LandWatch Letter to MCPD on FEIR for Corral De Tierra Neighborhood Retail Village

November 29, 2010

Luis Osorio, Senior Planner
Monterey County Planning Department
168 West Alisal St., 2nd Floor
Salinas, CA 93901

SUBJECT:      FEIR FOR CORRAL DE TIERRA NEIGHBORHOOD RETAIL VILLAGE

Dear Mr. Osorio:

LandWatch Monterey County has reviewed the Final EIR for the Corral De Tierra Neighborhood Retail Village and has the following comments:

1. In our comment letter on the DEIR, we identified a list of projects in the Toro area that are in the County’s permitting process which were excluded from the cumulative impact list, i.e., Christensen, Briggs, Tjs Development, PLN04061, Cdt. Prop. Franscioni, Villalobos, Silva, Provost, Amaral, Bollenbacher, Johnson, Avila for a total of 250 units.
   
   The FEIR indicates the Christensen and Villalobos projects were not included in the cumulative list since “they include development of existing lots of record”. It is assumed based on the response that legal lots of record were included or should have been included in the cumulative impact analysis. However, a review of Table 4.A (DEIR, p. 74, attached) shows that legal lots were not included. The EIR for the Monterey County General Plan Update (p. 3-18) shows there are 251 vacant residential lots in the Toro area. These should be included in the cumulative impact analyses.
   
   The FEIR indicates the Bollenbacher and Briggs projects for a total of 216 units were excluded from the cumulative project list and should be included. However, the response fails to identify if these projects were included in updated cumulative impact analyses.
   
   The FEIR states the Mohsin-Samoski 11 lot subdivision should not be included in the list because it is “a significant distance from the Project site”. Table 4.A: Cumulative Projects List identifies at least 10 projects that are a far greater distance from the project site than the Mohsin-Samoski subdivision, e.g., September Ranch Subdivision and Rancho Canada Subdivision. Please explain why projects in Carmel Valley should be included in the list and a project in the Toro area should be excluded.
   
   The impact cumulative analyses for traffic, scenic resources, water and air quality should be updated to include a total of 478 units identified above. Without this update, the cumulative assessments are significantly understated, and the FEIR is fatally flawed.
   
   
2. The LandWatch letter on the DEIR indicated that the traffic analysis assumed 14 units for the Harper Canyon project rather than 17 units as identified in the Harper Canyon FEIR. The FEIR for the proposed project states, “The 14-unit Harper Canyon Development referred to in the DEIR is comprised of existing, undeveloped lots. The 17-unit Harper Canyon project referred to by the commenter is a different project which may or not be approved.” Please explain why Table 4-1: Cumulative Projects List identifies the Harper Canyon Subdivision as 17 units while the FEIR for the proposed project indicates it as 14 units.
   
   
3. The LandWatch letter on the DEIR stated that payment of regional transportation fees required as mitigation for project level impacts would not fund a project - the widening of SR-68 from Toro Park to Corral de Tierra Road - that is programmed for construction in the 2025-2030 period, that the fees required under the mitigation will cover only $5.9 million of the $24 million estimated total cost and that the source for the remaining fees is not identified. The FEIR referred the reader to Response EEE-70.7 which refers to a legal opinion prepared for TAMC that found: “with respect to the proposed regional transportation improvement projects by the Transportation Agency that have been identified and prioritized as being constrained and therefore fully funded by either impact fees along, or in combination with other potential federal, state and local sources, payment of impact fees should be deemed to be adequate mitigation of a private development project‘s impacts on regional transportation improvements pursuant to the California Environmental Quality Act (emphasis added).”

Widening of SR-68 from Toro Park to Corral de Tierra Road has not been identified and prioritized as being constrained and therefore fully funded. Only the following Route 68 projects are on the constrained list: Route 68 Safety and Operational Improvement - construct turn pockets, shoulder and bridge widening at the San Benancio Intersection and construct turn lanes, shoulder widening and driveway realignment at Corral de Tierra Intersection. (Association of Monterey Bay Area Government - Federal Transportation Improvement Program, FFY2008/09 to 2011/12, Appendix B, p. 20). The legal opinion referenced above is not applicable.

Finally, to find that the payment of fees to a project that is not projected to be completed until after 2025 and that has no assured source of funding is clearly not a meaningful mitigation measure.

Thank you for the opportunity to review the FEIR for the proposed project.

Sincerely,

Amy L. White
Executive Director

posted.12.07.10

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