(2)AR 011607 Endangered Species - Laserfiche WebLink

Browse Search

amended to reflect current conditions and community need, conservation easements limit use of the affected land in perpetuity. (Cal. Civ. Code, § 815.2, subd. (b).) Thus, conservation efforts that occur without a local jurisdiction's knowledge may severely disrupt its planning activities. Property owners and wildlife agencies may currently enter into conservation agreements without any input from the City, and as a result, the adverse impacts discussed above may be overlooked in the establishment of habitat conservation uses. Additionally, no reasonably convenient mechanism currently exists to allow the City to track the number, size, and length of time that properties are encumbered by such contracts and conservation easements. While conservation easements must be recorded at the County Recorder's office, the City's limited resources and limited searchability of the County's records make regular and frequent records searches financially infeasible. In May of 2004, the City Council directed Planning Staff to undertake a comprehensive analysis and revision of the Land Use Element of the General Plan. Since that time, staff and the City's General Plan consultants have been working to gather information and prepare development scenarios for consideration by the Planning Commission and City Council. City staff and the City's General Plan consultants are at the stage where they are analyzing data for the development of recommendations for proposed development scenarios and land uses. These development scenarios include making recommendations about proposed land uses and building intensities for proposed land use designations. At the same time, staff has learned that property within the City is being set aside as habitat conservation in areas that are currently designated for other types of development. For example, more than 60 acres within the City have been encumbered by a conservation easement in perpetuity for Delhi Fly habitat. The City did not learn about the conservation easement until after it had already been recorded. City staff anticipates that more acreage within the City will be encumbered by such habitat conservation. In fact, a recent Biological Opinion provided by the U.S. Fish & Wildlife Department notes that "[I]n most cases, substantial additional land will need to be acquired to ensure long-term conservation of existing [Delhi -Sands Flower Loving Fly] populations." (Source: Slover Avenue Biological Opinion, pp. 11, emphasis added.) For the reasons explained above, habitat conservation may severely impact the City's planning efforts at a time when data for determining appropriate land uses and land use intensity is being gathered and considered, unless a mechanism is created to track land that becomes unavailable for development due to it being encumbered as habitat conservation.