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HomeMy WebLinkAbout06/21/2005, BUS. 6 - AUTHORIZATION OF THE ACCEPTANCE OF AN OPEN SPACE AND AGRICULTURAL CONSERVATION EASEMENT ON A 62.5 A I council �91/0_)� j acEnaa wpout "gyp &-S CITY O F SAN LUIS O B I S P O FROM: Wendy George, Assistant City Administrative Officer 4)C Prepared By: Neil Havlik, Natural Resources Manager .4 SUBJECT: AUTHORIZATION OF THE ACCEPTANCE OF AN OPEN SPACE AND AGRICULTURAL CONSERVATION EASEMENT ON A 62.5 ACRE PORTION OF THE CONGREGATION BETH DAVID PROPERTY ON LOS OSOS VALLEY ROAD CAO RECOMMENDATION Approve a Resolution authorizing the Mayor to accept the dedication of a conservation easement covering a 62.5 acre portion of the approximately 92 acre Congregation Beth David property, located at the intersection of Los Osos Valley Road and Foothill Boulevard, and subject to non- substantive changes approved by the City Attorney. DISCUSSION Council members will recall that City staff had long and difficult negotiations with the previous owners of this property (the Morganti family) regarding the possible purchase of that property for open space purposes. Portions of the property had some significant environmental concerns and zoning code issues, which ultimately led to the failure of our negotiations. In December 2000 the City's offer to purchase the property was rejected by the family, and the property subsequently was sold to the Morgantis' long-time tenant, Mr. Dan DeVaul, and to the Congregation Beth David, which had been looking for a site for a new temple. As part of the Congregation's approval for plans to build the temple, they were required by the County to offer a conservation easement on approximately 62.5 acres of the site to the City of San Luis Obispo. The Congregation, through their attorney Tim Carmel, has offered a conservation easement to the City, which was reviewed by City staff, and certain modifications suggested. That version is now before the Council for consideration. The easement is a relatively simple and straightforward one. It restricts the easement area to agricultural and open space uses in perpetuity. It prohibits any construction in the easement area except for certain agricultural structures such as barns, or for wetland creation or enhancement that might be permitted through proper regulatory procedures. The City retains reasonable right of prior review and approval of such structures. At the request of the Congregation, the easement permits subdivision of the easement area, with the understanding that the easement itself is unaffected. The practical effect of this would be to allow future subdivision of the unencumbered portion of the property to include a portion of the easement area should it be necessary to have a certain size of lot to meet zoning standards, etc. This is not something that is anticipated by the Congregation at this time. Beyond this the easement language is standard. g/staff/havlik/councilagenda/congregation dedication /'_/ Council Agenda Report—Conservation Easement for the Congregation Beth David Page 2 CONCURRENCE At its regular meeting of May 25, 2005, the Planning Commission found that acquisition of the Easement was consistent with the City's General Plan. FISCAL IMPACT This transaction will have very minor impacts on the City. There will be a need for annual monitoring of the property for compliance purposes, but given the ease of such monitoring (it could occur from Foothill Boulevard, for example) this is not expected to be a significant cost. Any costs of enforcement actions would be able to be recovered from the Grantor should that occur. Attachments: 1. Draft Easement (w/o Exhibits) 2. Location Map 3. Portion of Conditions of Approval for Congregation Beth David Project from San Luis Obispo County Planning.Commission 4. Draft Minutes of San Luis Obispo City Planning Commission Recommendation, Meeting of May 25, 2005 5. Resolution �—2. RECORDING REQUESTED BY AND ATTACHMENT 1 WHEN RECORDED RETURN TO: City of San Luis Obispo Community Development Department 990 Palm Street San Luis Obispo, CA 93401-3249 OPEN SPACE AND AGRICULTURAL CONSERVATION EASEMENT AGREEMENT (NO RECORDING FEE -- EXEMPT) This Open Space and Agricultural Conservation Easement Agreement, is made and entered into this 21st day of June, 2005, by and between CONGREGATION BETH DAVID of SAN LUIS OBISPO, a non-profit religious institution, hereinafter called"Owner", and the CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, hereinafter called "City". WITNESSETH WHEREAS, Owner owns certain property (the "Subject Property") situated within the County of San Luis Obispo (the "County"), as described in Exhibit"A", attached hereto and incorporated herein, commonly known as 10180 Los Osos Valley Road, San Luis Obispo (Assessors Parcel Number: 067-091-011), and � -3 ATTACHMENT WHEREAS, the Subject Property has certain agricultural resources,natural scenic beauty and existing openness, and WHEREAS, an offer of dedication of an open space and agricultural conservation easement in a portion of the Subject Property was required pursuant to Condition of Approval No. 5 of County Planning Commission Resolution No. 2004-081 approving Conditional Use Permit No. D0200760, which authorized development of an 18,210 square foot temple facility on the Subject Property, and WHEREAS, both Owner and City desire to preserve and conserve for the public benefit the natural scenic beauty and existing openness, natural condition and agricultural use of the Subject Property, and WHEREAS, the Owner has offered to dedicate this open space and agricultural conservation easement to preserve the site's beauty and existing openness by restricting Owner's use of and activities on the Subject Property through the imposition of a perpetual open space and agricultural conservation easement with the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the above recitals, and in further consideration of the mutual promises, covenants and the conditions herein contained, the parties agree as follows: G —� ATTACHMENT 1 1. Owner hereby grants to City, an open space and agricultural conservation easement (the "Easement")over the portion of the Subject Property (the "Easement Area") described in Exhibit`B" attached hereto and incorporated herein. Said grant of an open space and agricultural conservation easement conveys to City, an estate and interest in the Subject Property. The purpose of the open space and agricultural conservation easement is to allow continuation of prior historical agricultural activities on the property, including grazing and cultivation, and to otherwise restrict the use of the Subject Property as hereinafter set forth. 2. The restrictions hereby imposed upon the use of the Easement Area by Owner and the acts which Owner shall refrain from doing upon the Easement Area are, and shall be, as follows: a. The construction or placement of any building or other structure is prohibited in the Easement Area, except structures and improvements to be used solely for agricultural production on the Subject Property, including equipment sheds, irrigation systems, fencing, and improvements for agricultural production purposes and the sale of farm products predominately grown or raised on the Subject Property. All such structures and improvements, individually and combined, must be consistent with the provisions of this open space and agricultural conservation easement and Public Resources Code § 10262. Any such ATTACHMENT structures proposed to be built or placed within the Easement Area shall be subject to the reasonable prior review and approval of the City. b. No residential dwellings may be constructed or placed in the Easement Area. c. No signs; billboards, or similar structures or devices or advertising of any kind or nature may be located on-or in the Easement Area. d. No extraction of surface or subsurface natural resources (except water resources) may be allowed in the Easement Area. 3. The Easement Area may be used for wetland and biological resource mitigation banking. As used herein, mitigation banking means the restoration, creation, enchantment and/or preservation of wetlands and/or biological resources, for the purpose of providing compensation mitigation as a result of impacts to similar resources. 4. Owner shall retain and reserve all water rights of any kind or nature on the Subject Property, including the Easement Area. 5. The Subject Property may be subdivided, subject to obtaining all necessary permits and approvals; however,notwithstanding any such subdivision, the Easement Area shall not be reduced in size. 6. This Agreement shall remain in effect in perpetuity. 7. The terms and conditions contained herein shall be binding on the parties hereto and their heirs, successors and assigns. 8. Owner retains the right to perform any act on the Subject Property, including the Easement Area, not specifically prohibited or limited by this Agreement. 64 O' ATTACHMENT I These ownership rights include, but are not limited to, the right to exclude any member of the public from trespassing and the right to sell, lease, or otherwise transfer the Subject Property, including the Easement Area, to anyone they choose. 9. Other than as specified herein, this Agreement is not intended to impose any legal or other responsibility on the City, or in any way to affect any existing obligation of the Owner as owner of the Subject Property including the Easement Area. Among other things, this shall apply to: (a) Taxes --The Owner shall be solely responsible for payment of all taxes and assessments levied against the Subject Property including the Easement Area. If the City ever pays any taxes or assessments on the Subject Property or the Easement Area, or if the City pays levies on Owner's interest in order to protect City's interests in the Subject Property or the Easement Area, the Owner will reimburse the City for the same. (b) Upkeep and Maintenance --The Owner shall be solely responsible for the upkeep and maintenance of the Subject Property including the Easement Area, to the extent it may be required by law. The City shall have no obligation for the upkeep or maintenance of the Subject Property or the Easement Area. (c) Liability and Indemnification —In view of City's negative rights, limited access to the land, and lack of active involvement in the day-to- day management activities on the Subject Property or the Easement Area, Owner shall indemnify, protect, defend and hold the City, their officers, directors, members, employees, contractors, legal representatives, agents, successors and assigns harmless from and against all liabilities costs, losses, orders, liens, penalties, damages, expenses, or causes of action, claims, demands, or judgments, including without limitation reasonable attorney's fees, arising from or in any way connected with injury or the death of any person, or physical damage to any property, or any other costs or liabilities resulting from any act, omission, condition, or other matter related to or occurring on or about the Subject Property, including the Easement Area, regardless of cause, unless due to the negligence or willful misconduct of City. City shall be named additional insured on Owner's general liability insurance policy. ��7 ATTACHMENT 1 10. The City shall manage its responsibilities for the Easement, including, but not limited to, annual monitoring, such additional monitoring as circumstances may require, record keeping, and enforcement, for the purposes of preserving the agricultural productive capacity and open space character of the Easement Area in perpetuity. The City shall maintain a record of annual monitoring, describing the method of monitoring, condition of the Easement Area, stating whether any violations were found during the period, describing any corrective actions taken, and the resolution of any violation. 11. The City shall have the right to prevent and correct violations of the terms of this Agreement. With reasonable advance notice to the Owner, the City may enter the Easement Area for the purpose of inspecting for violations. If the City finds what it believes is a violation, it may at its discretion take appropriate legal action. Except when an ongoing or imminent violation could irreversibly diminish or impair the open space character and agricultural productivity of the Easement Area, the City shall give the Owner written notice of the violation and thirty (30) days to correct it,before filing any legal action. If a court with jurisdiction determines that a violation may exist or has occurred, the City may obtain an injunction to stop it, temporarily or permanently. A court may also issue an injunction requiring the Owner to restore the Easement Area to its condition prior to the violation. In any case where a court finds that a violation has occurred, the Owner shall reimburse the City for all its expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorney's fees. The failure of the City CO- ATTACHMENT 1 to discover a violation or to take immediate legal action shall not bar it from doing so at a later time. Without limiting Owner's liability therefore, the City shall apply damages recovered to the cost of undertaking any corrective action on the Easement Area. Should the restoration of lost values be impossible or impractical for whatever reason, the City shall apply any and all damages recovered to furthering the City's mission, with primary emphasis on agricultural easement acquisition and enforcement. 12. If the City should desire to transfer the Easement created by this Agreement to another qualified party, the City must first obtain written permission from the Owner, which permission shall not be unreasonably withheld. The request shall state the name of the qualified party to which the transfer is proposed, the reasons therefore, and such other information as the Owner may request. If written consent is given for the proposed transfer, the City may transfer the Easement created by this Agreement to: 1) a private nonprofit organization that, at the time of transfer, is a "qualified organization" under Section 170(h) of the U.S. Internal Revenue Code and under Section 815.3(a) of the Civil Code of California and has similar purposes to preserve open space and prime in:eplaceable farmland, as well as agreeing to assume the responsibilities imposed by this Agreement; 2) if no such private nonprofit organization is willing to assume the responsibilities imposed by this Agreement, then the Easement created by this Agreement may be transferred to any public agency authorized to hold interests in real property as provided in section 815.3(b) of the Civil Code of California. Such a transfer may proceed only if the 6-� ATTACHMENT � C` organization or agency expressly agrees to assume the responsibility imposed on the City by this Agreement. If the City ever ceases to exist or no longer qualifies under Section 170(h) of the U.S. Internal Revenue Code, or applicable state law, a court with jurisdiction shall, upon consultation with the California Department of Conservation, transfer this Easement, pursuant to the California Public Resources Code Section 10235(b), to another qualified organization, as defined in Section 815.3 of the Civil Code of California, and having similar purposes that agrees to assume the responsibility imposed by this Agreement. 13. Any time the Subject Property itself, or the Easement Area, or any interest in either of them, is transferred by the Owner to any third party, the Owner shall notify the City in writing at least 30 days prior to such transfer, and the document of conveyance shall expressly incorporate by reference this Agreement. Any document conveying a lease of the Subject Property or of the Easement Area shall expressly incorporate by reference this Agreement. Failure of the Owner to do so shall not impair the validity of this Easement or limit its enforceability in any way. 14. This Easement may be amended only with the written consent of the Owner and City. Any such amendment shall be consistent with the purposes of this Agreement and with the City's easement amendment policies, and shall comply with Section 170(h) of the Internal Revenue Code, or any regulations promulgated in accordance with that section, and with Section 815 et seq. of the Civil Code of California, or any regulations promulgated thereunder. ATTACHMENT 1 15. Termination of the Easement shall be governed by Sections 10270-10277 of the Public Resources Code of California. Termination of the easement through condemnation is subject to the requirements of Section 10261 of the Public Resources Code. If all or any portion of the Subject Property is acquired by eminent domain, or by purchase in lieu of eminent domain, the City shall be paid by the condemnor(or purchaser) the value of the Easement at the time of condemnation (Public Resources Code Section 10261(a) 2). Should this easement be condemned or otherwise terminated on any portion of the Easement Area, the balance of the Subject Property shall remain subject to this Agreement. In this event, all relevant related documents shall be updated and re-recorded by the City to reflect the modified Easement Area. 16. (a) This Agreement shall be interpreted under the laws of California, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation purposes. (b) References to authorities in this Agreement shall be to the statute, rule, regulation, ordinance or other legal provision that is in effect at the time this easement becomes effective. 17. (c) No provision of this Agreement shall constitute governmental approval of any improvements, construction or other activities which may be permitted under this Agreement.The Easement created by this Agreement pursuant to Civil Code section 815.1 shall run with the land in perpetuity. Every provision of this Agreement that applies to the Owner or City shall also apply ATTACHMENT to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear. No merger of title, estate or interest shall be deemed effected by any previous., contemporaneous, or subsequent deed, grant,or assignment of an interest or estate in the Subject Property; or any portion thereof, to City, or its successors or assigns, it being the express intent of the parties that this Easement not be extinguished by, or merged into, or any other interest or estate in the Subject Property now or hereafter held by City or its successors or assigns. 18. Any notices to Owner and City required by this Agreement shall be in writing and shall be personally delivered or sent by first class mail, to the following addresses, unless a party has been notified by the other of a change of address: To Owner: Congregation Beth David 2932 Augusta Street San Luis Obispo, CA 93401 To City: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 19. The Owner.warrants that Owner has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Subject Property and hereby promises to defend and indemnify City against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, ATTACHMENT 1 arising from or connected with any release of hazardous waste or violation of federal, state or local environmental laws. Notwithstanding any other provision herein to the contrary, the parties do not intend this Agreement be construed such that it creates in or gives the City: (a) the obligations or liability of an "owner"or"operator" as those words are defined and used in environmental laws, as defined below, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 USC section 9601 et seq. And hereinafter "CERCLA"); (b) the obligations or liability of a person described in 42 USC section 9607 (a)(3)or(4); (c) the obligations of a responsible person under any applicable Environmental Laws; as defined below; (d) the right to investigate and remediate any Hazardous Materials, as defined below, associated with the Subject Property;or (e) any control over Owner's ability to investigate, remove, remediate, or otherwise clean up any Hazardous Materials associated with the Subject Property. The term "Hazardous Materials" includes, without limitation, (a) material that is flammable, explosive, or radioactive (b)petroleum products; and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or �-l3 �J c'TTACHIWENT related materials defined in the CERCLA.(42 USC section 9601 et seq.), the Hazardous Materials Transportation Act (49 USC section 5101, et seq.), the Hazardous Waste Control Law (California Health and Safety Code section 25100 et seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable federal, state, or local laws, ordinances, rules, or regulations now in effect or enacted after this date. The term "Environmental Laws" includes, without limitation, any federal, state or local or administrative agency statute, regulation, rule, ordinance, order or requirement relating to pollution, protection of human health, the environment or Hazardous Materials. 20. Owner represents and warrants that Owner has good fee simple title to the Subject Property, free from any and all liens or encumbrances,except those set forth in Exhibit C, all of which have been subordinated to this Easement, and hereby promises to defend the same against all claims that may be made against it. Owner represents and warrants that the Subject Property is not subject to any other conservation easement whatsoever. Owner may grant subsequent conservation easements on the Easement Area, provided that such subsequent easements are for the purpose of wetland, wildlife habitat or biological resource creation, enhancement or preservation. City shall be notified in advance, in writing, of any proposed conservation or other easement on the Subject Property. 21. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the ITTACHIWENT remainder of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 22. As attested by the signature of its Mayor affixed hereto, in exchange for consideration, the City hereby accepts without reservation the rights and responsibilities conveyed by this Agreement. ! ATTACHMENT I IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first written above. ALL SIGNATURES MUST BE NOTORIZED OWNER/GRANTOR CONGREGATION BETH DAVID OF SAN LUIS OBISPO By Robert Turbow,President CITY OF SAN LUIS OBISPO By Dave Romero, Mayor APPROVED AS TO FORNLD THm R LOWELL City Attorney ("-.16 ZZ IN • %'' •g / J :. : ' iii ME all J / j/ �� y�/ f f�.. o 440 'k ,.. ` A. O property boundary 0 200 `•� 43 easement area . o 120, O /3a 1 >_ - O ,A / 10, CITY OF SAN LUIS OBISPO GREENBELT PROTECTION PROGRAM Congregation Beth David Conservation Easement Donation scale F'=1,000' �v��7 -- -- - - - � '-- J ATTACHMENT 3 a. A color board that includes manufacturer's specifications or color samples. The colors selected shall be muted tones consistent with the applicant supplied photo simulations-The project's colors shall be modified as follows: the specular gloss rating of the roof material shall be 10 percent to 15 percent at an angle of 60 degrees. The green roof color shall be more neutral than that shown in applicant- supplied simulations to better match the surrounding trees. The buff wall colors shall be modified to be less yellow than that shown in the applicant rendered photo simulations. The water tanks shall also meet these specifications. b. Colors for the proposed water tanks that are either a medium warm gray or a green selected to best harmonize with the adjacent landscape color and the specular gloss rating shall be 10 percent to 15 percent at an angle of 60 degrees. c_ In the event that the building site location or elevations change significantly from the previously-submitted preliminary plans,an additional analysis shall be prepared to insure that the changes do not significantly impact views from previously identified key viewing areas. 4. The applicant shall submit revised landscape plans to the Department of Planning and Building for review apd approval a. This landscape plan shall Include: a combination of berms and solid evergreen vegetation to screen the building(s), water tank(s) and parking area(s) within five years. Shade trees along southern exposures of buildings to reduce summer cooling needs, landscape lighting, efficient drip irrigation systems which minimize surface runoff and evaporation and maximizethe waterwhich will reach plant roots, and outside electrical oulets. The landscape plan shall incorporate native and, if necessary, drought tolerant non-native, non-invasive plant species: The genetic source of native plant species shall be specified in the final landscape plans. Wherever feasible, plants shall be grown from local seed or propagated from local native plant materials (such as cuttings or divisions)so as not to contaminate the genetic integrity of the on-site native habitats. Collection of seed or propagules should be done from the project site or from similar habitats within the Los Osos Valley area. b. The applicant shall also submit a landscape maintenance plan to the County Department of Planning and Building for review and approval The maintenance plan shall identify the program for growing and maintaining the proposed vegetative screens so that they achieve the two-year(for the water storage tank screening) and five-year growth plan for remaining vegetation. The plan shall also identify the long range maintenance and vegetative replacement plan to insure that said screening will be maintained for 15 years,including replacement of any trees which may die. (02.5 A4L rR' 'cu re 5. The project applicant shall execute an ag ement with the City of San Luis Obispo to maintain in open space approximately Cres of the project site proposed to remain undeveloped. Guarantees of open s ace preservation may tae in the farm of a public purchase, agreements, easements, controls or other appropriate instruments acceptable to the City of San Luis Obispo and the County of San Luis Obispo County Counsel. This open space guarantee will allow a continuation of prior agricultural activities including grazing, cultivation and fallow open space. if the City of San Luis Obispo chooses not to !tl/Ytl/'ltltl4 1L:al tltl57KbC10GJ UHJlb r1bDUl, rM�c �c,� ATTi4CHME participate in the agreement with the applicant,the County of San Luis Obispo shall execute the agreement in a form acceptable to County Counsel. Evidence shall be submitted from the City explaining why the City will not execute the agreement- Air Quality 6. The applicant shall submit a geologic analysis to determine if asbestos-bearing serpentine rock is present. If naturally occurring asbestos is found at the project site, an Asbestos Health and Safety Program and an Asbestos Dust Control Plan will be submitted to the Air Pollution Control District for review and approval prior to project grading- 7. The applicant shall submit grading and building plans that include: Fugifn+e Dust Measures a. Water trucks or sprinkler systems shall be used in sufficient quantities to prevent airbome dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed water shall be used for dust control and other construction-related purposes during project construction. b. Ali dirt stock-pile areas shall be sprayed daily as needed. C. .Exposed ground areas that are planned to be reworked at dates greater than one month shall be sown with a fast-germinating native grass seed and watered until vegetation is established. d. All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders,jute netting or other methods approved in advance by the APCD. e.. All roadways, driveways, sidewalks. etc. shag be paved as soon as possible. In addition, building pads shag be laid as soon as possible after grading unless seeding or soil binders are used. f• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. g. AD trucks hauling dirt, sand, soil, or other loose materials shall be covered or maintain at least two feet of freeboard. h. Where vehicles enter and exit unpaved roads onto streets,wheel washers or gravel pads shall be installed or trucks and equipment will be washed when leaving the site. i. Streets shag be swept at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water shag be used where possible. j. All material excavated or graded shag be sufficiently watered to prevent excessive amounts of dust. Watering shag ocx ur at least twice a day with complete coverage, preferably In the fate moming and after work is done for the day. k. the contractor or builder shag designate a person or persons to monitor the dust control program and to orderinareased watering,as necessary,to prevent transport of dust off site. Their duties shall include holidays and weekend periods when work v may not be in progress. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use Clearance for finish grading of the structure. Other Measures 1. The applicant shall require that all construction equipment be properly maintained and tuned according to manufacturer's specifications. ATTACHMENT 4 Draft Planning CommissionMinutes Date Page 2 Bruce Walter, applicant, answered questions pertaining to the development plans. There were no further comments made from the public. COMMISSION COMMENTS: On motion by Commissioner Loh to recommend the Ctiv Council modify PD-1457, to allow banks/savings & loans and broadcast.studios, and to allow laboratories (medical, analytical) with a Planning Commission Use Permit. Seconded by Commissioner Osborne. AYES: Commrs. Miller, Osborne, Aiken, Boswell, Loh; Carter, and Christianson NOES: None ABSENT: None ABSTAIN: None The motion carried on a 7 :0 vote. go 2. Open Space. GPC 77-05: Review of a proposed dedication to the City of a port of the 92 acre Congregation conservation easement fora 62.5 acre p _ Beth David property at the southeast corner of Los Osos Valley Road and Foothill Blvd. and it's conformity with the City's General Plan; City of San Luis Obispo, applicant. (Neil Havlik) Neil Havlik, Natural Resources Manager, presented the staff report and recommended that the Commission determine and report to the City Council that the proposed property easement on a 62.5 acre portion of the Congregation Beth David property acquisition conforms with the General Plan PUBLIC COMMENTS: There were no comments made from the public. COMMISSION COMMENTS: Discussion focused on the types of uses of the property, such as continued grazing that would be consistent with open space and agricultural preservation, and the potential for future development of a portion of the project site that is not part of current development plan and is outside of the conservation easement. On motion by Commr. Miller to determine and report to the City Council that the proposed property easement on a 62.5 acre portion of the Congregation Beth David Property acquisition conforms with the General Plan. Seconded by Commissioner-Loh. AYES: Commrs. Miller, Osborne, Aiken, Boswell; Loh, Carter, and Christianson NOES: None ABSENT: None ABSTAIN: None ATTACHMENT 5 RESOLUTION NO.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACCEPTANCE OF AN OPEN SPACE AND AGRICULTURAL CONSERVATION EASEMENT ON REAL PROPERTY WHEREAS, Congregation Beth David of San Luis Obispo, a non-profit religious institution ("Grantor') is the owners in fee simple of certain real property in San Luis Obispo County, California, outside of but adjacent to the City of San Luis Obispo, described as Assessor's Parcel Number 067-091-011 ("the "Property"); and WHEREAS, the Property possesses natural resource values including agricultural production, wildlife and plant resources, and scenic open space values (the "Conservation Values") of great importance to Grantor, the people of the City of San Luis Obispo, and the people of the State of California; and WHEREAS, due to the Property's topography portions of it are particularly valuable as agricultural land and as a site on which to conduct wetland mitigation and enhancement projects; and WHEREAS, Grantorintends that the conservation values of said portions of the Property be preserved and maintained by the continuation of currently existing land use patterns; and WHEREAS, Grantor further intends, as owner of the Property, to convey to the City of San Luis Obispo the right to preserve and protect the conservation values of said portions of the Property in perpetuity; and WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the State of California that is authorized by law to accept Conservation Easements; and WHEREAS, the City of San Luis Obispo agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation values of said portions of the Property for the benefit of this generation and the generations to come. NOW, THEREFORE; BE IT RESOLVED that the City Council of the'City of San Luis Obispo hereby: 1. Authorizes acceptance of the offer of donation of an Open Space and Agricultural Conservation Easement Assessor's Parcel Number 067- 091-011, subject to non-substantive changes approved by the City Attorney; and 2. Authorizes and directs the Mayor to accept said Conservation Easement on behalf of the City of San Luis Obispo. �-2j ATTACHMENTS- Approved and adopted this 21"day of June, 2005. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: David F. Romero, Mayor ATTEST: Audrey Hooper, .City Clerk APPROVED AS TO FORM: Jona_Fjt a P. Lowell, City Attorney Cv-ZZ