ABSTRACT: The IMPARTIAL ANALYSIS BY CITY ATTORNEY on Measure I is reproduced from the MONTEREY COUNTY ELECTIONS SAMPLE BALLOT pamphlet.
MEASURE I
City of Carmel-by-the-Sea
Approve discontinuance and abandonment of, and authorization to sell, Flanders mansion property public parkland. Shall discontinuance and abandonment of the Flanders Mansion Property(APN 010-061-005) as public parkland, and authorization to sell the Flanders Mansion Property "with Conservation Easements and Mitigation" as passed on May 12,2009 by the City of Carmel-by-the-Sea City Council by Resolutions No. 2009-30 through 2009-33, be approved?
IMPARTIAL ANALYSIS BY CITY ATTORNEY
IMPARTIAL ANALYSIS BY CITY ATTORNEY, CITY OF CARMEL-BY-THE-SEA REGARDING MEASURE I – A MEASURE TO DISCONTINUE AND ABANDON AS PUBLID PARKLAND APPROXIMATELY 1.252 ACRES KNOWN AS FLANDERS MANSION PROPERTY, WITH CONDITINS TO INCLUDE CONSERVATION EASEMENTS AND MITIGATIONS, AND AUTHORIZATION TO SELL THIS PARCEL KNOWN AS FLANDERS MANSION PROPERTY.
The City of Carmel-by-the-Sea owns an approximately 1.252 acre parcel known as the Flanders Mansion Property. This property is part of the Mission Trail Nature Preserve. On May 12, 2009, the City Council of Carmel-by-the-Sea approved discontinuance and abandonment of the Flanders Mansion Property as public parkland, and sale of the property subject to conservation easements and mitigations. California State law requires voter approval to sell parkland. The City Council has placed this proposed measure on the ballot so voters can determine whether this action shall or shall not be enacted.
A vote FOR this measure will allow a parcel of land, approximately 1.252 acres in size, which contains a building known as the Flanders Mansion to be discontinued and abandoned as public parkland within Mission Trail Nature Preserve, and will authorize sale of this parcel including the land, buildings and all improvements. Any action to sell the Property would be subject to certain conservation easements and mitigations. Upon sale, the property could be used consistent with zoning standards. Current zoning allows residential use as well as a limited range of non residential uses.
The effect of the conservation easements and mitigations would be to (1) preserve public access to the Mission Trail Nature Preserve and the Lester Rowntree Arboretum at this location, and (2) minimize potential biological impacts on adjacent environmentally sensitive habitat areas that might result from future use of the property by a new owner. Easement restrictions and mitigations would provide for continued public use of portions of the property for trail access and prohibit a future owner of the parcel from installing fencing, walls or other man-made features within the boundaries of the easements. The Flanders Mansion is recognized as an historical resource and is listed on the National Register of Historic Places. Mitigations would require that the Flanders Mansion be fully rehabilitated as an historical resource consistent with local, State and Federal standards.
A vote AGAINST this measure will not allow the approximately 1.252-acre parcel of land, which contains a building known as the Flanders Mansion, to be discontinued and abandoned as public parkland within the Mission Trail Nature Preserve, will not authorize sale of the parcel, and specified conservation easements and mitigations associated with the measure will not be applicable.
BALLOT MEASURE INFORMATION HAS BEEN PRINTED “AS SUBMITTED” AND PROOFED BY THE PUBLIC AGENCY SUBMITTING THE MEASURE PRIOR TO PRINTING
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