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Page 2 <br />while also allowing the current owners to realize a substantial economic benefit from this generous gift <br />bequeathed to them by Martha Sexlinger. <br />The recent California appellate case, Masonite Corporation v County of Mendocino, 2013 DJDAR 9784, <br />as summarized in the attached letter from our legal counsel, Deborah Rosenthal, to Vincent Fregoso, <br />dated August 21, 2013, would seem especially relevant to the above proposed alternative. In her letter, <br />Ms. Rosenthal outlines that "[17his case holds that a requirement to dedicate an agricultural conservation <br />easement is a legally feasible mitigation for impacts to prime farmland under CEQA. P. 9780. The <br />decision also notes that acquisition of agricultural conservation easements "over acreage equal to the <br />agricultural acreage lost due to a project is 'standard for California communities. "' P. 9791. Finally, the <br />Court of Appeal reaffirms that "the preservation of agricultural land is an important public policy" that <br />CEQA is intended to effectuate. R 9791:' <br />"Under Masonite, "standard" mitigation for loss of the highly productive Sexlinger Orchard would be an <br />agricultural conservation easement over 2.5 acres on -site or 5 acres off -site. The remaining 2,5 acres of <br />the Orchard would be available for compatible residential development, as proposed In" the option <br />outlined above. Depending on design, The Conservancy believes that such an alternative for the <br />Sexlinger Farmhouse and Orchard could comply with CEQA. <br />We respectfully request that you consider directing staff to revise the EIR prepared for the project to <br />include a preservation option such as the one presented above that could truly assure long -term <br />preservation of the historic Sexlinger Farmhouse and Orchard in accordance with CEQA. <br />Sincerely, <br />Jeannie Gillett <br />President <br />The Old Orchard Conservancy <br />Enclosure <br />cc: Ryan Bensley, TOOC Vice President <br />Patrick Mitchell, TOOC Director <br />Moises Plascencia, TOOC Director <br />Steve Ray, TOOC Director <br />Nick Spain. TOOL Director <br />Deborah Rosenthal, AICP, Esq. <br />Matthew Holbrook, Esq. <br />Sonia Carvalho, Esq. <br />www.0Id0rchaidConservaiicy.org <br />75A -84 <br />