COUNTY COUNSEL'S OFFICE - B. THOMPSON

Approve Third Amendment to the Irrevocable Offer of Dedication of Conservation Easement in regards to the Panoche Valley Solar Project Preserve, noting that the 3rd Amendment needs to be finalized and approved by the California Department of Fish & Wildlife prior to recordation.  Authorize the Chair authority to approve any additional needed changes, and to execute the 3rd Amendment after the 3rd Amendment is approved by DFW.

SBC FILE NUMBER:160

 SUMMARY:

Due to changes in the project, Applicant wishes to reduce the area of the project footprint of the Panoche Valley Solar Project, due to the reduction in size of the project.  As a result, a conservation easement can be recorded at this time, rather than upon decommissioning of the project.  In conjunction with the recordation of a new conservation easement, the existing Irrevocable Offer of Dedication (for land for a conservation easement upon decommissioning) needs to be revised, to reflect that a conservation easement is being recorded at this time.  

TIMING REQUIREMENT

The is a specific recording deadline for this IOD, which is 30 days after the issuance of the Incidental Take Permit (ITP).  Therefore, obtaining Board approval after the DFW approves the IOD could create a situation where the IOD cannot be recorded within the 30 day time period.

ADDITIONAL BACKGROUND

On December 11, 2015, the Applicant for the Panoche Valley Solar Project recorded an Irrevocable Offer of Dedication of Conservation Easement and Declaration of Restrictive Covenants (“IOD) which irrevocably offered a Conservation Easement over land such that a Conservation Easement would be accepted and recorded at decommissioning of the Project. 

On March 8, 2016, Applicant recorded a First Amendment to the Irrevocable Offer of Dedication which added the California Department of Fish and Wildlife (“CDFW”) as a Second Alternative Offeree. 

On January 5, 2018, Applicant recorded a Second Amendment to the Irrevocable Offer of Dedication, replacing existing Exhibits A-2, B, and B-5 with revised versions, and added Exhibit B-6 to depict the location of Parcel F showing an access easement for the switch yard.

The Offer and Declaration, as amended, contemplates a Development Footprint Area of approximately 2,054 acres, as depicted in Exhibit A-2 (Development Footprint Area) and described in Exhibit B (Legal Description of Development Footprint Area) of the IOD.

Currently, pursuant to Sections 1 and 17 of the Offer and Declaration, Applicant desires to (1) remove certain parcels from the Development Footprint Area (“Adjusted Conservation Area”) and from the eventual Development Footprint Area Conservation Easement, and (2) concurrently grant a conservation easement over the Adjusted Conservation Area (“Adjusted Conservation Easement”), attached as Exhibit H, in favor of Wildlife Heritage Foundation, a California nonprofit public benefit corporation.

In this action, the County will be providing its approval of the 3rd amendment to the IOD (adjusting the Conservation Area subject to the IOD in the future), in return for a conservation easement over that area which would be recorded concurrently.

1) Approve Third Amendment to the Irrevocable Offer of Dedication of Conservation Easement in regards to the Panoche Valley Solar Project Preserve, noting that the 3rd Amendment needs to be finalized and approved by the Department of Fish & Wildlife. 

2) Authorize the Chair authority to approve any additional needed changes, and to execute the 3rd Amendment after the 3rd Amendment is approved by DFW, County Counsel, and the Director of RMA.