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4.  The Staff Report failed to address these commercial development impacts on a public road and seemingly did not require or discuss any Transportation Improvement Assessment (TIA) fees that are required in other commercial development approvals.  The ordinance reads that a commercial developer must pay for all improvements necessary to mitigate the effects of the development.  The County has no money to improve Pleasant Valley Road to handle the traffic caused by this large event center…nor should we pay for such upgrades to serve a development.

5.  The Staff Report did not discuss the cumulative effects of approving the large commercial event center with respect to traffic and noise impacts on the Pleasant Valley rural community, in consideration of two other large wineries in the area (Nicholson Winery and Storrs Winery).  Ms. Williams approved outdoor amplified music to be allowed 4pm-9pm for the large events.  Ms. McDaniel stated that a noise study indicated that no sound would be heard beyond the Lester Winery property line.

If you have ever spent any time in a rural valley, you know that amplified outdoor music would echo throughout Pleasant Valley.  Ms. McDaniel stated that if enough neighbors file complaints with the County Sheriff, the permitted hours of amplified music could be reviewed.  That sets up tension in the neighborhood, doesn’t it?

6.  Ms. McDaniel reported that the development’s driveway will meet all standards for Aptos / La Selva Fire Protection District.  She made an error, however, in that Pleasant Valley is not within the boundaries of that fire agency….County Fire and CalFire respond there from Corralitos.  Has the developer met fire defensible space requirements with respect to areas classed as high fire risk?  What about an evacuation plan for 200 guests should there be a wildland fire in the area?  This critical public safety problem was not discussed in the Staff Report or at the public hearing.
7.  The Staff Report made an error in reporting the commercial development’s water supply.  Ms. McDaniel reported that Central Water District would supply the proposed large event center with water but did not report that the service connection is insufficient to provide the volume of water necessary for a large event center.

What Ms. McDaniel did not report is that the water will come from the private well on the site.  This area is part of the Mid County Groundwater Basin, which is in critical overdraft.  According to State law, all new commercial developments must provide proof that there exists sufficient water supplies to support the development’s sustainable long-term use.  There was no discussion of this problem.

The Planning Department also violated the Ralph M. Brown Act during the April 21 public hearing because not all of the materials viewed by Ms. Williams  and Ms. McDaniel were made available to the public.  The public was only provided with copies of the “Revised Conditions of Approval”  (Exhibit C) for the application, but not Exhibit A, a program statement and revision letter submitted by Swift Consulting Services to County Planning staff.  This document became the key to what Ms. Williams ultimately approved….she essentially gave the developer everything asked for in this document, which was not shared with the public at the hearing.  Mr. Swift’s requests were far and above what even Ms. McDaniels had recommended.

According to Government Codes 54957.5 and 54952(b): “Information given to a majority of the members of the legislative body in connection with an open meeting must be equally available to members of the public.”  Some public meetings have information like this available in a binder at the back of the room, but this was not the case at the Zoning Administrator’s public hearing on this matter.

There were two Pleasant Valley residents who found out about the public hearing and were able to attend the Friday, 9am hearing.  They felt their neighbors were not aware of the hearing.  The County only requires properties within a 300′ radius be notified.  In rural areas, that means very poor notification.

SO, EVEN WITH ALL THESE ERRORS, DID THE PLANNING DIRECTOR, MS. PREVISICH, GRANT A WAIVER OR REDUCTION OF THE $1800 APPEAL FEE?   No.

Is this obstruction of justice through unreasonable fees?  I think so.  Under economic duress, (and the financial assistance of some good friends who also care about preserving the rural quality of life and holding the County accountable), I am filing the appeal.  Ms. Williams told me that she would not even consider the points I raised in a six-page document until I paid the full $1800 appeal fee.   Wow.

By the way, the developer disclosed to Ms. McDaniel during a break in the public hearing that there are already one large and one small event scheduled at the winery event center and will occur before the Commercial Development Permit is in effect.  When Ms. Williams was made aware of this while granting approval, she paused, and said “Well, that’s okay, we’ll just call those ‘Family Parties’.”

Stay tuned.

IS A CAR SALES LOT THE SAME AS AFFORDABLE HOUSING?
Maybe the Planning Department is thinking people can sleep in their cars at the proposed area near 41st Avenue and Soquel Drive?  The area is designated as dense, three-story mixed-use on the Sustainable Santa Cruz County Plan, but the Planning Commission will consider the application for a car sales lot proposed there instead.

The public hearing is Wednesday, May 10, 9am, in the 5th Floor Supervisor Chambers (701 Ocean Street, Santa Cruz).   Sometimes, these large issues get continued, so check with the Planning Commission website. (www.sccoplanning.com and look at the agendas link)  Contact Planner Nathan McBeth 454-3118.

WHAT DOES THE PLANNING DEPARTMENT DO WITH PUBLIC COMMENT?
I have often wondered what the County Planning Department did with the comments recorded at the Aptos Village Plan community meetings years ago.  The current Aptos Village Project certainly does not reflect the nature of the comments at the many meetings I attended.

That concern was voiced by a Live Oak resident who attended the community meeting to discuss what could be done with the acreage at 7th Avenue and Brommer.  The County purchased the land for redevelopment, but now intends to sell it, with a caveat of how the land can be developed.  

Affordable housing would be nice, don’t you think?  Well, somehow the County thinks a hotel would be better.  About 80 people attended the community workshop at Live Oak Elementary School.  The facilitator showed slides of various possible scenarios….some of which the crowd quite vocally rejected.  What about affordable housing, some in the crowd kept asking…but there was no real answer.

Then, as these well-controlled events tend to go, we were divided into ‘work groups’ with a facilitator or two to write down our ideas and concerns.  The room was a buzz of discussion, making it difficult for some to hear.  

I was glad that Mr. John Ricker, the County’s water advisor from Environmental Health, was there to answer questions about the availability of water.  It would have helped discussions on the matter had Mr. Ricker been introduced so that people knew who he was and could find him to ask those critical questions.

At the end, a spokesperson from each group took a microphone and reviewed their group’s notes.  It was interesting to see that groups led by County Planning staff and, in the case of Ms. Diedre Hamilton, former Planning staffer and now a developer consultant, the group wanted a hotel (with bocci ball courts).  Those led by the youthful staff of the consultant tended to bring up uses that support the resident population…and bocci ball.

My group was the last to present.  I thought it was interesting that the consultant facilitator quickly removed the “Concerns” page from the easel and encouraged our representative to speed things up.  Had the concerns been read, they would have included that there is not enough affordable housing, that there might not be adequate environmental review (not EIR), that the public should get to vote on the ultimate plan, that there might be a negative impact on the harbor overflow parking, that traffic will become even worse, that there might not be enough water to support a hotel, that the local people will get ignored.

We were assured all comments will be carefully recorded and considered in formulating a use plan. But after the meeting was adjourned, a number of the participants talked with the consultant facilitator to voice their concern: “Will the energy, ideas and concerns expressed at the meeting really be used to develop the plan for what will be done with the land?”  

Many had the same thought as I did…from past experience, the answer will most likely be “NO”.  But the minutes will declare a vibrant public meeting was held…and the public wanted what the Planning Department said they wanted.  Check off the box.

I think I hear the shredders working overtime at 701 Ocean Street…….

YET ANOTHER WELL-CONTROLLED PUBLIC WORKSHOP.
I attended the May 6 County Parks Strategic Planning Workshop at Aptos Village Park, along with about 50 other residents.  The pattern was repeated…a facilitator told us we would break into groups, but not until we agreed on group etiquette.  I was taken back to grammar school days…

Share the mic, listen well, don’t judge, don’t get on your soapbox, behave, raise your hand and wait to be called on by your facilitator to ask for clarification.  Did we all agree?  I raised my hand.  “I’ll call on you in just a minute.”  Any other points of agreement?  One man suggested everyone turn off their cell phones.  

I raised my hand again.   “I’ll call on you in just a minute,” the facilitator said, then dispersed the group.  What I wanted to ask was that we NOT disperse, because a large group is, in my experience, more dynamic and focused.  

A young man from the County Parks Department came up to ask what I needed.  I presented my thoughts about dividing the group.  He just walked away without discussing anything.  I felt like bleating, but did not, and instead joined my appointed sub-group.  

Each of the four stations was allowed 17 minutes.  The first station was confusing.  We were told to vote on what mattered most to us by placing a colored dot next to the concept.  The concepts were vague.  “Exactly what does preserve and enhance natural resources involve?”  I asked.  The facilitator told me to just vote and we would discuss what things meant after that.  

“But how can I vote if I don’t understand what these things mean?”  I asked.  “Just vote,”  she replied.

I never did get an explanation of anything.  I guess I didn’t raise my hand high enough.  Maybe it was just too noisy to hear anything.  The facilitator rang the bell, and we all had to relocate to a different station.  I felt like I was part of a small herd of livestock.

When the main herd re-convened, the facilitator did a selective re-cap of four or five ‘unique’ ideas she had noted during the sessions, then we were excused.  When I asked when the comments would be made publicly available, one of the facilitators from the County Administrator Office said there was still one more public meeting at another area of the County, but the comments of all four meetings would be ready in two or three weeks.  Wow…not much time to assimilate all those colored dots and post-it notes into a County Park Strategic Plan that will reflect the thoughts and concerns of the public.

Yup, now I’m sure the shredders are working overtime at County government…..

NOT A SHRED OF NATIVE AMERICAN OR ARCHAEOLOGICAL OBSERVATION AT APTOS VILLAGE PROJECT.
The massive amounts of trenching and excavation work happening at the Aptos Village Project has been notable.  What has been missing is a qualified archaeological and Native American observer while all that digging is happening.  

Last year, Soquel Creek Water District did the right thing and paid such observers to stand guard monitoring the digging.  I recently read their report and noted significant historic and pre-historic items were found.  The report stated that the observers were required due to the existence of a significant archaeological site on the southern premises.  

The documentation for the Aptos Village Project makes no mention of this site.  The County’s Negative Declaration does not mention it, nor does it require any Native American observers.  Once again, the County relegates the critical task of determining if there are significant archaeologic deposits found during digging to the excavator operator.  That gives me no confidence that important artifacts will be noted or preserved.

Last Friday, I happened to be watching one of the many excavation crews through the chainlink fence when I saw the digger unearth a round stone object.  When I yelled at the operator to stop, he did, got out, picked up the object, and threw it back down.  

“I’m not an archaeologist, but I think that could be something significant,”  I said.  “Where is your archaeologist?”  The operator said he would go look.  The other workman let me know “they found LOTS of stuff over on the other side yesterday.  LOTS of stuff.”  

The operator did not return.  I went to the other side of the development….more digging….no observers.  I returned to the original spot….digging had continued.  The artifact was tossed up on the side….it looked like a stone mortar.

I left and made a call to a Native American observer.  She said she was supposed to be notified when excavation work began, but did not get a call.  She was concerned about no one being there to watch.

INDEED, WHO IS WATCHING BARRY SWENSON BUILDER AND THE APTOS VILLAGE PROJECT CONSTRUCTION?
One wonders if the County cares at all about anything other than what the CAO envisions as future income?  

ATTEND THE APTOS VILLAGE PROJECT APPLE BARN PUBLIC HEARING
This Friday, May 12, 9:30am in the 5th Floor Supervisor Chambers….

Write your thoughts about the environmental problems at this development and demand further environmental review.  Under CEQA process, new information may be presented with a request for further environmental review….please contact me for this information.  

WRITE ONE LETTER.  MAKE ONE CALL.  MAKE A MONETARY DONATION.
MAKE A BIG DIFFERENCE…..BUT DO SOMETHING THIS WEEK.

Cheers,