HomeMy WebLinkAbout7/25/18 Item 1, BorlandJuly 25, 2018 AVL 2 5 2018
To: Planning Commission ��iCITY
_[ L' RK
Re: 790 Foothill project
Dear Commissioners,
When we looked into the cited exemptions in a previous staff report, and read about conditions for
exemption, viewshed for California state designated scenic highways overrides exemption from
environmental study. If a project's development would block any existing viewsheds, including rock
outcroppings, mountaintops, etc., from any portion of a state designated scenic highway, then it could not
receive categorical exemption under CEQA. Below is one citation out of a few locations we found. Under
the court case breakdowns we read distant natural preserve viewshed from scenic highways (i.e. Bishops
Peak on approach between Highland and Santa Rosa 101 intersection) is as important as the immediate
viewshed bordering the corridor.
Highway 1 (Santa Rosa Street) throughout the area to the Santa Rosa on/off ramps at 101 is an officially
designated State Scenic Highway and designated All American Road—two levels of protection for the
viewshed from Santa Rasa Street.
15300.2. Exceptions
(a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located
-- a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive
environment be significant. Therefore, these classes are considered to apply all instances, except where
the project may impact on an environmental resource of hazardous or critical concern where designated,
precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
(b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of
successive projects of the same type in the same place, over time is significant.
(c) Significant Effect. A categorical exemption shall not be used for an activity where there is a
reasonable possibility that the activity will have a significant effect on the environment due to unusual
circumstances.
_(d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage
to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar
resources, within a highway officially designated as a state scenic highway. This does not apply to
improvements which are required as mitigation by an adopted negative declaration or certified EIR.
(e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site
which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
(f) Historical Resources. A categorical exemption shall not be used for a project which may cause a
substantial adverse change in the significance of a historical resource.
Note: Authority cited: Section 21083, Public Resources Code; References: Sections 21084 and 21084. 1,
Public Resources Code; Wildlife Alive v. Chickering(1977) 18 Cal.3d 190; League for Protection of
Oakland's Architectural and Historic Resources v. City of Oakland (1997) 52 Cal.AppAth 896; Citizens for
Responsible Development in West Hollywood v. City of West Hollywood (1995) 39 Cal.AppAth 925; City
of Pasadena v. State of California (1993) 14 Cal.AppAth 810; Association for the Protection etc. Values v.
City of Ukiah (1991) 2 Cal.AppAth 720; and Baird v. County of Contra Costa (1995) 32 Cal.AppAth 1464
Discussion: In McQueen v. Mid -Peninsula Regional Open Space (1988) 202 Cal. App. 3d 1136, the
court reiterated that categorical exemptions are construed strictly, shall not be unreasonably expanded
beyond their terms, and may not be used where there is substantial evidence that there are unusual
circumstances (including future activities) resulting in (or which might reasonably result in) significant
impacts which threaten the environment.
Public Resources Code Section 21084 provides several additional exceptions to the use of categorical
exemptions. Pursuant to that statute, none of the following may qualify as a categorical exemption: (1) a
project which may result in damage to scenic resources, including but not limited to, trees, historic
buildings, rock outcroppings, or similar resources within a scenic highway (this does not apply to
improvements which are required as mitigation for a project for which a negative declaration or EIR has
previously been adopted or certified; (2) a project located on a site included on any list compiled pursuant
to Government Code section 65962.5 (hazardous and toxic waste sites, etc.); and (3) a project which may
cause a substantial adverse change in the significance of a historical resource.
Please consider your constituents in this decision and vote your conscious. We know the City Council is
pressuring you to approve this project and it clearly needs more study.
Thank you for your consideration,
Kathy Borland, Preserve the SIO Life