Jack McCurdyJanuary 2012
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City Ignores Coastal Commission Staff to Approve Cerrito Peak Project, Page 2

by Jack McCurdy

Hello. My name is Julian Smalley, and I live at 356 Main St. I am one of the four appellants who paid $200 each to formally object to the Cerrito Peak development.

I'm sure everyone will agree that Cerrito Peak is a beautiful spot, with terrific views, abundant wildlife and a rich Native American history. Like generations of residents before me, I have been enjoying it for many years. Most cities would consider themselves extremely fortunate to have such a resource, and would work to preserve it for the public good, but not, apparently, Morro Bay's Planning Commission.

Although Cerrito Peak has just as much wildlife, views and history as Black Hill or Morro Rock, the city has singled it out for development, and we are now facing the threat of losing a treasured public resource.

The planning process avoided preparing an Environmental Impact Report, typically required for such a sensitive area by the California Environmental Quality Act. Such a report would have highlighted the unique fragility of the site, to the developer's detriment. It is, after all, an improbable and impractical site for a residence.

The planning commission also seems confident that the approved permits are not appealable to the Coastal Commission. There's good reason to believe otherwise. The California Coastal Act makes it clear that a development can be appealed if it is not "in conformity" with the city's "local coastal program". The Local Coastal Program is, as you know, a list of the city's values and policies that inform and guide coastal development, all under the auspices of the Coastal Commission.

Policy after policy in the city's plan emphasizes ALL of the following in preference to private development:

* preservation of views
* preservation of wildlife
* preservation of archeological resources
* preservation of public access and recreation
* and finally, responsible development that minimizes risks to neighboring properties

As an example, policy 12.01 states:

"The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic and coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of the surrounding areas, and where feasible, to restore and enhance visual quality…"

In other words, this planned development appears to be in direct conflict with the very values the city espouses.

The development will certainly hinder access to views of the coast for the public, and the hillside itself will lose its natural character.

Wildlife on the hill is sure to be disturbed and displaced as trees and rocks are permanently removed.

Archeological resources will lose their natural context and access to them will be hindered.

Public access that has been enjoyed since the city was founded will be restricted, and I anticipate that the public will be discouraged from using what access remains for fear of trespass.

There is little public support for this project. Of the five proponents cited by the Planning Commission, three** are real estate agents who work at Bayshore Real Estate Agency, whose owner/broker is Dan Redell, the applicant. While they are free to voice their support, they were not asked to disclose their affiliations, so I mention it here for the public record. Another individual was cited as favoring the project, despite expressing reservations.

The proposition before the council seems clear. Approval will put one developer's personal gain before the public good, for all time. It will signal the council's willingness to spend tax-payer's money on any subsequent appeals and legal proceedings, effectively socializing the cost for the developer of what is an unpopular proposal.

Denial, on the other hand, says that the council honors the values it espouses in the city's Local Coastal Program, and wants to preserve full access to a pristine location that is valued by residents and visitors alike. Preservation of Cerrito Peak will, in the long run, be far better for Morro Bay businesses than the marginal benefits of another private residence.

I appeal to each council member, as an elected steward of the city's natural and economic resources, to do the right thing, the wise thing, by denying these permits.

Thank you.

**Chris Bath, Ken Veserfelt, and Gail Queen

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