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CC RES 1993-026RESOLUTION NO. 93-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CONSENTING TO THE RECORDING OF A PERMANENT OPEN SPACE CONSERVATION EASEMENT OVER CERTAIN CITY -OWNED PROPERTY AND DIRECTING THAT NECESSARY AGREEMENTS BE PREPARED WHEREAS, Palos Verdes Land Holdings Company and the Zuckerman family (collectively, "applicants ") have filed an application to develop a golf course and sin le -famil reside in the City f Rancho Palos g y residences Y Verdes in Coastal Subregion 7; and WHEREAS, the City Council of the City of Rancho Palos Verdes has approved said development application; and WHEREAS, the applicants have consulted with the City n Plan to mitigate the the development of a Habitat Enhancement y displacement of coastal California gnatcatchers and cactus wrens,, the removal of. coastal sage scrub habitat, and other environmental .impacts associated with the proposed development; and WHEREAS, parts of those certain parcels of City -owned property commonly known as the "switchback" area have been identified as an excellent site for mitigation efforts due to the fact that gnatcatchers and cactus wrens have been observed foraging in the cactus sage scrub habitat existing n the property; and g WHEREAS, the City -owned parcel's identified in this Resolution as sites for mitigation efforts each lie wholly ithin Hazard Area; and both a Restricted Use Area and Flood Ha y WHEREAS, the City of Rancho Palos Verdes is committed to retaining the parcels identified in this Resolution in their natural, open space condition in perpetuity in order to rotect the coastal sage scrub habitat P � and s o that the environmental impacts of the proposed development may be mitigated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1, The City Council of the City of Rancho Palos Verdes consents to the recording of a permanent, open-space conservation easement as defined in , Chapter 4 of Part 2 of Division 2 (commencing with Section 815) of the California Civil Code, across those certain parcels of City -owned ro ert identified as Lots 25 and 26 o p p y f Tract 32574, consisting of 46.15 acres, and of 48.35 acres, respectively, for the purpose of retaining the natural open -space condition of the property, so that coastal sage scrub habitat g may be protected and enhanced as 930309 R6876 -00001 cas 1200175 part of the Habitat Enhancement Plan of the Ocean Trails development proposal. Section 2. The permanent, open -space conservation easement shall take the form of a deed restriction recorded b the City of Rancho Palos Verdes with y the Registrar /Recorder of Los Angeles County. The deed restriction shall rovide that neither the City f p y Rancho Palos Verdes nor any successive_ owner of the property will undertake any action or use of the property that would in an way adversely P p y open-space •y• y y impact the property's natural, • condition, or the conservation easement established b this Resolution. y Section 39 The City Manager and City Attorney re directed to prepare the document y documentation* necessary to record the permanent open -space conservation easement, and to resent such documents to the City ouncil p • y for approval prior to recording. Section 4. The City Manager and City Attorney re further directed to negotiate y• g an agreement with the applicants to compensate the City for the property rightk the City ill relinquish as a consequence y open-space. .q of agreeing to record the permanent conservation easement across its property, and to present the agreement to the City Council for approval prior to execution. P p Section 5. The City Manager and City Attorney re further directed to negotiate y • g an agreement with the applicants and any appropriate State or Federal agenc y that p rovides for the fundin g and p erf orma nce of both initial and permanent habitat improvement and maintenance on the site, and to present the agreement to the City:-'Council for approval. 1993. PASSED, APPROVED and ADOPTED this 16th day of March, /S/ SUSAN BROOKS MAYOR ATTEST: /S/ JO PURCELL CITY CLERK State of California � County of Los Angeles ) ss City of Rancho Palos Verdes I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 93- 2 wa duly and regularly adopted 6 s g y p ed by the City Council of the City of Rancho Palos Verdes at a regular meeting thereof held on March 16, 19930 CITY CLERK CITY OF RANCHO PALOS VERDES 930309 R6876 -00001 cas 1200175 - 2 - RESOL . NO. 93-26