ATTACHMENT 1 --
Attachment A
Land Use Issues
Project: Proposed New Equestrian Center
&endash; Sawmill Site
We have carefully reviewed the DEIR's Land Use section
for the New Equestrian Center, the Sawmill Site scenic
easements entered into between the Pebble Beach Company and
the County of Monterey and the California Coastal
Commission, and the Board of Supervisor's January 28, 1986
hearings on the Spanish Bay Project that resulted in Lower
Sawmill Site easement.
Conclusions and Questions
The DEIR Impact and Mitigation Measure LU-A2 recognize
that the conflict between the project proposal and the
conservation and scenic easements results in a significant
impact. However, the mitigation proposal is to amend
or re-interpret these easements so that the project and the
easements are compatible and thereby reduce the
significant impact to less-than-significant. This
conclusion is based upon flawed analysis. We believe
the DEIR Land Use Impact and Mitigation Measure does not
deal with the following questions:
1. The Pebble Beach Company
proposes the construction of one and two story equestrian
facilities totally 90,000 square feet, removal of almost
2,400 trees and grading of over 26,800 cubic yards of cut
and over 41,500 cubic yards of fill.
Section II of the County easement states: " . .
. no development or use of the (lower) Sawmill
Borrow which will or does materially alter the landscape
or materially affect its preservation and use as open
space shall be done or suffered."
Section I of the Coastal Commission easement
states: "The primary purpose of this Offer is the
permanent preservation of natural plant and wildlife
habitat within the Huckleberry Hill Open Space. It
is the intent of this Offer that . . . . the Huckleberry
Hill Open Space shall remain predominately as undeveloped
forest open space in substantially its natural
state."
If the development is a significant impact how will
changing or modifying the easements reduce this
significant impact to less-than-significant?
2. The County and Coastal Commission
easements documents clearly establish revegetation,
reforestation and preservation as their primary
purposes. The Board of Supervisors' hearings on
January 28, 1986 further support this position.
It is important to bear in mind that these easements
were placed on the Sawmill Site as mitigation for
the Spanish Bay Project. These easements were
assumed to be in perpetuity and not just until the
property owner decided to put the property to some other
use.
Why then does the DEIR analysis propose that it is
appropriate to amend to the easements, and/or make
findings that the proposed use is consistent with these
easements and permit the development of the equestrian
center?
3. Explain, in the
context of the easements' emphasis on revegetation,
reforestation and preservation, why the word "recreation"
should be construed to permit the Pebble Beach
Company's proposal to construct one and two story
equestrian facilities totally 90,000 square feet, remove
almost 2,400 trees and grade over 26,800 cubic yards of
cut and over 41,500 cubic yards of fill and operate a
high-intensity equestrian center with 8 to 12 horse shows
per year.
4. Impact LU-A2: The Relocated
Equestrian Center may conflict with applicable County and
Coastal Commission Spanish Bay Resort and Sawmill site
permits and associated conservation easements. This
is a significant impact that can be mitigated to a
less-than-significant level provided the county and the
Coastal Commission are able to amend the relevant
permit conditions and either amend the related easements
or make findings that the proposed use is consistent with
these easements.
Describe what the Board of Supervisors and the
Coastal Commission findings would have to be in order
that the proposed use is consistent with these
easements?
5. Del Monte Forest Land
Use Plan Policy 92 states ". . . previously mined
areas are suitable for more intensive developments, and
these areas should be permitted ihe development of needed
visitor accommodations including recreational facilities.
. . ". We believe the Upper and Lower Sawmill Sites
easements supersede Policy 92.
Describe why Policy 92 should have relevance with
respect to the Sawmill sites?
6. The DEIR should conclude that
the proposed equestrian center development represents a
significant impact, as it has done, and that it can not
be mitigated. This being the case, it is incumbent
upon the DEIR consultants to develop viable alternatives,
including a scaled down boarding only facility to the
proposed equestrian center
Text of Impact and Mitigation Measure
LU-A2 and
Analysis of the Scenic Easements on the
Sawmill Site
Impact LU-A2: The Relocated Equestrian Center may
conflict with applicable County and Coastal Commission
Spanish Bay Resort and Sawmill site permits and associated
conservation easements. This is a significant impact
that can be mitigated to a less-than-significant level
provided the county and the Coastal Commission are able to
amend the relevant permit conditions and either amend the
related easements or make findings that the proposed use is
consistent with these easements.
Mitigation Measure LU-A2. Amend development
conditions and easements on the Sawmill site. The
County and Coastal Commission would need to amend the
conditions placed on the Sawmill site. The County
would also need to either amend the recorded easement on the
lower Sawmill or make findings that the proposed use is
consistent with these easements. The Coastal
Commission and the DMFF would also need to either amend the
recorded easement on the lower (See
Note 1) Sawmill or make findings that the proposed use
is consistent with the easement for the upper Sawmill.
Without these actions the relocated Equestrian Center could
not be developed as proposed.
Note 1: This should be
"upper" since this refers to the Coastal Commission
easement.
Analysis of the Scenic Easements on the
Sawmill Site
DEIR Statement, Page 3.1.8, Line 27:
"Development of the New Equestrian Center at this location
would reverse restoration efforts and result in the removal
of this land from preservation. The proposed
Equestrian Center would require the removal of substantial
numbers of trees (both native and planted) and the
construction of the facilities described above."
DEIR Statement, Page3.1-8, Line 41: "The
permit conditions and easement language would seem to
indicate that, at the time, it was contemplated that the
Sawmill site be restored (See Note
2)to its natural function and protected, in general,
from further development (County Sawmill Use Permit
conditions 8, 9, 10, and CCC permit conditions 5 and 28,
easement language). Further, rehabilitation and
dedication of the upper Sawmill site easement was required
as a condition (County Permit Condition 28) of approval of
the Spanish Bay Resort in order to offset the impacts of
development of the fifth gate and entrance road (SFB Morse
Drive).
Note 2; This wording, while
possibly technically correct, implies tentativeness or
lack of permanency.
The County and Coastal Commission easements and related
documents clearly establish revegetation, reforestation and
preservation as their primary purposes. For
example:
Section II of the County easement states: "Except
as set forth in Paragraph I (Section I) above no
development or use of the (lower) Sawmill Borrow which will
or does materially alter the landscape or materially affect
its preservation and use as open space shall be done or
suffered." This statement is an unequivocal
affirmation of the policy of no development on the Lower
Borrow Site.
In the January 28, 1986 Board of Supervisors' hearing on
the Spanish Bay project, Supervisor Marc Del Piero (sponsor
of the scenic easement for the Lower borrow Site)
stated:
The scenic easement over the borrow site and the adjacent
deforested shall:
"One, permit the excavation of sand under the
use permit, PC-5040;
Two, permit the re-vegetation and reforestation of the
area it covers; and
Three, not permit further uses of the area it covers
except those uses necessary to effectuate and maintain
the restoration and reforestation of the area."
Section I of the Coastal Commission easement
states: "The primary purpose of this Offer is the
permanent preservation of natural plant and wildlife habitat
within the Huckleberry Hill Open Space. It is the
intent of this Offer that, subject to and except for the
development and uses permitted or reserved by Grantor in
this Offer, the Huckleberry Hill Open Space shall remain
predominately as undeveloped forest open space in
substantially its natural state." The Upper Sawmill Site was
incorporated into the Huckleberry Hill Natural Habitat Area
(Huckleberry Hill Open Space) by the Coastal Commission's
easement. See Exhibit "B" of the "Offer to dedicate
Conservation Easement &endash; Huckleberry Hill Open
Space."
Both the Monterey County and the Coastal Commission
easements clearly emphasize restoration and rehabilitation
of the Upper and Lower Borrow Sites. The fact that
restoration and reforestation have not been as successful as
they could have been is due in large measure to the lack of
effort on the Pebble Beach Company, and the lack of diligent
enforcement on the part of the County of Monterey and the
Coastal Commission.
The above statements clearly state that restoration
and reforestation are the primary objectives of the
easements. To propose the development of a high
intensity use equestrian center on the Upper and Lower
Sawmill Sites is inconsistent with the easements.
California Coastal Commission &endash; Spanish Bay
Project
Condition 5 - Dedication of Huckleberry Hill Habitat
Area
"Prior to the Transmittal of that portion of the permit
which allows excavation of natural forest habitat at Sawmill
Gulch, and/or road development within the Huckleberry Hill
Natural Habitat Area, the permittee shall execute and record
a document, in form and content approved by the Executive
Director of the Commission, irrevocably offering to dedicate
to a public agency or a private association approved by the
Executive Director, an easement for the protection of
natural and scenic resources within the area identified
below. The terms and provisions of such offer shall be
in accordance with the Del Monte Forest Land Use Plan (LUP)
as certified by the California Coastal Commission on
September 24, 1984, particularly Policy 13 with respect to
dedication of easements and Policy 26 (i.e., the Gowen
cypress-Bishop pine habitats and adjacent areas within Del
Monte Forest, shown as "Terrestrial Sensitive Habitat" and
"Rare Plant" on Figure 2 of the LUP). Such scenic and
conservation easement shall also encompass any additional
area within Del Monte Forest shown within the "Huckleberry
Hill Natural Habitat Area" on figure 5 of the certified LUP.
The terms of the easement shall specifically identify the
permanent preservation of existing natural habitats as the
primary purpose of the dedication, and shall provide for
scientific study and public visitation consistent with this
purpose."
The Spanish Bay Resort Permit Condition 5 above clearly
describes the intent of the easement: Permanent
preservation of existing natural habitats as the primary
purpose of the dedication. It further states that the Pebble
Beach Company shall make this an irrevocably offering to
dedicate to a public agency or a private association . .
. an easement for the protection of natural and scenic
resources within the area identified below.
The DEIR does not discuss the issue critical to the
concept of the proposed equestrian center: Is the
development and use of a high intensity equestrian use
compatible with the words "preservation" and "recreation" as
used in the conditions and easements?
The Pebble Beach Company proposes the construction of one
and two story equestrian facilities totally 90,000 square
feet, removal of almost 2,400 trees and grading of over
26,800 cubic yards of cut and over 41,500 cubic yards of
fill. This is certainly counter to the concept of
preservation as espoused in the Spanish Bay conditions and
scenic easements.
The new equestrian center could conduct 9 to 12 special
events a year as does the existing equestrian center.
This would mean weeks of events, many hundreds of horses,
and thousands of participants and spectators.
These activities are blatantly inconsistent with the idea
of "recreation" as described in the conditions and
easements.
DEIR Statement Re: Policy 92 (Page 3.1-9, Line 8)
"Policy 92 in the LUP states that previously mined areas
are suitable for more intensive development, and these areas
should be permitted the development of needed visitor
accommodations including recreational facilities, among
others. This would seem to support more intensive
recreational use within the Sawmill site. However,
past County and CCC permitting actions have resulted in
requirements to re-vegetate and restore the Sawmill site,
and to record conservation and scenic easements in
association with Monterey County (County Permit PC-5202)
(County of Monterey 198a) and CCC (Permit 3-84-226) (CCC
1984 permitting for the Spanish Bay Resort. These
permit requirements expressed prior intent to enhance the
natural qualities of the formerly mined area, to promote its
integration and compatibility with the surrounding
HHNA. There appears to be a conflict in the intent of
the prior permit requirements and the policies in the
existing LUP"
Policy 92 is included here for reference:.
Policy 92. Certain
areas have been mined for silica and other minerals and
are in need ofrehabilitation,. These areas are the
most suitable for more intensive development, as compared
with other forested and undeveloped land.
Consequently, those areas should be assigned higher
densities or permitted the development of needed visitor
accommodations, recreational facilities, corporation
yards, public works facilities, and neighborhood shopping
areas. The more intensive use of these areas will
also provide the incentive to rehabilitate the previously
mined areas and consequently repair the damage.)
1984 LUP
The 1984 Land Use Plan and the processing of the Spanish
Bay development permit took place almost concurrently.
It is clear that the Sawmill conditions and easements, by
legislative and administrative action superseded Policy 92
and therefore has no bearing on the issue of the intent of
the easements. There is no conflict with Policy
92.
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