Coyote: Next Steps

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Date: Tue May 11 1999 - 14:20:39 PDT

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From: Eyes4Hire@aol.com-DeleteThis
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Date: Tue, 11 May 1999 17:20:39 EDT
Subject: Coyote: Next Steps
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I have talked with the City Attorney and this is the general schedule/process
as he describes it:

(1) SUFFICIENCY

The Planning Commission has found the EIR sufficient - i.e. they have found
that it contains all information needed for them to take action.

(2) STUDY SESSION (2 weeks)

The planning commission will hold a 'study session' on the project in two
weeks. This is a session where there is no public comment. The commissioners
will pose questions to staff and make suggestions about what they would like
to see the developer do in terms of study or modifications. They will then
put the matter over for project approval which might be 2/4/6 weeks at their
discretion and depending on how much they have asked to see in terms of
modifications or alternatives.

(3) PROJECT APPROVAL (1-2 months)

At the project approval stage the Commission will state that they have taken
the EIR into account and at that point according to the City Attorney the EIR
becomes finalized. The council can respond to unmitigated significant impacts
(there are some traffic issues identifed as such) by either downsizing the
project or by finding that there is an overriding condideration that allows
for the impact to go unmitigated.

APPEAL/LITIGATION

The City Attorney's position is that we are obligated to appeal to the City
Council before moving forward with litigation on the matter. The EIR in his
eyes is finalized at the project approval stage (3) and an appeal would be
filed after the project approval meeting.

WHAT NEXT?

Some of the Commissioners seem to feel that they have closed the EIR so that
they can make adjustments to the project in approval phase. The message seems
to be, "trust us." They expect that we will feel okay if they gain some
concession form the developer. I think they fail to appreciate how
significant a reduction is neccesary to protect Coyote Point and they fail to
understand that they have saddled us with a completely inadequate definition
of significant impact which will leave us hamstringed in any future process.

I was asked point blank by the commission if I would work with the developer
during this two week interval to find solutions. I don't think the developer
will put anything else on the table but it may make sense for me to talk with
him so that we can at least know that we tried.

It may make sense to try and make one last stab at getting a significant
impact finding. Maybe a letter from an attorney very clearly spelling out why
we would have no choice but to appeal and ultimately litigate including a
list of grounds for an action.

Peter

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