mitigation Measure in further justified because the additional trails
shown on Figure 4.5-1 mitigate the loss of trail access as a result of the sale of the Flanders
Mansion property to a less-than-significant level. The Mitigation Monitoring and Reporting
Program to be adopted this day by companion action, 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, requires the City
of Carmel-by-the-Sea to set aside the additional trails within the Mission Trail Nature Preserve
depicted in Figure 4.5-1.
Evidence:
The record of the environmental proceedings including the RFEIR in Section 4.5, and
Mitigation Measure 4.5-1;
Analysis of Impacts and Mitigation Measure 4.5-1 set forth above (see also RDEIR, pp.
4.5-1 to 4.5-8);
RFEIR, Section 4.4, Land Use and Planning;
Mitigation Monitoring and Reporting Program, to be adopted this day by A Resolution
Adopting a Mitigation Monitoring and Reporting Program, Conditions of Sale, a
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Declaration of Conditions, Covenants and Restrictions to Be Recorded Against the
Property, and Conditions of Lease.
6. EIR Section 4.6, Traffic and Circulation.
a. Impact.
The sale of the property may result in the loss of an informal parking area currently used
by the general public to access the Mission Trail Nature Preserve and the Lester Rowntree
Arboretum. Although not designated as public parking currently, parking in the lower driveway
area of the Flanders Mansion Property would be eliminated from public access upon sale of the
property. This is a significant impact that can be mitigated to a less-than-significant level with
implementation of the following mitigation measure.
(1) Mitigation Measure 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.
Finding:
The City Council finds that, by adopting and imposing Mitigation Measure 4.6-1,
changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental impact on traffic and circulation as identified
in detail in the RDEIR at pages 4.6-4 to 4.6-6, including Figures 4.6-1 (Trip Generation), 4.6-2
(Replacement Parking) and to 4.6-3 (Parking Mitigation Photos).
Rationale:
Adoption of this Mitigation Measure to address this impact is justified by the explanation
of the environmental impact and the development and purpose of the mitigation measure in the
RFEIR. Adoption of this Mitigation Measure in further justified because the RFEIR provides a
means to ensure that adequate public parking is provided to facilitate visitor access to the
surrounding Preserve and Arboretum consistent with Mission Trial Nature Preserve Master Plan,
prior to any sale of the Flanders Mansion property. Such measure includes the City development
of a parking plan for at least 3 parking spaces along the existing driveway within the Mission
Trial Nature Preserve as shown in Figures 4.6-2 [Replacement Parking], 4.6-3 [Parking
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Mitigation Photos], surfaced with appropriate materials (e.g., decomposed granite, wood chips),
designed with minimal disturbance to the natural surroundings, appropriate landscape treatments
to minimize views of parking from the Hatton Fields neighborhood, and the use of appropriate
native vegetation.
Evidence:
Record of environmental proceedings, including the RDEIR in 4.6 Traffic and
Circulation, at pp. 4.6-1 to 4.6-4, and Mitigation Measures 4.6-1, at p. 4.6-4;
Analysis of Impacts and Mitigation Measure 4.6-1 set forth above (see also RDEIR, pp.
4.6-1 to 4.6-4);
Mitigation Monitoring and Reporting Program, to be adopted this day by 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.
b. Impact:
Implementation of Mitigation Measure 4.6-1 has the potential to result in additional
impacts to biological resources due to the construction of replacement parking. This impact can
be mitigated to a less-than-significant level with implementation of the following mitigation
measure.
(1) Mitigation Measure 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.
Finding:
The City Council finds that, by adopting and imposing Mitigation Measure 4.6-2,
changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental impact on traffic and circulation as identified
in detail in the RFEIR at page 4.6-8.
Rationale:
Adoption of this Mitigation Measure to address this impact is justified by the explanation
of the environmental impact and the development and purpose of the mitigation measure in the
RFEIR. Adoption of this Mitigation Measure in further justified because the RFEIR provides
that in order to ensure that potential impacts to biological resources are avoided during
construction of additional parking, the City shall arrange for pre-construction wildlife surveys
(raptors, rats 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 with the construction area or within the immediate vicinity, the proper resource agency
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(i.e., California Department of Fish and Game or the U.S. Forestry and Wildlife Service) shall be
contacted. No work shall commence until such time as one of these agencies have been
informed and appropriate removal or protective measures have been identified.
Evidence:
Record of environmental proceedings, including the RDEIR in 4.6 Traffic and
Circulation at pages 4.6-8 and Mitigation Measures 4.6-2 at page 4.6-8;
The record of the environmental proceedings including the RFEIR in Section 4.5, and
Mitigation Measure 4.5-1;
Analysis of Impacts and Mitigation Measure 4.6-1 set forth above (see also RDEIR, pp.
4.6-5 to 4.6-8);
Mitigation Monitoring and Reporting Program, to be adopted this day by 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.
c. Impact:
The sale of the property may result in future uses that may cause significant
impacts to local traffic. This is a significant impact that can be mitigated to a
less-than-significant level with implementation of the following mitigation
measure.
(1) Mitigation Measure
Mitigation Measure 4.4-1 of Section 4.4 Land Use of the EIR.
Finding:
Please see also discussion under Mitigation Measure 4.4-1 and its related Impact, above,
in section G.b.
The City Council finds that, by adopting and imposing Mitigation Measure 4.4-1,
changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental impact on traffic and circulation as identified
in detail in the RDEIR at Section 4.6.
Rationale:
Please see discussion under Mitigation Measure 4.4-1 and its related Impact, above, in
section G.b.
Evidence:
The record of the environmental proceedings including the RFEIR in Section 4.6, and
Mitigation Measure 4.6-3.
Analysis of Impacts and Mitigation Measure 4.6-3 set forth above (see also RDEIR, pp.
4.6-8 to 4.6-10)
See evidence under Impact and Mitigation 4.4-1
Mitigation Monitoring and Reporting Program, to be adopted this day by A Resolution
Adopting a Mitigation Monitoring and Reporting Program, Conditions of Sale, a
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Declaration of Conditions, Covenants and Restrictions to Be Recorded Against the
Property, and Conditions of Lease.
H. Covenants.
Finding: By companion action, 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, , to be adopted this
day, the City Council has provided for covenants to be prepared and recorded to run with the
land to incorporate and impose the requirements of these Mitigation Measures set forth herein
which are embodied Mitigation Monitoring and Reporting Program. The City Council has
further provided that the easements described in the Sale with Conservation Easements and
Mitigation Alternative shall also be recorded against the Flanders Mansion property. By
recordation of said easements and covenants under the Flanders Mansion parcel (Assessor's
Parcel No. 010-061-005), such Mitigation Monitoring and Reporting Program and easements
shall be binding on the City and all future owners of the property in perpetuity, requiring future
owners to achieve the provisions of the Mitigation Monitoring and Reporting Program which are
their responsibility and, for future purchasers, achieve 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.
Evidence:
Mitigation Monitoring and Reporting Program, to be adopted this day by 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.
I. City Council Determinations.
1. Proper Notices and Consultation with Agencies.
a. Finding:
Adequate public notice of preparation of an EIR for the sale of the Flanders Mansion
property was given by the holding of the scoping meeting in November 2004, and by provision
of the Notice of Preparation dated January 14, 2005. Said Notice of Preparation was mailed to
various persons, entities and public agencies, and all persons, and entities who previously
requested such notice.
Evidence:
Agenda and Minutes of Scoping Meeting;
Notice of Preparation;
RDEIR, Appendix A (Notice of Preparation);
City files in City Clerk's Office Planning and Building Inspection Department, containing
said documents and the mailing list for Notice of Preparation.
b. Finding:
Adequate public notice of completion and availability of the RDEIR, the 45-day period
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for the submission of written comments on the RDEIR, and the closing date of the public
comment period by providing a Notice of Completion to the Office of Planning and Research
and mailing of a Notice of Completion/Notice of Availability to all persons and entities who
previously requested such notice, all persons and entities who were sent the Notice of
Preparation, all persons and entities who commented on the 2005 RDEIR, Monterey County
Public Works Department.
In addition, the public was provided further notice and opportunity to comment on the
RDEIR by posting of the Agenda for a Planning Commission hearing on February 11, 2009 at
which oral public comments on the RDEIR would be taken and the taking of oral public
comments at said Planning Commission hearing, and through publication in the Carmel Pine
Cone of two articles which discuss the completion and availability of the RDEIR, the public
comment period, and the February 11, 2009 Planning Commission hearing agenda.
Evidence:
Notice of Completion and Environmental Document Transmittal, dated January 2, 2009;
Notice of Completion/Notice of Availability;
Agenda for February 11, 2009 Planning Commission hearing;
Carmel Pine Cone article in January 9 to 15, 2009 edition, at pp. 1A, 8A;
Carmel Pine Cone article in February 13 to 19, 2009 edition, at pp. 1A, 20A;
City files in City Clerk's Office Planning and Building Inspection Department, containing
copies of said documents.
c. Finding:
Monterey County was consulted during the 2005 and the current environmental review
process. The Counties of Monterey, Santa Cruz and San Benito, and the Cities of Del Rey Oaks,
Gonzales, Greenfield, King City, Marina, Monterey, Pacific Grove, Salinas, Sand City, and
Seaside received a Notice of Preparation at the initiation of the environmental review of this
project, in 2005, via distribution directly to the County Administrative Officer and distribution
through the Association of Monterey Bay Area Governments [“AMBAG”]. The Carmel Area
Wastewater District, Carmel Unified School District, National Trust for Historic Preservation,
Monterey Peninsula Water Management District, Monterey County Planning Department,
Monterey Regional Park District, and Monterey County Housing Authority also received notice
at that time.
Monterey County and these other agencies and local governments again received notice
of the availability of the Recirculated Draft EIR [“RDEIR”] in January 2009. In addition, a copy
of the RDEIR was sent directly to Monterey County Public Works Department on March 13,
2009, who were given a further opportunity to submit comments. Monterey County did not
submit any comment on the 2005 EIR draft, or on the current RDEIR to date. The State
Clearinghouse (Office of Planning and Research [“OPR”], California Department of
Transportation District 5, California Coastal Commission, California Department of Fish &
Game Region 4, California Department of Forestry and Fire Protection, California Department
of Parks & Recreation, and the State Water Resources Control Board for Water Quality also
received notice of the availability of the RDEIR in January 2009.
No comments have been received from any of these governments and agencies since the
seven comments received following the Notice of Preparation.
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City Council RESOLUTION NO. 2009-___
CITY OF CARMEL-BY-THE-SEA Attachment A Page 58 of 64
Evidence:
Notice of Preparation dated January 14, 2005;
Notice of Completion dated January 2, 2009;
January 2009 Notice of Availability/Notice of Completion;
2005 FEIR;
RDEIR;
Written comment letters received on the 2005 DEIR (contained in 2005 FEIR) and the
2009 RDEIR.;
Transcript of oral comments received at the Planning Commission hearing on February
11, 2009 on the RDEIR;
RFEIR;
City files in the City Clerk's office and Planning and Building Inspection Department,
containing copies of said documents and mailing lists and transmittal communications.
d. Finding:
Adequate public notice of the completion and release of the RFEIR was provided on
April 16, 2009 by:
By mailing the Notice of Release to all persons and entities who previously
requested such notice, all persons and entities who were sent the Notice of Preparation, all
persons and entities who commented on the 2005 RDEIR, Monterey County Public Works
Department, and all persons and entities who commented on the 2009 RDEIR;
By posting the Notice of Release on and off the proposed project site, i.e., the
Flanders Mansion property; and
By publishing the Notice of Release in the Monterey County Herald on 20, 2009.
Evidence:
Notice of Release of Recirculated Final Environmental Impact Report: Sale of Flanders
Mansion Property, SCH #2005011108, dated April 15, 2009.
Certification of mailing, posting and publishing of the Notice of Release of Recirculated
Final Environmental Impact Report: Sale of Flanders Mansion Property, SCH
#2005011108, on April 16, 2009.
Copy of Monterey County Herald publication, dated April 20, 2009
City file in City Clerk's office and Planning and Building Inspection Department,
containing copies of said documents, and address lists.
e. Finding:
Adequate public notice of consideration of the project by the Historic Resources Board,
Forest and Beach Commission, Planning Commission and City Council concerning the project
and the Final EIR was provided in accordance with CEQA Guidelines section 15089.
Notice of the hearings by the Historic Resources Board, Forest and Beach Commission,
Planning Commission and City Council was provided on April 1, 2009, and amended April 7,
2009, by: (1) mailing to all persons and entities who previously requested such notice, all
persons and entities who were sent the Notice of Preparation, all persons and entities who
58
City Council RESOLUTION NO. 2009-___
CITY OF CARMEL-BY-THE-SEA Attachment A Page 59 of 64
commented on the 2005 RDEIR, Monterey County Public Works Department, and all persons
and entities who commented on the 2009 RDEIR; (2) posting the Notice of the hearings on and
off the proposed project site, i.e., the Flanders Mansion property; and (3) publishing the Notice
of the hearings in the Carmel Pine Cone and in the Monterey County Herald.
Evidence:
Public Notice of hearings of April 20, 2009 Historic Resources Board hearing, Forest and
Beach Commission hearing, April 23, 2009 special Planning Commission hearing and
April 28, 2009 special City Council hearing;
Copy of Monterey County Herald publication;
Copy of Carmel Pine Cone publication;
Agenda for April 20, 2009 Historic Resources Board hearing;
Agenda for April 20, 2009 Forest and Beach Commission hearing;
Agenda for April 23, 2009 special Planning Commission hearing;
Agenda for April 28, 2009 special City Council hearing;
City file in City Clerk's office and Planning and Building Inspection Department,
containing copies of said documents, and address lists.
2. Adequacy of EIR.
a. Finding: The Final EIR is consistent with CEQA’s Guidelines 15132
relative to the contents of the EIR including, but not limited to, a table of contents, summary, the
project description, environmental setting, a discussion of environmental impacts, mitigation
measures, unavoidable adverse impacts, impacts found not to be significant, cumulative impacts,
project alternative and mitigation monitoring plan.
Evidence:
RFEIR.
b. Finding: The City, in accordance with CEQA Guidelines § 15200,
met the purpose of the public review process under CEQA which includes sharing expertise,
disclosing agency analysis, checking for accuracy, detecting omissions, discovering public
concerns, and soliciting counter-proposals. The RFEIR contains a list of the comments
submitted on the RDEIR, copies of the comment letters received on the RDEIR, responses to the
points raised in those comments, and limited revisions to the RDEIR made as a result of the
public review process. In accordance with CEQA Guidelines Section 15132, the RFEIR was
prepared to address the comments received during the public review period and, together with
the RDEIR which is incorporated by reference by the RFEIR, constitutes the Recirculated Final
Environmental Impact Report for the proposed Sale of the Flanders Mansion property.
Evidence:
RDEIR;
RFEIR;
Notice of Preparation dated January 14, 2005;
Notice of Completion dated January 2, 2009;
January 2009 Notice of Availability/Notice of Completion;
2005 FEIR;
Written comment letters received on the 2005 DEIR (contained in 2005 FEIR) and the
2009 RDEIR.;
Transcript of oral comments received at the Planning Commission hearing on February
59
City Council RESOLUTION NO. 2009-___
CITY OF CARMEL-BY-THE-SEA Attachment A Page 60 of 64
11, 2009 on the RDEIR;
Notice of Release of Recirculated Final Environmental Impact Report: Sale of Flanders
Mansion Property, SCH #2005011108, dated April 15, 2009.
Certification of mailing, posting and publishing of the Notice of Release of Recirculated
Final Environmental Impact Report: Sale of Flanders Mansion Property, SCH
#2005011108, on April 16, 2009.
Copy of Monterey County Herald publication, dated April 20, 2009
City file in City Clerk's office and Planning and Building Inspection Department,
containing copies of said documents, and address lists.
c. Finding: The Forest and Beach Commission at a duly-noticed
special hearing on April 20, 2009, and the Historic Resources Board at a duly-noticed regular
meeting on April 20, 2009, considered the RFEIR (SCH#2005011108) for sale of Flanders
Mansion property. The role of the Forest and Beach Commission is to advise the Planning
Commission on the whether the RFEIR provides adequate discussion of the project, impacts,
alternatives and mitigation measures related to the Mission Trails Nature Preserve and the
Flanders Mansion property. The role of the Historic Resources Board is to advise the Planning
Commission on the adequacy of the RFEIR regarding historical, cultural and aesthetic issues
related to the Flanders Mansion property. The Forest and Beach Commission determined and
forwarded advice to the Planning Commission that the RFEIR is adequate to disclose the
project’s impacts related to the Mission Trails Nature Preserve and its adjacent neighborhood.
The Historic Resources Board determined and forwarded advice to the Planning Commission
that the RFEIR is adequate for reviewing impacts, alternatives and mitigations regarding the
project's impacts related to historic preservation, cultural resources and aesthetic resources
related to public enjoyment of the Flanders Mansion as a historical resource.
Evidence:
Minutes of Historic Resources Board meeting of April 20, 2009;
Minutes of Forest and Beach Commission meeting of April 20, 2009.
d. Finding: The Planning Commission at a duly-noticed special
hearing on April 23, 2009, determined that the RFEIR (SCH#2005011108) for sale of Flanders
Mansion property has been completed in compliance with CEQA and that the Sale of the
Flanders Mansion property for residential use with Conservation Easements and Mitigation
project alternative and lease of the property for residential use are consistent with the General
Plan. The Planning Commission further recommended certification of the EIR.
Evidence:
Minutes of the Planning Commission meeting of April 23, 2009.
e. Finding: At a duly-noticed public hearing on this day, following
receipt of oral public testimony and documentary evidence, and pursuant to the City Council
members' deliberations, the City Council finds that the RDEIR (SCH#2005011108) for sale of
Flanders Mansion property has been completed in compliance with CEQA, reflects the
independent judgment of the City and by this Resolution certifies the RFEIR. The City Council
further finds that the sale of the Property with Conservation Easements and Mitigation
(Alternative 6.5) and lease of the Property are not inconsistent with the General Plan. The
RFEIR was presented to the Forest and Beach Commission and Historic Resources Board,
Planning Commission and the City Council, was independently reviewed and analyzed by the
City Council, and was used to review and consider the Flanders Mansion proposed project and
60
City Council RESOLUTION NO. 2009-___
CITY OF CARMEL-BY-THE-SEA Attachment A Page 61 of 64
its environmental aspects as required by CEQA sections 21082.1 and CEQA Guidelines sections
15090 and 15091.
Evidence:
RDEIR;
RFEIR;
Minutes of Historic Resources Board meeting of April 20, 2009;
Minutes of Forest and Beach Commission meeting of April 20, 2009;
Minutes of the Planning Commission meeting of April 23, 2009;
Minutes of City Council meeting of April 28, 2009 (once prepared).
3. CEQA Findings.
a. Finding: Consistent with the provisions of section 15088.5(f)(1) of
the CEQA Guidelines, portions of the 2005 DEIR was recirculated. Although the responses to
the comments received in response to the 2005 DEIR and provided in the Final EIR dated
August 2005 are not included in the Recirculated Draft EIR, those responses were taken into
consideration as part of the Recirculated Draft EIR. Although the EIR was recirculated in its
entirety, Section 4.3 Cultural Resources was only revised in part to provide additional
information related to the Superior Court’s determination regarding the adequacy of mitigation
measures. The previous analysis, mitigation measures, and significance determination have not
changed, except where clarification was necessary to reflect the Superior Court’s determination.
The RDEIR presented revised and expanded analysis of the proposed project’s potential impacts
consistent with the Amended Judgment Granting Petition for Writ of Mandamus in The Flanders
Foundation v. City of Carmel-by-the-Sea, et al. (Mont. Co. Super. Ct. Case No. M76728), The
organization of the RDEIR corresponded to the organization of the 2005 in the following way:
Recirculated Draft EIR (2009) 2005 DEIR
Section 1.0, Introduction Section 1.0
Section 2.0, Summary Summary Table
Section 3.0, Project Description Section 3.0
Section 4.1, Aesthetics Section 4.2
Section 4.2, Biological Resources Section 4.4
Section 4.3, Cultural Resources Section 4.3
Section 4.4, Land Use and Planning Section 4.5
Section 4.5, Parks and Recreation Section 4.6
Section 4.6, Transportation/Traffic Section 4.1
Section 5.0, CEQA Considerations Section 5.0
Section 6.0, Alternatives Section 6.0
Revised DEIR Mitigation Measures contained
in various sections of the RDEIR and
summarized in Section 2.0
Misc. mitigation measures
throughout the 2005 DEIR.
Evidence:
Notice of Availability/Notice of Completion for the January 2009 RDEIR;
RDEIR, including Appendix D.
b. Finding: The City Council hereby certifies that the Final
Environmental Impact Report has been completed in compliance with CEQA; that the RFEIR
was presented to the City Council, and that the City Council reviewed and considered the
61
City Council RESOLUTION NO. 2009-___
CITY OF CARMEL-BY-THE-SEA Attachment A Page 62 of 64
information contained in the RFEIR, and public testimony received thereon during the hearing,
prior to approval of the Project; and, that the RFEIR reflects the City Council’s independent
judgment and analysis.
The City Council declares that it has been provided with and reviewed evidence in the
record to support these Findings. Such documents and items are cited as Evidence with the
Findings and are those generally listed above at pages 4 through 6. Said evidence is
incorporated herein by this reference as though fully set forth.
Collectively, these documents together with the further evidence and documents cited in
support of the companion Statement of Overriding Considerations constitute and the City
Council's actions by Resolutions passed today, constitute the "Record of Proceedings" for the
environmental impact report for the proposed sale of the Flanders Mansion Property. The City
hereby provides notification that the Record of Proceedings is on file with Clerk of the City, at
City Hall, East Side of Monte Verde Street Between Ocean and Seventh Avenues, in Carmel-bythe-
Sea, California.
Evidence:
All documents referenced herein;
This Resolution Certifying the Recirculated Final Environmental Impact Report for the
Sale of the Flanders Mansion Property, including its Attachment A.
4. Adoption of a Mitigation Monitoring and Reporting Program.
a. Finding: Revisions in the project design and implementation,
together with the conditions of approval and the mitigation and monitoring program proposed,
avoid, eliminate or substantially lessen all significant effects of the Project on the environment,
and the Project, as so revised, implemented, mitigated, monitored and conditioned, will not have
a significant effect on the environment.
Evidence:
RDEIR, Mitigation Measures in Sections 4.1 through 4.6;
RFEIR;
Mitigation Monitoring and Reporting Program, adopted by companion action this day,
attached to 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
b. Finding:
By companion action to be adopted this day, 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. The
requirements of the Mitigation Monitoring and Reporting Program will be imposed on the City
and all future owners by adopting Conditions of Sale and Covenants to be recorded and run with
the land. The 2005 Conditions of Sale have been updated and incorporated into the Mitigation
Monitoring and Reporting Program. By said Resolution, the City will also impose the
Mitigation Monitoring and Reporting Program on the City and future lessees by adopting
Conditions of Lease to be implemented in the event sale of the property is not approved by a
majority of voters at a special election held in accordance with Government Code section 38440
62
City Council RESOLUTION NO. 2009-___
CITY OF CARMEL-BY-THE-SEA Attachment A Page 63 of 64
et seq.
Evidence:
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, including its Attachments A through D, to be
passed by companion action this day;
A Resolution Adopting a Project for Implementation: Sale of Flanders Mansion Parcel
with Conservation Easements and Mitigation, to be passed by companion action this day;
See also, 2005 Conditions of Sale, at Exhibit A to Resolution No. 2005-58.
5. Statement of Overriding Considerations.
a. Finding: By companion action, A Resolution Adopting a Statement
of Overriding Considerations, the City Council is adopting a Statement of Overriding
Considerations, including supporting findings and evidence set forth therein, specifically
identifies the benefits of the Sale with Conservation Easements and Mitigation Alternative to be
approved as the project to be implemented (by companion action, A Resolution Adopting a
Project for Implementation: Sale of Flanders Mansion Parcel with Conservation Easements and
Mitigation) and finds those specifically-identified benefits outweigh the significant, unavoidable
environmental impacts assessed in the RFEIR and found above (in Section G). The Statement of
Overriding Consideration being adopted finds, as a result, that the environmental risks of the
Sale of the Flanders Mansion parcel with Conservation Easements and Mitigations acceptable.
Evidence:
A Resolution Adopting a Statement of Overriding Considerations, including its
Attachment A, to be passed by companion action this day;
See also, A Resolution Adopting a Project for Implementation: Sale of Flanders Mansion
Parcel with Conservation Easements and Mitigation, to be passed by companion action
this day.
6. Compliance with Peremptory Writ of Mandate.
a. Finding: As described above in Section B.3-8 and also, generally, in
all findings herein, the City has complied with the provisions of the Peremptory Writ of Mandate
and Amended Judgment filed August 10, 2007.
Evidence:
Return documents filed on December 7, 2007, January 8, 2008, and October 30, 2008;
RDEIR;
January 2009 Notice of Availability/Notice of Completion
Public Notice of hearings dated April 1, 2009, as amended April 7, 2009;
Notice of Release of Recirculated Final Environmental Impact Report: Sale of Flanders
Mansion Property, SCH #2005011108;
RFEIR.
7. Notice of Intent to Discontinue Parkland and Setting of Hearing on Protests.
a. Finding:
63
City Council RESOLUTION NO. 2009-___
CITY OF CARMEL-BY-THE-SEA Attachment A Page 64 of 64
Pursuant to selection of a project for implementaion which provides for sale of the
Flanders Mansion property which is considered parkland, currently owned by the City, the City
Council is adopting by companion action this day a Resolution of Notice of Proposed
Discontinuance of Public Park Land and Setting Date for Hearing of Protests Against Sale of
Public Park Land.
Said resolution contains an accurate description of the public parklands proposed to be
sold; state the common name of the park; states the disposition which the legislative body
proposes to make of the park; and fixes a time, not less than thirty nor more than sixty days after
adoption of the resolution, and a place, at which the public or persons particularly interested may
protest.
Said resolution sets the hearing on any protests against sale for regular City Council
meeting on June 2, 2009 at 4:30 p.m.
Evidence:
A Resolution of Notice of Proposed Discontinuance of Public Park Land and Setting
Date for Hearing of Protests Against Sale of Public Park Land, to be adopted by
companion action this day;
See also, A Resolution Adopting a Project for Implementation: Sale of Flanders Mansion
Parcel with Conservation Easements and Mitigation, to be passed by companion action
this day.
8. Directions to Staff.
In accordance with CEQA and CEQA Guidelines, City staff is being directed to (1)
prepare, file and provide a Notice of Determination of the City Council's action, (2) start the
process required for selling public park land and provide appropriate notices in accordance with
Government Code § 38440 et seq.; and (3) provide notice of the hearing on protests against sale
set for regular City Council meeting on June 2, 2009 at 4:30 p.m.
Evidence:
This Resolution Certifying the Recirculated Final Environmental Impact Report for the
Sale of the Flanders Mansion Property, including its Attachment A;
A Resolution of Notice of Proposed Discontinuance of Public Park Land and Setting
Date for Hearing of Protests Against Sale of Public Park Land, to be adopted by
companion action this day.
“of the people, by the people, for the people” of Carmel-by-the-Sea
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