Recirculated Draft Environmental Impact Report for the Sale of Flanders Mansion Property: A Public Comment Letter

ABSTRACT: Per CEQA Guidelines 15088.5(f)(1), the City of Carmel-by-the-Sea has requested that members of the public submit new comments on the Recirculated Draft EIR. A letter written by a Carmel resident submitted to the city is featured. The public comment period ends Wednesday, February 18, 2009. Comments concerning the adequacy of the RDEIR are to be addressed to Sean Conroy, Planning & Building Services Manager, City of Carmel-by-the-Sea, Community Planning & Building Department, P.O. Drawer G, Carmel-by-the-Sea, CA. 93921 or email sconroy@ci.carmel.ca.us or fax (831) 620-2014. An ADDENDUM consisting of a link to the Notice of Availability/Notice of Completion for the Recirculated Draft Environmental Impact Report (RDEIR) for the Sale of the Flanders Mansion Property is provided for informational purposes.

9 February 2009

CEQA further states that a public agency shall not decide to approve a project unless the agency has “determined that any remaining significant effects on the environment found to be unavoidable…are acceptable due to overriding concerns.” (CEQA Guidelines §15092(b)(2)(B)). Overriding concerns may include specific economic, legal, social, technological, or other aspects of the project that outweigh the adverse environmental effects (CEQA Guidelines §15093(a)).

3.2 PROJECT BACKGROUND
Chronological History:
2008: City Council directs staff to initiate preparation of a Recirculated Draft EIR for the sale of Flanders Mansion Property consistent with the Superior Court’s ruling. Staff is also directed to authorize Architectural Resources Group (ARG) to prepare a cost estimate for necessary repairs to the Flanders Mansion. Staff is also directed to authorize CBRE, Inc., to prepare an economic feasibility analysis.

(Source: RECIRCULATED DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE SALE OF FLANDERS MANSION PROPERTY, January 2009, DENISE DUFFY & ASSOCIATES, INC.)

Unlike most other Environmental Impact Reports, this Recirculated Draft Environmental Impact Report for the Sale of Flanders Mansion Property (RDEIR) is subject to both the California Environmental Quality Act (CEQA) and a Monterey County Superior Court’s order. As such, the City of Carmel-by-the-Sea’s decision to exclude the Economic Feasibility Analysis and the Site Evaluation and Construction Cost Estimates from the RDEIR for public review and comment arguably renders this RDEIR a legally inadequate document. Moreover, the City’s omission of these two critical documents contradicts CEQA’s informational purpose of ensuring that the public has adequate time to review all the information central to the City Council’s decision on the proposed project.

ADDENDUM:
Notice of Availability/Notice of Completion for the Recirculated Draft Environmental Impact Report (RDEIR) for the Sale of the Flanders Mansion Property