9 February 2012, 7:04 am
If you build it, they will come and shop. Or will they become stuck in traffic while worrying about the quality of their water? That could sum up the commercial versus environmental arguments presented at a public hearing Tuesday that preceded the Monterey County Board of Supervisors giving a contentious Corral de Tierra shopping center proposal the go-ahead. Eric Phelps, 41, said he was 3 years old when his father, Bill, got the idea for a center at Corral de Tierra Road and Highway 68. The family has owned the property for about 40 years and although Bill Phelps was not present Tuesday, Eric said his father felt 'relieved' over the approval. Tuesday's approval of the Environmental Impact Report cleared many hurdles for the 100,000 square-foot complex - but are more roadblocks ahead? 'It's possible,' said Salinas attorney Brian Finegan, who represents Phelps. 'There is a small group of ardent objectors who have always put up roadblocks ... There is a distinct possibility they will file a lawsuit,' Finegan said. Mike Weaver heads up the Highway 68 Coalition, a group opposing what is officially known as the Corral de Tierra Neighborhood Retail Village. Weaver had no comment on any future moves when contacted Wednesday. Opponents have 30 days to legally challenge the EIR on possible grounds that it was flawed, Eric Phelps said. 'We feel pretty good about it (the EIR),' he said. Phelps would like to break ground about 18 months from now but a lawsuit might add a year to that. It will take about one year to build the project. Over an hour of public comment Tuesday from more than 20 speakers revealed the obvious: A divided local community and a conflicted board of supervisors. That confliction was evident in a 3-2 vote with supervisors Fernando Armenta and Lou Calcagno supporting supervisor Simon Salinas' motion for approval, with Jane Parker and Dave Potter voting against, both citing the size of the center as part of their rationale. Tuesday's arguments were framed along these lines: a Will the center produce traffic jams or reduce road trips for residents who now need to go to Salinas or Monterey to shop? a What are the full impacts of a trace toxic found at an old gas station site adjacent to the center site on nearby water systems? a Will the project's storm water recharge system provide sufficient water for a fully built-out center in an area with traditional water supply difficulties? Phelps, as one of the 105 conditions of approval of the Combined Development Permit, must remove and clean up any toxics at the former Exxon gas station site. County planning Director Mike Novo told the board that his department's Findings of Overriding Consideration found the location is designated for commercial use and that it would reduce the 'vehicle miles traveled' and reduce greenhouse gases. Many supported the project for its economic and job benefits and as a community hub. Others were not convinced. Resident Noel Thieleman said her trips to Monterey along Highway 68 now take her 40 minutes to travel 11 miles. 'We are going to have gridlock,' said Thieleman. Resident Larry Daniels had a different view. 'Monterey County has a reputation for being hostile to business,' he said. The size of the center bothered others besides the supervisors who opposed it. 'This project is still too big,' said Amy White, executive director of LandWatch Monterey County. White also had concerns about the recharge water system. 'Stormwater recharge is not a reliable water source.' A consultant for Phelps disputed that, citing a Southern California study. The shopping center is limited to nine acre-feet a year with financial penalties for overusage, planner Novo said. 'The county should not keep approving projects that do not have available water,' said Molly Erickson, representing the Highway 68 Coalition at the hearing. The approval brings a danger of groundwater contamination and traffic will worsen, Erickson said. Erickson could not be reached Tuesday for comment about possible litigation. The center 'will be the first new, commercial LEED (green building standards) construction project in the county and one of the first in the state,' said Phelps. He touted the groundwater recharge system, the berms and landscaping shielding the center from the highway, dispersed parking and the community support, as positives moving forward. The center will contain about 12 buildings, only one will be two-story. The anchor tenant will be a grocery store of about 23,000 square feet. Other tenants could be restaurants, banks, an urgent care center, a dry cleaner and pharmacy, said Phelps. The groundwater issue was key to much of the public hearing. 'Ladies and gentlemen we are talking about poison here,' said Prunedale resident Jan Mitchell. She called the EIR flawed. 'Please don't push this nightmare forward.' Finegan said the Phelps family had remediated the site in 2002 and it was not until 2011 that the county environmental health department said more studies were needed. Only one sample of the gasoline additive MTBE was found on the old gas station site, said Finegan, but no samples were found on the shopping center site itself. MTBE (methyl tertiary butyl ether) was a common additive in gasoline but its use has declined greatly recently, according the federal Environmental Protection Agency website. Leaking underground storage tanks are the main source of MTBE but no national standard for MTBE levels for drinking water has been set, the website states. The agency has an ongoing study of potential health effects. ... Read More »