Title
Public hearing to consider:
a. Appeal by the Ecological Rights Foundation from the Planning Commission's approval of ten-year extensions of Coastal Development Permits for S& S Land Development (PLN030510), Pick n Pull Auto (PLN03498), and Gerard and Deborah Cutler (PLN030501) to allow the continued operation of auto dismantling facilities at the following three parcels on Dolan Road in Moss Landing:
· Parcel A (Assessor's Parcel Number 131-054-001-000) (S&S Land Development/ PLN140713, renewal of PLN03510);
· Parcel B (Assessor's Parcel Number 131-054-002-000) (Pick-n-Pull Auto/PLN140677, renewal of PLN030498); and
· Parcel C (Assessor's Parcel Number 131-054-003-000) (Gerard & Deborah Cutler/PLN140714, renewal of PLN030510); and
b. Continuing the hearing on the appeal for a period not exceeding 15 months for additional factual analysis, while allowing the auto dismantling facilities to continue operating under their existing Coastal Development Permits while the appeal is pending.
(Coastal Development Permit Extensions - PLN140713/PLN140677/PLN140714) The properties are located at 516 A, 516 B & 516 C Dolan Road, Moss Landing, North County Land Use Plan, Coastal Zone.)
Report
PROJECT INFORMATION:
Planning File Number: PLN140713/PLN140677/PLN140714/
Owners: S&S Land Development /Pick-n-Pull Auto/ Gerard & Deborah Cutler
Project Location: 516 A, 516 B & 516 C Dolan Road, Moss Landing, Salinas
APNs: 131-054-001-000/131-054-002-000/131-054-003-000
Agent: Trinh Retterer
Plan Area: North County Coastal
Flagged and Staked: No
CEQA Action: Addendum to previously adopted Mitigated Negative Declaration
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Continue the hearing on the appeal by Ecological Rights Foundation for a period not exceeding 15 months for additional factual analysis, while allowing the auto dismantling facilities to continue operating under their existing Coastal Development Permits on the parcels listed below while the appeal is pending:
· Parcel A (Assessor's Parcel Number 131-054-001-000) (S&S Land Development/ PLN140713);
· Parcel B (Assessor's Parcel Number 131-054-002-000) (Pick-n-Pull Auto/ PLN140677); and
· Parcel C (Assessor's Parcel Number 131-054-003-000) (Gerard & Deborah Cutler/PLN140714).
SUMMARY:
On March 11, 2015, the Planning Commission approved extensions to Coastal Development Permits to allow continued operation of three auto recycling/parts sales yards at Dolan Road for ten years. On March 26, 2015, the Ecological Rights Foundation (ERF) timely appealed the Planning Commission decision. The appeal makes the following allegations (quoting from the appeal):
1. Reliance on the 2005 Mitigated Negative Declaration violates the California Environmental Quality Act in that 1) new and existing information about pollutant discharges from these facilities to environmentally sensitive habitats in and around Elkhorn Slough, command the need for a complete environmental impacts analysis before the CDP extensions may be granted;
2. The record before the Commission was insufficient to support its findings and in fact shows the Facility's non-compliance with prior conditions;
3. The auto dismantling and recycling operations and consequent discharges of polluted stormwater to Elkhorn Slough are incompatible with the Coastal Act's and the County's Local Coastal Program's policies and objectives.
The appeal raises some questions which warrant further analysis. In order to accomplish this, it is recommended that the hearing on the extension of the permits be continued for 15 months to allow for water quality studies and biological surveys to be undertaken. The facilities would be allowed to continue to operate under the terms of their current Coastal Development Permits during the period of this analysis.
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
Ö Environmental Health Bureau
Ö RMA-Public Works
Ö RMA-Environmental Services
Ö Water Resources Agency
Ö North County Fire Protection District
Ö North County Coastal Land Use Advisory Committee
The proposed extension of the Coastal Development Permits was heard by the Planning Commission on March 11, 2015. The Planning Commission approved the extensions by a vote of 8-0 (Attachment D).
FINANCING:
Funding for staff time associated with this project is included in the FY2015 Adopted Budget for RMA-Planning.
Prepared by: Steve Mason, Associate Planner ext. 5228
Approved by: Mike Novo, Director, RMA-Planning, ext. 5192
Carl Holm, Director Resource Management Agency (Acting)
This report was reviewed by, and prepared with assistance by John Ford, Planning Services Manager
cc: Front Counter Copy; Planning Commission; North County Fire Protection District; RMA-Public Works Department; RMA-Environmental Services; Environmental Health Bureau; Water Resources Agency; California Coastal Commission; California Native American Heritage Commission; John Ford, RMA Services Manager; Steve Mason, Project Planner; S&S Land Development, Owner; Pick-n-Pull Auto, Owner; Gerard & Deborah Cutler, Owners; Trinh Retterer, Agent; The Open Monterey Project (Molly Erickson); LandWatch (Amy White); Roger McCurdy, Neighbor; Planning File PLN140713/PLN140677/PLN140714
The following attachments are on file with the Clerk of the Board:
Attachment A Discussion
Attachment B Conditions of Project Approval
Attachment C Notice of Appeal
Attachment D Project Resolutions
Attachment E Vicinity Map
Attachment F Initial Study/Negative Declaration w/ Addendum
Attachment G Environmental Health Bureau Memo