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From: Amy White [awhite@mclw.org]
Sent: Thursday, August 25, 2011 11:13 AM
To: 'Paula x5158Bradley'; 'Carl Holm'; 'Mike Novo'; 'Jacqueline Onciano'
Cc: 'Leslie J. Girard'
Subject: Smith and Hook
Dear Ms. Bradley, Mr. Holm, Ms. Onciano and Mr. Novo:
LandWatch objects to the proposed approval of the Smith & Hook Winery expansion by the Zoning Administrator tomorrow. Consideration of this application should be continued until questions about the legality of the policies which support it have been resolved.
Every policy referenced in support of approval is currently being challenged by LandWatch Monterey County in its litigation against the 2010 Monterey County General Plan. We have challenged the adequacy of the Agriculture Winery Corridor Plan; we have challenged policies PS-3.1 and PS-3.2; we have challenged the notion that, in the severely over-drafted Salinas Basin, the industry which consumes almost 90% of the water -- agriculture -- should be exempted from the requirement of a long-term, sustainable water supply; we have also challenged the General Plan's definition of agricultural land uses.
In addition to our objection that the county is processing and approving this project under a currently litigated general plan, LandWatch also objects to the interpretation and application of those very general plan policies. For example, the 2010 Monterey County General Plan requires that all winery approvals include a biological study. These studies were to be conducted in place of the county developing and implementing a habitat management plan for endangered kit fox. Although on page 11 the staff report states that a biological study was completed, on page 3 of the staff report calls the report a "botanical report" (LIB110191). It is unclear which was completed. Neither this report nor the traffic report (LIB100642) is available for the public to review. According to the staff report the "botanical report" concluded that the site is disturbed and therefore the winery expansion will create no impacts to wildlife. However, there is no evidence that the "biological study" or "botanical report" considered cumulative impacts of other likely winery expansions, cumulative traffic impacts or cumulative water impacts on the very wildlife corridors the requirement for a biological study was supposed to protect.
Furthermore, Appendix C, condition 15. states, "Remove combustible vegetation from within a minimum of 100 feet of structures. Limb trees 6 feet up from ground. Remove limbs within 10 feet of chimneys. Additonal fire protection or firebreaks approved by the Reviewing Authority may be required to provide reasonable fire safety. Environmentally sensitive areas may require alternative fire protection, to be determined by Reviewing Authority and the Director of Planning And Building Inspection. (Mission Soledad Rural Fire District) There is no evidence the "biological study" or "botanical report" considered additional fire protection beyond the immediate footprint of the expansion. The staff report categorizes this winery as being located in a "high fire hazard area." Again, by not considering the cumulative impact of "additional fire protection" of this and other likely developments, the "biological study" or "botanical study" fails the intent of the policy which requires the study.
LandWatch also objects to the fact that the staff report underestimates potential traffic, water and biological resource impacts. It does so by accepting the applicant's estimated use of the facility and ignoring the facility's actual capacity. For example, it accepts use by 40 people per week ("four times a week for up to ten people"). However, the proposed septic tank sizing is based on 64 seats. More than 1,000 feet of "banquet room" space is planned. If banquets and special events are not anticipated, then why is the project sized to accommodate them?
Thank you for your serious consideration of our concerns. Once again, this project should be continued until all the above issues are resolved.
Sincerely,
Amy L. White, Executive Director
LandWatch Monterey County
150 Cayuga Street, Suite 9
Salinas, CA 93901
831-75-WATCH (92824)
www.landwatch.org
posted 09.07.11
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