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April
2, 2003
Mark
McClain, Planning Manager
City of Greenfield
45 El Camino Real
Greenfield, CA 93927
RE:
Comment on Notice of Intent to Adopt a Negative Declaration for
an Amendment of the Redevelopment Plan for the Greenfield Redevelopment
Project
Dear
Mark McClain and City of Greenfield Redevelopment Agency:
This
letter is to comment on a Notice of Intent to Adopt a Negative Declaration
for an Amendment of the Redevelopment Plan for the Greenfield Redevelopment
Project. The Notice indicates that the review period is from March
3, 2003 through April 2, 2003. LandWatch Monterey County has the
following comments:
CEQA
Comments
- We
believe, contrary to the Notice of Intent to Adopt a Negative
Declaration, that the proposed amendment to the Greenfield Redevelopment
Project might have a significant negative impact on the environment,
and that a full Environmental Impact Report (EIR) must be prepared,
as required by the California Environmental Quality Act (CEQA).
- The
proposed project is to include within the Redevelopment Project
boundaries approximately 200 acres of agricultural land that is
not now scheduled for development, and to develop that land for
residential and other purposes. Inclusion of the land within the
Redevelopment Project boundaries will facilitate and advance the
proposed development, and the development, if in fact undertaken,
will undoubtedly have multiple impacts on the physical environment,
as well as cumulative and growth-inducing impacts. Because inclusion
of the land within the Redevelopment Project boundaries will contribute
to and facilitate the physical development of the land, this is
a project for which CEQA requires an EIR. Court cases make very
clear that changes in planning documents are projects that may
have a significant environmental impact, and when they may have
such negative impacts, an EIR is required.
- We
note that the proposed Negative Declaration and Initial Study
state that annexations to the City of the lands proposed to be
added to the Redevelopment Project boundaries will have environmental
impacts, and that, in fact, it is contemplated that an EIR will
be prepared for those activities. This statement underscores the
need to prepare an EIR for the current project. CEQA requires
that environmental analysis and review may not be deferred, but
should take place at the earliest possible time. If the City proposes
to amend its Redevelopment Project prior to annexation, and thus
prior to the environmental review that the City concedes will
be needed at that time, then it must advance its preparation of
the required environmental analysis. If the City prepares an EIR
for some other action, it may then, probably, rely on that EIR
for this proposed project. What it may not do, legally, is to
avoid environmental analysis now, saying “we’re going
to get to that later.” This is, in essence, what the City
is proposing, and LandWatch believes that this violates the requirements
of CEQA.
Other Comments
- The
reason that CEQA requires environmental review prior to actions
that could affect the environment is so that decision makers will
be fully informed about the possible negative impacts of proposed
projects, before they are undertaken. It may be, when environmental
analysis is carried out, that the City and/or LAFCO will decide
that the annexation of the lands in question should not be approved.
The lands proposed to be added to the City’s Redevelopment
Project are not currently located within the City of Greenfield,
and thus do not now qualify for inclusion in the Redevelopment
Project. Because it can not be predicted that the annexations
will take place as currently contemplated in this proposed project,
the proposed project is thus significantly “premature.”
Again, we note that the City concedes that environmental review
will be required prior to a decision on whether or not such annexations
will take place, reinforcing this point.
- With
respect to the “merits” of the proposed annexations
of the City of Greenfield, and thus their ultimate eligibility
for inclusion in the City’s Redevelopment Project, LandWatch
refers the Redevelopment Agency to its report and analysis, “Room
Enough,” previously provided to the City, and available on
the LandWatch website at www.landwatch.org. The “Room Enough”
report demonstrates that there are feasible alternatives to meeting
the City’s need for future residential and other development
that do not require the annexations as proposed.
- LandWatch
strongly argues that the lands in question, whether or not ultimately
annexed to the City of Greenfield, are not “blighted”
within the meaning of the State’s Redevelopment Law, and
thus are not eligible for inclusion in the Redevelopment Project.
While this is not, strictly, a comment relevant to the environmental
analysis required, if the proposed project is, in fact, inappropriate
and illegal, then the City should not pursue it.
Thank
you for taking our comments into consideration. LandWatch urges
the City to defer any action on the proposed project until after
the lands are annexed (if they are) into the City of Greenfield,
and that the City then seek legal counsel on whether such lands
in fact qualify for inclusion in the Redevelopment Project.
Very
truly yours,
Gary
A. Patton, Executive Director
LandWatch Monterey County
cc:
Members, LandWatch Board of Directors
Monterey County LAFCO
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04.04.03
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