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Land use committee authorizes 20-year deed restriction on Twin Peaks parcels tied to state Habitat Conservation Fund grant
Summary
The Land Use Committee approved a resolution allowing the city—s director of real estate to file a declaration of restrictions on two parcels in Twin Peaks to satisfy a California Habitat Conservation Fund grant; Recreation & Park staff said the deed restriction ensures trail improvements are maintained for 20 years.
The San Francisco Board of Supervisors Land Use Committee on March 12 approved a resolution authorizing the director of real estate to file a declaration of restrictions on Lots 17 and 23 of Assessor's Parcel Block 2643 (Twin Peaks Open Space) to comply with a Habitat Conservation Fund grant from the California Department of Parks and Recreation.
Toni Moran, grant manager in the Recreation & Park Capital Planning Division, told the committee that the state now requires deed restrictions as a condition of Habitat Conservation Fund grants to ensure improvements funded with state dollars are maintained and operated for 20 years. Moran said the declaration will include the grant agreement and will record that the parcels be kept for public recreation use through the grant term (stated in committee materials as ending 06/30/2033).
During public comment Nancy Werfel urged the committee to change the city—s grant-resolution forms to surface land-use restrictions such as covenants, conditions and restrictions (CCRs) before the grant is accepted. Werfel said CCRs can limit other city departments—use of property and recommended requiring written sign-off from affected departments before accepting grants with CCRs.
Supervisor Afsha Safai moved to approve the resolution with a committee report. Chair Katie Tang said the motion would be forwarded to the full Board and the clerk confirmed the item would appear on the board—agenda in accordance with committee rules. The committee approved the motion "without objection."
The committee record includes a staff report and the proposed declaration of restriction; the document will be filed with the assessor-recorder as the grant—condition requires. No change to the underlying ownership was reported; the action was limited to recording grant-mandated use restrictions and forwarding the item to the Board of Supervisors.
Next steps: the item will be placed on the full Board agenda per clerk procedures for final action and recording of the declaration as required by the state grant terms.
