RECENT MONTEREY COUNTY AND CALIFORNIA COASTAL COMMISSION
CORRESPONDENCE REGARDING PROCESSING OF THE MEASURE "A" INITIATIVE

Return to
HOME PAGE

Return to
MONTEREY COUNTY ACTION

Return to
CALIFORNIA COASTAL COMMISSION


(Click on each title to jump directly to that letter below.)


 March 19, 2004

Dave Potter, 5th District Supervisor
Monterey County
1 200 Aguajito Rd. #001
Monterey, CA 93940

and

Charles J. McKee, County Counsel
Monterey County
80 West Market St. #140
Salinas, CA 93901

Subject: Release of Draft Environmental Impact Report and Final Environmental Impact Report for Pebble Beach Company's Pending Applications for Development Projects in Del Monte Forest - Final EIR needs Public Review prior to Public Hearings

Reference: December 15, 2003 Letter to me from Mary Perry, Deputy County Counsel on Measure "A" (Copy enclosed)

Dear Dave and Charles,

As you know, Thom McCue, Senior Planner for the County, has notified the public that written responses with comments on the February, 2004 Draft EIR on the Pebble Beach Company's Del Monte Forest Preservation and Development Plan are to be in his office prior to 5:00 pm March 22, 2004. He has also indicated that the Final EIR on the proposed major construction projects will be released for the public at the time of the County Planning Commission public hearings are scheduled on the pending applications.

The first public hearing on PB Co's. pending applications was held on March 11, 2004 by the County's Del Monte Forest Land Use Advisory Committee, (LUAC). This Committee voted on thirteen separate proposed Residential Subdivisions and major development projects covered by the pending applications. I am a member of the LUAC and I questioned the timing of this hearing as I believe uninformed decisions would be made without the benefit of an amended Del Monte Forest or County General Land Use Plan encompassing the proposed changes covered by the Measure "A" Initiative that has not yet been certified. In addition, the Committee did not have the benefit of reviewing the Final EIR which won't be available until later this year.

Thom McCue has advised the Del Monte Forest Land Use Advisory Committee that the County's Subdivision Committee will hold a public hearing on the pending applications on April 8, 2004. It appears that decisions will also be made at this hearing without the benefit of reviewing important facts in the Final Environmental Impact Report on the development plans.

Forest residents and Monterey County tax paying property owners are concerned that the accepted public disclosure procedures are not being followed by the County.

I understand that the basic principles covered in the 1969 National Environmental Policy Act, (NEPA) and the California Environmental Quality Act (CEQA), amended January 1, 200 1, provide guidelines on proper public disclosure periods and that adequate time must be given to allow the public and County officials to review a Final EIR before it is approved by the appropriate authorities.

Shouldn't proper public policy be followed to permit the County decision makers to make informed decisions?

Your views on this important issue with a reply will be appreciated.

Sincerely,

/ss/

Ted R. Hunter

enclosure
cc: Paul DeLay, Chairman DMF LUAC
      Scott Hennessy and Thom McCue, County Planning Dept.
      Louis Calcagno, Chairman, County Board of Supervisors
      Carolina Garcia, Exec. Editor, Monterey County Herald
      Eric Johnson, Editor, Coast Weekly

[TOP OF PAGE] 

 

MONTEREY COUNTY

OFFICE OF THE COUNTY COUNSEL
60 WEST MARKET STREET, SUITE 140 SALINAS, CALIFORNIA 93901-2653
(831) 755-5045      FAX: (831) 755-5283

 

CHARLES J. McKEE
COUNTY COUNSEL

December 15, 2003

Mr. Ted Hunter
Post Office box 1189
Pebble Beach, CA 93953

Dear Mr. Hunter:

Thank you for contacting this Office regarding Measure A. This letter responds to the following questions and concerns you raised during your recent telephone call with County Counsel, Charles J. McKee. The General Plan Update (GPU) refers to Measure A. How can Measure A be part of the GPU if Measure A has not been certified by the California Coastal commission (CCC)? Has Measure A been submitted to the CCC? Is Measure A consistent with the Local Coastal Plan (LCP)? Is it consistent with the Coastal Act? Can the County submit the Pebble Beach Company (PBC) plan, Environmental Impact Report (EIR) and Measure A to the CCC at the same time? Can the County accept the PBC application without Measure A certification?

Measure A was approved by the voters but it has not been submitted to the CCC. The County intends to process the Pebble Beach project application that would implement Measure A, including the EIR which is currently nearing completion, through the Planning Commission and Board of Supervisors (Appropriate Authorities). If approved by the Appropriate Authorities, the County will then submit the whole package to the CCC for certification of the land Use Plan (LCP) amendments necessitated by Measure A and the project. County determinations with regard to Measure A consistency with the Local Coastal Plan (LCP) and Coastal Act will be made by the Appropriate Authorities. If you would like further information, Supervising Planner, Jeff Main and Project Planner, Thom McCue can address all project details, and Annette Chaplin or Lynn Burgess of the Environmental Resource Policy Division, can address how Measure A fits within the GPU.

Very Truly yours

CHARLES J. MCKEE
COUNTY COUNSEL

 /ss/

Mary Grace Perry
Deputy County Counsel

cc: J.Main, T. McCue, A.Chaplin, L. Burgess

[TOP OF PAGE]


 

CONCERNED RESIDENTS OF
PEBBLE BEACH
and Monterey County
a Non-Profit California Corporation


Dedicated to Preserving the Natural Environment and Quality of Life in Del Monte Forest and Peninsula Communities

February 1, 2004

Diane Landry, Staff Counsel
Charles Lester, Program Mgr.
Tami Grove, Deputy Dir.
Rick Hyman, Program Analyst
Kelly Cuffee, Envir. Specialist
California Coastal Commission
725 Front St. #300
Santa Cruz, CA 95060

Subject: Pebble B each Co's Proposed Major Construction Projects in Del Monte Forest, County Schedule for Public Meetings, Field Trip-Tour of Construction Sites and Public Hearings

Enclosed is a copy of Thom McCue's most recent Monterey County Notice dated Feb. 2, 2004 concerning the subject major projects. It is being sent in case you have not seen it.

A copy of a December 15, 2003 letter from the office of Charles J. McKee, County Counsel,is also being sent. This letter covers the County's plan for submitting the November, 2000 PBCo's Measure "A" Initiative and the PBCo's proposed development application to the California Coastal Commission as one "whole package".

Our organization would appreciate receiving a current written summary of the Coastal Commission's Staff's proposed plans for processing the "whole package".

Sincerely,

 /ss/
Ted Hunter

/ss/
Carl Nielsen

enclosures

P.O. Box 1229 Pebble Beach CA 93953
Visit our Website at www.cr-pb.org
[TOP OF PAGE]


STATE OF CALIFORNIA -THE RESOURCES AGENCY - - - -ARNOLD SCHWARZENEGGER, Governor

CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT OFFICE
725 FRONT STREET, SUITE 300
SANTA Cruz, ca 95060
(831) 427-4863

February 9, 2004

 

Ted Hunter and Carl Nielsen
Concerned Residents of Pebble Beach
P.O. Box 1229
Pebble Beach, CA 93953

Dear Mr. Hunter and Mr. Nielsen:

Your letter of February 1, 2004 asked about the Coastal Commission staff's plan to process the "whole package", a reference to both the Del Monte Forest Measure A-related amendment and project. It is premature to answer this question as nothing has been submitted to us yet. It could be beneficial for the Commission to hear both an LCP amendment and a project appeal at the same meeting. However,given the different kinds of actions required and their associated time and other legal requirements, this is unlikely to be possible. These points are spelled out in more detail in previous letters to you and the County.

Your letter included an attachment letter from Deputy Counsel Mary Perry on this subject. I am including a response to her letter and am sending her this response.

Sincerely,

 /ss/

Rick Hyman
Deputy Chief Director
Central Coast District

cc: Scott Hennessy, Monterey County Planning Director
Mary Grace Perry, Deputy County Counsel

[TOP OF PAGE]


STATE OF CALIFORNIA -THE RESOURCES AGENCY - - - -ARNOLD SCHWARZENEGGER, Governor

CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT OFFICE
725 FRONT STREET, SUITE 300
SANTA Cruz, ca 95060
(831) 427-4863

February 9, 2004

 

Mary Grace Perry
Deputy County Counsel
60 West Market Street, Suite 140
Salinas, CA 93901-2653

Ted Hunter has sent us a copy of your December 15, 2003 letter to him regarding Measure A. We would like to reiterate our advice and understanding of the situation. Our understanding is that Measure A already has the equivalent of County approval. Measure A makes changes to the certified local coastal program that, therefore, requires it submittal for approval to the Coastal Commission.

Your letter also mentions that the County's "appropriate authorities" are planning to take action on the project application that would implement Measure A. This action would be for a discretionary coastal permit. The standard of review of the project is consistency with the certified LCP. Therefore, it will not be possible for the County's "appropriate authorities" to take final action on the coastal permit until the Coastal Commission approves the Measure A local coastal program amendment. What the "appropriate authorities" could take is some type of conceptual approval of the project, before the County submits the Measure A-related LCP amendment to the Coastal Commission.

Sincerely,

 /ss/

Rick Hyman
Deputy Chief Director
Central Coast District

cc: Scott Hennessy, Monterey County Planning Director
     Ted Hunter and Carl Neilsen


| HOME | LINKS | P.B.CO. | COUNTY | COASTAL | MEETINGS | LAND USE | WATER | NEWS | EDITORIALS | HELP US |
[TOP OF PAGE]