HOPE - Helping Our Peninsula's Environment

Box 1495, Carmel, CA 93921 - 831/624-6500

Carmel City Council

April 3, 2001

Re: Proposed Coastal Land Use (Local Coastal) Plan and Negative Declaration Substantial Improvements and EIR Legally Required

Dear Council,

We feel certain you really care about our environment or you wouldn't be in public service.

We appreciate the positives steps that this draft proposal represents, but are sorry as we must object to the project as proposed, and its associated Negative Declaration.

Table of Contents

Introduction

Overall Goal

Substance ====================

Include all ESHA

Significant Changed Circumstances

Water Quantity Emergency Declared

Water Pollution

Electricity Supply Emergency Declared

Traffic

Parking

Air Pollution

Population

Housing

Biota

Forest

Forest Management Plan

Resource Protection

Seawalls

Coastal & Beach Access

Process ================================

Include Maps

Provide Citizen Enforcement

Appeals

Comparison With Existing Regulations

CEQA EIR Needed

INTRODUCTION

We do appreciate the effort that has gone into this project, but we have a number of significant concerns about the proposed Land Use Plan (the Local Coastal Plan) Element addition, its accompanying Forest Management Plan, how they clash with the existing General Plan and the likely significant environmental impacts of adopting them.

It is neither fair or reasonable to place the blame on this council for the inexcusable two decade (26 year) delay in getting to this point, but it is this Council's opportunity to make this Coastal Act legislation worthy of pride as it may guide our village for generations.

FAST-TRACK IS A MISTAKE

It is unfortunate that after 25 years of non-compliance the city has chosen to fast-track this process and exclude the public wherever possible. Documents were only available for a hefty cost (excluding people of limited income), only available during business hours (excluding working people), or on the Internet (excluding the 99% of the population without an Internet connection and makes it difficult to read for those who do).

Only a single workshop was provided and it conflicted with a prior important engagement for our organization and perhaps for others. The Planning Commission meetings were only held during business hours.

PENNY WISE POUND FOOLISH

We do fault staff for refusing to provide these documents at no charge to the public. It is the main reason it took so long to prepare our extensive comments. This document will control perhaps hundreds of millions of dollars of our village Planning Budget and development - yet the Planning Dept. can't afford a few hundred dollars at the most to let the public review this document. There is only one word for that - Foolish.

We suggest you provide policy so those representing the non-profit public interest can obtain documents in the future without charge.

It is also disappointing that this effort seems to have ignored all the efforts to make our town more liveable for residents during the Design Traditions process. I recall clearly the results of the workshop at the Women's club where every group independently came to the conclusion that every block should have Park space. We can find no such hint in this proposal.

OVERALL GOAL OF COASTAL ACT CONSISTENCY

We know you would not want this to ever be interpreted as weaker than the Coastal Act itself so we respectfully request adding the phrase "In no case shall this Coastal Plan or its Implementing Ordinances be interpreted to be less protective than the Coastal Act itself."

A+ POSSIBLE

As you know the California Coastal Act is merely the MINIMUM required by law. That means the City only has to get a "D minus" to pass. Surely you consider Carmel as worthy of getting an "A-Plus" when it comes to Coastal protection.

SUBSTANCE ====================

The Coastal Zone extends seaward to the state's outer limit of jurisdiction, including all offshore islands.

Coastal development permits could include projects which cause pollutants (e.g. sewage, oil) to impact the Offshore Sensitive Species Habitats.

Offshore Sensitive Species Habitats include - Sea otter habitat including the kelp beds, California Brown Pelican habitat (this is a State and Federally listed Endangered species); and Black Abalone habitat.

Please add the words -

"All Habitat areas containing wetlands or rare, endangered or threatened species habitats shall be permanently and wholly protected from disturbance."

Please add in the most appropriate place:

"All Environmentally Sensitive Habitat Area delineations shall be based upon the most expansive definitions of wetlands and the most expansive lists of rare, endangered or threatened species."

Please add in the most appropriate place: "Native Monterey pine (Pinus radiata) trees and their habitat shall be designated as Environmentally Sensitive Habitat Area."

Findings required:

Please add "The approved project will result in no harm to any Environmentally Sensitive Habitat Areas or the species or the topography which makes it an Environmentally Sensitive Habitat Area."

To provide Environmentally Sensitive Habitat Area protection, Add "Shall not remove any more vegetation than is minimally necessary for safety."

Please provide explicit criteria for consulting biologists or a decision by the Director may be discretionary and subject to CEQA.

For biologists working with listed species require they have an up to date US-Fish & Wildlife Service (FWS) license for that species.

Please add a criterion to insure no Financial Conflicts of Interest - that all consultants must disclose all other contracts and income.

INCLUDE ALL ESHA

Failure to recognize all Environmentally Sensitive Habitat Areas.

There are three major types of ESHAs in Carmel - wetlands and onshore sensitive species habitats and offshore sensitive species habitats.

Coastal Wetlands in Carmel include - the 4th Avenue creek watershed and the Junipero creek drainage which we request you include.

"Wetlands, estuaries, streams, riparian habitats, lakes and portions of open coastal waters" in the Coastal Zone are Environmentally Sensitive Habitat Area (ESHA) according to California Coastal Commission "Statewide Interpretive Guideline for Wetlands and other Wet Environmentally Sensitive Habitat Areas (adopted 2/4/81)" and cannot be altered or destroyed unless the project is dependent on the resources.

The Coastal Act definition of wetlands would include the wetland areas of Estuarine, Palustrine, and Lacustrine ecological systems defined by the US-Fish & Wildlife Service classification system.

Habitat for listed plant species is ESHA and can not be altered or destroyed unless the project is dependent on the resources.

Habitat for listed animal species is ESHA and can not be altered or destroyed unless the project is dependent on the resources.

For all listed species potential habitat and wetlands this project could affect - please explain how this project is dependent on each of the natural resources it would diminish.

Please provide an exhaustive list and map of all drainages and wetlands in Carmel.

ONSHORE Sensitive Species Habitats include-

Monarch Butterfly habitat including native Monterey pines: The Butterfly's activities are designated a "Threatened Natural Phenomenon" by the International Union for the Conservation of Nature and Natural Resources. The Monarch (Danaus plexippus) is specifically protected in the City of Pacific Grove with a $500 fine for killing one.

Yadon's Piperia (Piperia yadonii):

This is a Federally listed Endangered species as of August 1998. Monterey County is well within the range of this species. Its habitat is almost entirely native Monterey pine forest.

Pacific Grove Clover:

This is a Federal Species of concern. It is state listed as Rare. Its habitat includes native Monterey pine forest, especially on the Monterey Peninsula.

Mountain Lions:

This is a Federally listed Threatened species. (felis concolor) Monterey County is well within the range of this species. They occasionally walk into non-rural areas including Hatton Canyon (1980's), Pebble Beach and Carmel.

Please add the words -

"All Habitat areas containing wetlands or rare, endangered or threatened species habitats shall be permanently and wholly protected from disturbance."

Please add in the most appropriate place:

"All Environmentally Sensitive Habitat Area delineations shall be based upon the most expansive definitions of wetlands and the most expansive lists of rare, endangered or threatened species."

Please add in the most appropriate place: "Native Monterey pine (Pinus radiata) trees and their habitat shall be designated as Environmentally Sensitive Habitat Area."

Findings required:

Please add "The approved project will result in no harm to any Environmentally Sensitive Habitat Areas or the species or the topography which makes it an Environmentally Sensitive Habitat Area."

To provide Environmentally Sensitive Habitat Area protection, Add "Shall not remove any more vegetation than is minimally necessary for safety."

Please provide explicit criteria for consulting biologists or a decision by the Director may be discretionary and subject to CEQA.

For biologists working with listed species require they have an up to date US-Fish & Wildlife Service (FWS) license for that species.

Please add a criterion to insure no Financial Conflicts of Interest - that all consultants must disclose all other contracts and income.

The phrase on P9-160 "allow limited development" in ESHA could be mis-interpreted by a court to mean allowing development in Environmentally Sensitive Habitat Area. As stewards of Carmel's strained public trust we feel confident you would not allow Environmentally Sensitive Habitat Areas to be lost permanently.

We urge downzoning all ESHA to prevent development on it or which could harm its natural resources.

SIGNIFICANT CHANGED CIRCUMSTANCES

The Carmel General Plan, last updated in 1988, is already out of date because some significant circumstances have changed since then.

Since then Carmel now labors under an official Water Supply Emergency, an official Electricity Supply Emergency, Traffic is now officially at Gridlock (LOS 'F'), downtown parking far exceeds capacity, our Monterey Pine forest is seriously threatened with extinction, several other plant and animal species are declining as well, Carmel Bay is now included in the world's second largest National Marine Sanctuary and Carmel's human population continues to drop.
 
 

WATER QUANTITY EMERGENCY DECLARED

Water supply for the Monterey Peninsula area became legally constrained with (SWRCB order 95-10). The Carmel River Dam approval and EIR were voided by the court. This means that two thirds of all the water we get out of our taps is illegal water. This impact is distinct from the physical impact of physically overpumping our water supply - the Carmel River and harming listed species.

MONTEREY COUNTY IN WATER CRISIS - NOW!

WE LIVE IN A SEMI-DESERT!

The Salinas Valley was designated on early maps as the "Salinas Desert." Carmel is not located in a rainforest, nor is it in the American Midwest or Deep South where rain often occurs daily - Our Monterey Peninsula is in a semi-DESERT climate. Data collected by the National Weather Service over the past 39 years show that Carmel Valley, the primary water source for the Peninsula, only gets an average of 18 inches of rain a year.

According to Monterey County Water Resources Agency, the Salinas River groundwater basin is overpumped by some 40,000 to 50,000 acre feet more per year than is replaced by groundwater recharge.

This means that taking water from some other area of Monterey County is a cumulative impact on the total water of the County.

MONTEREY PENINSULA WATER EMERGENCY

The Monterey Peninsula Water Management District declared a "Water Supply Emergency" in 1998 which is still in effect in Nov 2000. A previous Water Supply Emergency was declared in 1990 and was temporarily rescinded prior to 1998 when an additional 150 acre feet of water was added to the Cal-Am system.

CARMEL RIVER IS A FULLY APPROPRIATED STREAM (FAS)

The California Water Resources Control Board has declared the Carmel River a Fully Appropriated Stream (FAS). This means no additional water rights from that source can be had. The Carmel River supplies over 70 percent of the water for Cal-Am to provide to the Monterey Peninsula.

THE MONTEREY PENINSULA HAS A HUGE WATER OVERPUMPING

SHORTAGE - NOW!

More than 70 percent of the water for the Monterey Peninsula is pumped from the Carmel River watershed. The remainder is pumped from the Seaside basin.

In 1990 the total water allocation (maximum amount of water for human use) for our Monterey Peninsula was reduced from 20,000 af / year to some 17,300 af / year.

In 1977 Monterey Peninsula residents were forced into 50% rationing by the Public Utilities Commission. At that time (1977) humans were endangering the Carmel River by overpumping. In spite of that stern warning, local government officials have repeatedly refused to stop approving new water hookups.

In 1977-78 the State Legislature created the Monterey Peninsula Water Management District which removed the rationing and moratorium. This resulted in a rapid increase in the number of hookups. Since the 1978 rationing and moratorium, the Monterey Peninsula Water Management District has allowed more than seven thousand (~7,800) new water connections and their attendant pumping and river dewatering. This includes three (3) finished golf courses. It does not include three (3) more approved golf courses or three further with approvals that haven't been finished or the three further proposed golf courses which the Water District is expected to allow.

This increase in hookups caused a decrease in the amount of water available for everyone and an increase in dewatering of the Carmel River from overpumping, leading to habitat harm for many animals and plants including "continuing take" of the FESA listed West Coast Steelhead (Oncorhynchus mykiss) Steelhead trout and the FESA listed California Red-legged frog.

The increased pumping also increases the risk of harm to physical health and safety to Peninsula residents from losses of water quantity and quality.

CARMEL RIVER PUMPED FAR BEYOND SUSTAINABILITY

Most of the Monterey Peninsula's water is pumped from the Carmel River by Cal-Am, owned by American WaterWorks of New Jersey. Smaller amounts are pumped by Cal-Am from a Seaside aquifer and by some 200 private wells on the Carmel River.

"The Carmel River watershed was added to to the SWRCB's List of Fully Appropriated Streams (FAS) for the period May 1 to Dec 31 (pursuant to SWRCB decision 1632 in 1995)."

In turning down the September Ranch Project in Sept. 1999 Judge Silver cited how in 1988 Monterey County "as an urgency ordinance, adopted Ordinance 3310. (AR 1209) The findings in support of the Ordinance stated '(A)s a result of such excessive and expanded water usage in the areas defined herein, the potential exists that Monterey County's allocation of water will be exhausted so as to pose an immediate threat to the public health, safety, or welfare.' Because of this perceived crisis the Ordinance prohibited new development, with certain defined exceptions, which resulted in an increase in the use of water over that level of use existing at the time the Ordinance was applied to the property."

Even pro-Dam advocates admit the Peninsula is out of water - former Water Board member Jim Hughes stated in his (losing) 1999 campaign "I tell cities - We're out of water. So don't come asking me for any." Monterey County Association of Realtors spokesperson Sheryl McKenzie said "There's no water out there." at Water Transfer hearing May 15,00

ENDANGERED SPECIES TAKEN AND THREATENED BY WATER OVERPUMPING

During the 1987 to 1995 time period the steelhead trout run in the Carmel River dropped. It fell to ZERO for four years at the beginning of this decade. Only single digit numbers of the species showed up for 6 of the last 10 years. This, among other things, caused the steelhead to be federally listed and protected under the Endangered Species Act in 1997.

The California Red-legged Frog was also recently listed (1996) by the US-Fish and Wildlife Service. The headwaters of the Carmel River host one of the three "largest" (really meaning non-tiny) remaining populations of the frog.

In 1997 there was a serious "take" of the steelhead AND the frog, which experts find almost certainly due to overpumping of the Carmel River.

Frog Take - US-FWS letter Dec 10 1997

"Existing water diversions along the Carmel River may be resulting in the take of the threatened The California Red-Legged Frog (Rana aurora draytonii)."

"The Service is concerned that water diversions along the Carmel River may be resulting in the take of the threatened California Red-Legged Frog."

Frog Take - US-FWS letter July 20 1997 to the SWRCB Chairman Titled "Potential Endangered Species Act Violation for the California Red-Legged Frog from Water Diversions on the Carmel River, Monterey County, California."

Watershed Drawdown Impacting Fisheries:

"WR 95-10 Conditions are inadequate in light of the subsequent ESA listing for steelhead and designation of critical habitat and because steelhead are continuing to be taken every year due to the overpumping." - Comments by Steve Edmondson, Team Leader, Fishery Biologist in the Northern California Habitat Conservation Division of the United States Department of Commerce, National Marine Fisheries Service (NMFS) in testimony to California Water Resources Control Board May 30, 2000 in Monterey, CA.

US-National Marine Fisheries Service, SW Region letter Nov 6 1991 Draft EIR comments:

"Excessive drawdown of [the Carmel Valley and Seaside] aquifers results in a dry lower Carmel River, such that river flow does not reach the sea, preventing steelhead migration." "As the populations and water demand grow, mandatory water rationing and water shortages during droughts will be more severe, and fisheries impacts could worsen."

"We are not sure whether either the CDFG instream flow recommendations or the MPWMD flow recommendations are appropriate to adequately restore the steelhead run."

Steelhead Take - US-Nat. Marine Fisheries Srvc, SW Region letter Oct 10,97 "...Water District Senior Fisheries Biologist Dave Dettman counted 289 dead juvenile steelhead in the Robinson Canyon to Shulte Road reach of the Carmel River. Mr. Dettman observed that the cause of the fish kill was due to no, or minimal flows, and high water temperatures. The fish kill was attributed to pumping rates at Cal-Am wells in excess of Stream flows, and recharge capacity. If these allegations are true, Cal-Am's practices could be significantly affecting a fish species that NMFS has listed for protection under the ESA."
 
 

Overpumping a stream reduces it to pools connected only by dry riverbed.

SWRCB Memorandum Nov 1999 in File 262.0(27-08-01) - "[W]hen the fish are confined to pools such as this, the opportunity for predation is significantly higher than during periods of continuous flow..." (pg 7)

"[L]ow [streamflow] flow periods are times when aquatic organisms are most susceptible to predation. Although the stream habitat may exibit the capability to support large umbers of fish at a relatively low flow, there are significant population declines among aquatic organisms during these periods because the aquatic habitat is more accessible to land and avian predators." (pg 10)

Carmel River Steelhead Population Importance:

US-National Marine Fisheries Service, SW Region letter May 20 1996 "...given the importance of the Carmel River Steelhead population for recovery of steelhead coastwide,..."

This adverse physical environmental impact of dewatering a river is distinct from a legal right to pump water. Monterey County agencies are uniformly ignoring this distinction as of May 1999 and asserting that if a party has a legal right to water - no physical environmental impact exists. Agencies blatantly ignoring this include: The Monterey Water Management District, Monterey County (Pebble Beach Lot Program EIR), Pacific Grove (dozens of building permits per month), Seaside (Mariott Hotel) and Sand City (Dunes Hotel).

Also during this 1978 to 1995 period California-American Water Company (the Peninsula's main water provider) was pumping a significant amount of water without legal water rights. In 1995, after dragging their feet for eight (8) years since the first complaint, the CWRCB ordered Cal-Am to cut back their water pumping to the amount of legal rights they owned. This cut some 11,000 af out of a normal 16,000 af of water pumped yearly. Failing to comply with the 1995 order Cal-Am was fined $168,000 in 1997 by the CWRCB.

This is substantial evidence of potentially significant environmental impacts due to any increase in water. This Plan provides no mechanism to limit water use to prevent such significant environmental impacts. An EIR needs to be prepared and we suggest a General Plan Element called "Water" be created.

WATER CHECKLIST

These questions need to be asked in the General Plan, its IP and for all applications which could increase water use.

1. Has Water Allocation Plan had an update and reduction to reflect all Water Rights adjudications?

2. Has Water Allocation Plan had an update and reduction to reflect all Public Trust circumstances?

3. Has Water Allocation Plan had an update Environmental review to reflect all current Environmental circumstances?

For Carmel specifically and the Monterey Peninsula in general the answer to all the above questions is No.

"O9-6 Water Conservation" only mentions water demand; it fails to recognize fully half the mission of the MPWMD - to protect our water environment.

This Plan needs to provide recognition and environmental protection of the sources of the village's water supply or risk basic health during droughts.

Carmel's Ordinance 96 mandates all land uses are subservient to Residential uses - particularly business uses.

ZERO-SUM WATER USE

This LUP and the General Plan must recognize that no new business licenses may be issued when there is a potential of residential uses being inconvenienced, interfered with or seriously harmed by water used by businesses. This clearly occurs during droughts.

Any business uses of water which violate Ordinance 96 must be prohibited and cease.

WATER POLLUTION

We appreciate you recognized Urban Runoff and non-point source pollution including oil runoff from roads. Our concern is that the LUP doesn't do anything about enforceable about it.

"P9-179 Avoid the conversion of areas particularly susceptible to erosion and sediment loss (e.g., steep slopes) and/or establish development guidance that identifies these areas and protects them from erosion and sediment loss. Limit grading in areas with slopes of 30 percent or greater from October through April except in response to emergencies."

Because of the known landsliding potential of Carmel's rock and soil grading should be prohibited on all slopes greater than 30%.

"P9-182 Promote site development that protects the natural integrity of topography, drainage systems, and surface waters."

This outlandishly "Promotes development" to cure a problem that is only caused by development. This is backwards.

Please prohibit development within the coastal zone that could harm "protection of the natural integrity of topography, drainage systems, and surface waters."

ASPHALT POLLUTION

Asphalt (vs concrete) paved Roads, Parking Spaces and sidewalks increase oil runoff and hydrocarbon air pollution.

Carmel contains some 30 miles of asphalt roads - 60 lane miles of asphalt roads. Oil from asphalt pavement causes continuous long term air and water pollution. This is distinct from the air and water pollution caused by construction or paving. (Pavement vs Paving)

Crude oil is the second largest component of asphalt, composing at least 5 percent and up to 7 percent of the mass of the pavement (*1). Thus every ton of new paving asphalt contains at least 100 pounds, and possibly 140 pounds, of crude oil. Since the oil is not sealed in, it evaporates and becomes air pollution, or it is washed off in rains and fog to become water pollution. Even in relatively tiny amounts, these forms of oil (hydrocarbon) water and air pollution can sicken and kill plants and animals.

"Oil is composed of thousands of compounds, including polynuclear aromatic hydrocarbons, or PAHs. PAHs are not regulated in the aggregate nor for their impact on aquatic life. The EPA issues water-quality recommendations only for human consumption of specific PAHs-such as napthlene and chrysene-although states can devise their own regulations."

"... Heinz (US-National Marine Fisheries Service biologist in Juneau) and his colleagues have determined that PAH levels as low as 1 ppb harm both pink salmon and Pacific herring. In their most recent studies which appear in this month's Environmental Toxicology and Chemistry, the scientists found that mortality increased for both species of fish exposed to 1 ppb. And they discovered that the effects of very weathered oil were the same as those of fresh oil..." Scientific American March 1999 pg 38

The hydrocarbons in asphalt can cause direct harm to many species of aquatic and terrestrial life including killing salmonid eggs and alevins. See *2, *3.

Asphalt hydrocarbons could potentially be a hazardous waste under California's Hazardous Waste regulations as the threshold is an LC50 of 500 mg/liter. California Department of Fish and Game found significant mortality (up to 60%) at only 1000 mg/liter after only 96 hours. No margin of error was determined. See *3.

It is possible that asphalt's toxin release could increase to cause the LC50 to drop under 500 mg/liter with small variances in testing duration, asphalt age, sunlight exposure, stream temperature, stream water flow, stream acidity, and surface area of asphalt exposed to the surface water. See *3.

California Fish & Game Code 5650 Prohibits Polluting waters with any substance or material deleterious to fish, plant life, or bird life. Prohibits placement of any petroleum product into a place where the product can pass into the waters of the state.

The US blacktops some 1.3 million acres every year. This is equal in area to the state of Delaware. (David Pimental, panelist, "Carrying Capacity Network" conference, Washington DC, 1993)

According to the California Integrated Waste Management Board one lane mile 4 inches thick of conventional asphalt concrete needs 1,584 tons of material. The components include about 3 million pounds of crushed rock and 175 thousand pounds of asphalt cement.

1) Please identify the total number of lane miles the project could allow or maintain both directly and indirectly.

1a) Please identify the total number of acres (include parking lots) of asphalt the project will create both directly and indirectly.

2) Please identify the percentage of oil, by mass, the asphalt will contain.

3) Please identify the number of tons of asphalt used per lane-mile for the project.

3a) Please identify the number of tons of asphalt used per acre.

4) Please identify the total amount of asphalt (in tons) the project will require.

5) Please identify the total mass amount of oil contained in the asphalt proposed for all paving related to the project including for all mitigations.

6) Please analyze the amount and form of oil that will evaporate and become air pollution per year - and for the cumulative lifespan of the asphalt.

7) Please analyze the amount and form of oil that will evaporate hourly and become air pollution during typical hot summer days.

8) Please analyze the amount and form of oil that will runoff and become water pollution per year for the cumulative lifespan of the asphalt.

9) Please analyze the yearly environmental impacts due to the oil's evaporation - and for the cumulative lifespan of the asphalt.

10) Please analyze the yearly environmental impacts due to the oil's runoff into surface waters - and for the lifespan of the asphalt.

11) Please analyze the runoff oil's impacts (and cumulative impacts) on the rare and endangered species - especially reproductive harm to fish, amphibians, birds, trees and plants.

12) Please analyze the runoff oil's impacts when combined with pesticides on the rare and endangered species - especially the fish, amphibians, birds, trees and plants.

13) Please analyze using concrete to mitigate the impacts of the asphalt.

*1 California Integrated Waste Management Board - Asphalt Pavement Recycling Fact Sheet. Confirmed by call to Engineer at Granite Rock of Watsonville, CA Feb 25 1998.

*2 Harrington, JM and JT King. 1996. Toxicity of reclaimed asphalt pavement with particular emphasis on its use in or near irrigation canal systems. Environmental Services Division Administrative Report #96-2

*3 King, JT, JM Harrington, and KR Wagter. 1996. The toxicity of milled asphalt pavement to aquatic organisms and its effects on stream substrates in Deep Creek, San Bernardino County. Environmental Services Division Administrative Report #96-3

IMPERMEABLE SURFACES

We do appreciate the city's efforts to limit or convert impervious surface areas to reduce stormwater runoff that would occur with a paved sidewalks, but we urge extension of that effort to street coverings - to roads.

Please quantify Carmel's Impermeable Surfaces.

"Runoff washes large quantities of pollutants from rooftops, streets, and parking lots. Stormwater pollutants include nutrients, salt, oil, oxygen-consuming materials, and toxins such as copper, lead and zinc. These contaminants come to rest on impervious surfaces by settling from the atmosphere; from car and truck operation; from fertilizers and pesticides applied to lawns; from corrosion of metal downspouts and gutters; and a host of other sources." The Cumulative Effects of Land Development on Streams, Rivers, Lakes, Tidal Waters & Wetlands, by Richard Klein 1979

Increased impervious or impermeable area harms rain infiltration. Impervious surfaces include buildings, homes, parking lots and streets. "Naturally occurring undisturbed areas typically infiltrate 60 percent of rain depending on soil type. Clearing and grading a site typically removes existing vegetated areas that retain the inherent infiltration capacity of undisturbed areas." AMBAG's Pajaro River Watershed Management Draft Plan March 1999

"In the mid-Atlantic states an acre of impervious area may reduce groundwater recharge and groundwater flow to wetlands, streams, tidal waters by 300,000 (almost one acre foot) gallons per year. A decline in recharge may also affect the amount of water available to those who get their water through wells." The Cumulative Effects of Land Development on Streams, Rivers, Lakes, Tidal Waters & Wetlands, by Richard Klein 1979

The use of "Grasscrete" or other similar coverings can almost completely eliminate increased stormwater runoff that would occur with a paved area.

BUILDING SURFACES

We do not find any recognition of this mitigation - The smaller the building footprint, the less the impervious surface loss.

CARMEL SEWAGE & RUNOFF PROBLEMS

On October 11, 1999 Monterey County Environmental Health Dept. found enterococcus bacteria at Ocean Ave in Carmel at levels three times higher than state safety standards. In August 1999 they found a similar problem at Stillwater Cove in Pebble Beach. Contact with that bacteria can lead to several gastrointestinal illnesses. The County delayed a week before posting warning signs on Carmel beach. -Herald Oct 22 99

"About 1,000 gallons of sewage spilled into Mission Trail Park in Carmel early Thursday evening." From the park it flowed into nearby Mission Trail creek, than about half a mile down to the Carmel River and into the Carmel River Lagoon and the Carmel Bay. "Emergency crews flushed the spill area with bleach and about 1000 gallons of water." Herald, Mar 24, 2000

These new circumstances of environmental impact are not recognized and should be.

PESTICIDES

We appreciate the intent of -

"P9-155 Establish a 100-foot buffer along riparian forests where fertilizers, herbicides, or other chemicals are prohibited."

But find it does not fully fulfill the intent of protecting ESHAs.

We request you please include the following -

"All Pesticide or Toxic Chemical use shall be prohibited in Environmentally Sensitive Habitat Areas (ESHA) and in areas where pesticide products or degrades could potentially arrive in Environmentally Sensitive Habitat Areas."

ELECTRICITY SUPPLY EMERGENCY DECLARED - LARGEST IN 55 YEARS

As difficult as it may be to accept - all of us living in Monterey County, indeed all of us living in California, are laboring under an Electric Supply Emergency with no end in sight. The state government mandated local power blackouts we experienced the week of Jan 15, 2001 and which were front page news stories are additional proof of its reality.

"[California] Governor Gray Davis signed an emergency order late Wednesday authorizing the state to buy power to fend off further blackouts." Associated Press, Thurs. Jan 18, 2001

January 18, 2001 California Independent [Electrical] System Operators "declare an Electrical Emergency because of high demand and limited supplies." They begin two hour rolling blackouts.

State regulators imposed afternoon outages in northern California and came close to ordering the first statewide blackouts since World War II.

California uses 30 gigawatts of electricity at peak winter 2001 demand. California uses as much as 50 gigawatts during the summer when air conditioners are turned on. It was during the lower 30 gigawatt period that Northern California experienced intentional blackouts.

Since the electric supply is at and beyond capacity any further increase in demand is a potentially significant environmental impact.

We Were Warned

August 18 1998 California's Energy Commission analysis warns that the state could experience rolling blackouts as soon as Summer 1999 because of rising demand for electricity.

"Power Outages Feared"

July 14 1999 California Independent System Operator (Cal-ISO), which manages transmission for about 75 percent of California, reported that customers used a record breaking 45,884 megawatts of electricity. They issued a stage one emergency warning, which is when electricity operating reserves drops below 7 percent. A stage two is when the level drops below 5 percent. Below 5 percent reserve involuntary cuts to power would be likely according to Cal-ISO spokesman Patrick Dorinson.

Even though California's total electric demands have dropped, however slightly, from 1997 through 2000, the loss of energy capacity is caused by California Power companies selling more electricity out of state. -Fred Keeley Assembly Speaker pro tem. Oct 2000

Impact - Traffic Deaths

One man was killed December 2000 in an automobile accident on Carmel Valley road near Highway 1 because the stop lights and street lights failed at 8:30 in evening.

Impact - Hospital Power Cut

Four San Francisco Hospitals had electricity cut Mar 19, 2001 even though they were supposed to be exempt from blackouts.

Impact - Widespread Looting

Electric Official's Famously Wrong Promise

"The Con Ed system is in the best shape in fifteen years, and there's no problem about the summer." - Charles Luce (Board Chairman of Con Ed) New York Television interview July 10, 1977

On July 13, 1977, three days after Luce's statement, a failure of the Con Ed system plunged the entire New York metropolitan area into a 24 hour blackout, which led to widespread looting.

Impact - Human Heating and Cooling

Lack of electricity to run home heaters and home air conditioners has killed many Americans.

INCREASE FROM FULL USE MEANS SIGNIFICANT ENVIRONMENTAL IMPACT

(CAMEL'S BACK AND STRAW)

When a resource is fully used, or at capacity, any increase in demand is a potentially significant environmental impact under California's Environmental Quality Act (CEQA). It is also a potentially significant cumulative environmental impact.

An example of this is - Cal-Trans standard for a significant impact when an existing intersection is at LOS "F" [gridlock] is the addition of a single vehicle trip. "It is the Department's position that the addition of even one peak hour trip in a LOS environment represents a significant impact." (Cal-Trans letter dated Nov 18, 1997 to the Monterey County Planning Dept on the now approved September Ranch project.)

UNMITIGATABLE IMPACT

A demand increase is not merely a significant environmental impact - it is a significant environmental impact which is absolutely, wholly legally unmitigatable by cities and counties. That's because cities and counties have no legal authority to reduce electric demand by any energy consumer inside or outside their jurisdiction.

OVERRIDING CIRCUMSTANCES UNAVAILABLE

We find that you cannot legally make a finding of overriding circumstances except for new electric supply power facilities because of the significant increase in risk to public health and safety. We find there is no legal way around this significant and cumulative, unmitigatable environmental impact when basic safety and health concerns prohibit the use of overriding circumstances.

This is substantial evidence of potentially significant environmental impacts due to any increase in electric use. This Plan provides no mechanism to limit water use to prevent such significant environmental impacts. An EIR needs to be prepared and we suggest a General Plan Element called "Energy" be created.

TRAFFIC:

Downtown roads have exceeded their traffic capacity for at least 12 years as the General Plan recognizes on page 2-9

New Gridlock - LOS "F" on Hwy 1 at Carmel Valley Road (60 second delay and more).

New Gridlock - LOS "F" on Hwy 1 at Rio Road.

According to TAMC the two Intersections from Highway 1 to Carmel Valley, Carmel Valley Road and Rio Road, are both operating at LOS "F" as of 1998.

Cal-Trans standard for a significant impact when an existing intersection is at LOS "F" is the addition of a single vehicle trip. "It is the Department's position that the addition of even one peak hour trip in a LOS environment represents a significant impact." (Cal-Trans letter dated Nov 18, 1997 to the Monterey County Planning Dept on the now approved September Ranch project.)

Monterey County Public Works:

"If the Intersection is already operating at LOS F, any increase (one vehicle) in the critical movements volume to capacity ratio is considered significant." "For Intersections already operating at unacceptable levels D or E, a significant impact would occur if a project adds 0.01 or more to the critical movements volume to capacity ratio."

The existing queue length at Carmel Valley Road extends for over a half mile east to the signalized intersection at the Middle School. It typically takes 5 light cycle changes to advance westward through the Rancho Blvd Signalized intersection.

This increase in traffic congestion reduces coastal access.

All this should make it obvious that any additional intensification of traffic by any use, as little as a single new vehicle trip, is a potentially significant environmental impact.

Carmel's Ordinance 96 mandates all land uses are subservient to Residential uses - particularly business uses.

This LUP must recognize that any business traffic that interferes with residential uses violates Ordinance 96 and must cease.

Please consider adopting Traffic Calming measures.

PARKING HAS WORSENED AND VIOLATES ORDINANCE 96

Downtown and Beach parking is far past capacity.

Downtown and Beach parking intrude into residential neighborhoods thus violating Ordinance 96. This intrusion is a potentially significant environmental impact.

Downtown Carmel has long been avoided by locals because the traffic and parking downtown is unavailable. This has pushed commercial parking into neighborhoods without commercial uses (e.g. Casanova btw Ocean and 4th). This is recognized in the General Plan pg 2-24

Five parking spaces per thousand square feet of retail shops is a measure typically used by California cities. Using this measure Carmel is far past capacity.

Commerical parking intruding into residential areas is strictly forbidden by Carmel's Ordinance 29 "business development should forever be subordinate to the residential character of the community." General Plan pg I-8.

Business zoning density must be reduced until this conflict is eliminated. As a contrast - beach parking which intrudes into residential areas does not conflict with Ordinance 96 because beach parking is not commercial.

As Parking availability decreases governments typically pass increasingly stronger measures to limit parking and charge for it. In rural areas parking limits and costs are negligible.

Usually the first parking restriction action taken is to paint lined parking spaces. Sometimes a decision between diagonal and parallel parking occurs.

A second stage is to limit parking time in lined spaces. The city then begins to get revenue with parking tickets.

A third stage is to install parking meters. City revenue jumps.

A fourth stage is building parking lots.

MUSICAL (Parking) CHAIRS

Moving Parking Problems from one place to another does not reduce cumulative parking demand. A given street in a neighborhood can only park so many cars at one time. Once that threshold is reached - any further increase in parking demand is like the game of musical chairs. Once a specific block, street or neighborhood has reached or exceeded its capacity limit for parking, the addition of a single car wishing to park is a significant impact. That additional car must park further than the local area thus impacting other areas which may have parking capacity problems as well or diminishing the other area's parking spaces.

Three types of Parking Free parking, Paid Public Parking and Private Parking

Please define parking capacity in spaces per block.

Please identify which blocks, streets and neighborhoods have reached or exceeded their Free parking capacity.

Please identify which blocks, streets and neighborhoods have reached or exceeded their Paid Public parking capacity.

If there is any free public parking capacity remaining, please explain how that remaining will be proportioned out to residential uses, public uses and for commercial or other intensive uses.

SECOND PARKING DIMENSION

Parking has at least two independent dimensions, each of which must be accounted for - the number of spaces and the time parked in each space.

Parking Duration is an additional dimension of parking - it is independent of the number of parking spaces.

To illustrate - if you have 10 parking spaces that are only used for 5 - 10 minutes each (such as at a Post Office), you can accommodate between 60 to 120 vehicle parking events per hour.

On the other hand if each vehicle parks for an hour, you can only accommodate 10 vehicles parking per hour. The remaining 50 to 110 vehicles exceed the parking capacity and overflow parking into other areas.

As an example the IMAX theatre proposed for Cannery Row claims that 85% to 90% of their attendees would come from people already visiting the Aquarium and so no (or extremely few) additional parking spaces are needed. The fallacy is that in order to visit both places - they have to park longer. This would exceed the parking capacity of Cannery Row and overflow parking into other areas.

Carmel (as well as Monterey and Pacific Grove) parking is beyond capacity as evidenced by the issuance of neighborhood parking passes by all three towns.

Carmel (as well as Monterey and Pacific Grove) parking is beyond capacity as evidenced by the issuance of neighborhood parking passes by all three towns.

CONSTRUCTION PARKING

Parking needs increase dramatically during construction.

Construction vehicles, construction support vehicles, and construction worker's personal vehicles need to park somewhere and can fill a residential street's parking spaces. This impact is real, however temporary it is. On the other hand some construction can last 15 years or more (Cannery Row's Rohr Hotel or Gin Wong).

This Update and the General Plan needs to be concerned with What is the maximum number and average number of employee vehicles which will are allowed offsite parking at the project site; and what is the maximum duration of construction?

Please list and quantify all construction vehicles types (e.g. trucks, bulldozers, backhoes, delivery vehicles and their trailers, cranes) which will use on street parking and the duration of their stay in maximum days.

The General Plan needs to recognize and use these criteria to measure this impact: mapped area of parking, vehicle lengths, number of occurrences per day per vehicle, rate, duration of parking per vehicle.

Carmel's Ordinance 96 mandates all land uses are subservient to Residential uses - particularly business uses.

This LUP must recognize that any business parking interfering with residential uses violate Ordinance 96 and must cease.

If this LUP does not do so the General Plan will be internally inconsistent and would conflict with Carmel's own longstanding laws.

Make Carmel reduce its intensity of business use so that parking can be fully provided and no intrude into residential areas.

"O9-12 Maintain a sufficient supply of short-term parking with frequent turn over for the primary benefit of residents (Objective O2-8 of the General Plan Circulation Element)."

This shows a misunderstanding of Ordinance 96. Nothing but residential uses can inconvienience residential uses. Nothing, none, nada, zip, zero.

Stop busses from parking downtown. Busses are primarily, if not entirely, commercial uses and they conflict with Ordinance 96 in causing impacts to residential silence, and causing traffic, parking and air pollution to interfere with residential uses.

AIR POLLUTION

Carmel's Ordinance 96 mandates all land uses are subservient to Residential uses - particularly business uses.

This LUP must recognize that any air pollution caused by business that interferes with residential uses violates Ordinance 96 and must cease.

Diesel engine exhaust is on California's Prop 65 List of Known Carcinogens.

"Diesel trucks and buses are two of the worst polluters and account for 27 percent of smog and soot produced by all of the nation's motor vehicles. This pollution threatens air quality of wildlife habitat in urban and suburban landscapes." DENLines, Friday, Aug 11, 2000 (Defenders of Wildlife newsletter)

"Though they constitute only one in 50 vehicles on California's roads, diesel trucks and buses contributes 60 percent of the soot that comes from motor vehicles and 30 percent of the nitrogen oxides." San Jose Mercury Editorial, May 2000

Diesel exhaust is a toxic soup that contains at least sixteen different carcinogens. Numerous studies on mice and rats have indicated that exposure through inhalation causes cancer. Furthermore, epidemiological studies on occupationally exposed workers have revealed a strong causal association between diesel exhaust exposure and lung cancer. The report estimates the range of cancer risks associated with diesel exhaust to be 22 to 4,400 potential excess cancers among every million persons. Many experts consider even one in a million to be a significant health threat.

AUTO INDUSTRY: DIESEL FUEL CARCINOGEN FOUND MOST DEADLY

Japanese scientists suspect a chemical they detected in the emissions of diesel engines "may be the most carcinogenic ever found, and may be the cause of a rise in urban lung cancers." New Scientist magazine reported last week that the chemical 3- nitrobenzanthrone was found to cause more cellular mutations than the compound previously thought to be the most carcinogenic, 1.6 dinitropyrene. Researcher Hitomi Suzuki of Kyoto U. called for more stringent limits on diesel trucks (Baltimore Sun, 10/23).

NIOSH ISSUES CANCER ALERT FOR DIESEL EXHAUST FUMES RACHEL'S ENVIRONMENT & HEALTH WEEKLY #120 ---March 14, 1989---

The federal government has recently concluded officially that there is another good reason to be concerned about increased truck traffic in your neighborhood: five separate studies in the last 3 years have shown that diesel exhaust certainly causes cancer in laboratory animals, and two studies of railroad workers show that it causes cancer in humans as well. As a result of this determination, the National Institute for Occupational Safety and Health (NIOSH) has issued a special publication, CARCINOGENIC EFFECTS OF EXPOSURE TO DIESEL EXHAUST, offering this recommendation:

"As prudent public health policy, employers should assess the conditions under which workers may be exposed to diesel exhaust and reduce exposures to the lowest feasible limits." Citizens may reasonably ask: if NIOSH believes workers should not be exposed to diesel exhaust because of the cancer hazard, can health officials in other parts of government believe that the general public should continue to be exposed to diesel exhaust? Taken in this light, risk assessments that discuss only the traffic hazards associated with a facility are missing the major point: diesel trucks can evidently kill innocent people even if no traffic accidents occur."

Diesel engines use a less-refined (thus cheaper and more plentiful) fuel. When diesel fuel burns in an engine's combustion chamber, the resulting exhaust contains gases and particles (soot). The gases include nitric oxide, nitrogen dioxide, oxides of sulfur, and hydrocarbons (e.g., ethylene, formaldehyde, methane, benzene, phenol, 1,3 butadiene, acrolein, and polynuclear aromatic hydrocarbons [PAHs], several of which are known carcinogens). Of the particles in diesel exhaust, 95% are less than 1 micron in diameter and thus they are respirable, which is to say they are easily taken into the deepest portions of the human lung where they may lodge forever. The core of each particle is made up of pure carbon, but as many as 18,000 different chemicals from the gaseous portion of the exhaust may be adsorbed (attached) onto the carbon core, and thus diesel exhaust can carry a whole host of exotic, toxic and carcinogenic chemicals into the deepest portions of your lung-down in the region where the transfer of gas occurs to put oxygen into your blood stream and to take carbon dioxide out.

As recently as 1986, NIOSH concluded that diesel exhaust did not cause cancer in laboratory animals. However, in the period 1986-1988, five long-term animal studies, and two epidemiologic studies of humans, all concluded that exposure to diesel exhaust causes lung cancer. As a result, NIOSH reversed itself and in August, 1988, issued a special "current intelligence bulletin" to get the word out that diesel fumes are dangerous. NIOSH estimates that 1.35 million American workers are routinely exposed to diesel exhausts.

--------------------------

(1) CARCINOGENIC EFFECTS OF EXPOSURE TO DIESEL EXHAUST [CURRENT

INTELLIGENCE BULLETIN 50; DHHS (NIOSH) PUBLICATION NO. 88-116]. Cincinnati, OH: Division of Standards Development and Technology Transfer, NIOSH, Robert A. Taft Laboratories [4676 Columbia Parkway, Cincinnati, OH 45226], August, 1988; phone (513)

5338287. It's 30 pages and free.

July 18, 1997 Calif ARB Releases Report on Listing Diesel Exhaust as a Toxic Air Contaminant

After spending eight years evaluating the health effects of exposure to diesel exhaust, the California Air Resources Board (ARB) and California Office of Environmental Health Hazard Assessment (OEHHA) have released a report recommending the listing of diesel exhaust as a toxic air contaminant (TAC).

Under state law, the ARB is required to identify a substance as a TAC if the substance is "an air pollutant which may cause or contribute to an increase in mortality or an increase in serious illness, or which may pose a present or potential hazard to human health." Due to both its carcinogenic potential and its non- carcinogenic respiratory effects, diesel exhaust clearly qualifies as a TAC.

Not only does diesel exhaust have carcinogenic health effects, but it also has noncancer pulmonary effects. Diesel exhaust is a major contributor to particulate pollution, which U.S. EPA estimates causes the premature death of 35,000 people each year. The wealth of evidence behind the EPA's new standard for fine particulates demonstrates the serious health consequences for everyone, but especially for sensitive populations, such as children, the elderly, and those with heart and lung disease.

The ARB/OEHHA report may even underestimate risk. It does not take into account exposure to spikes in diesel exhaust, though we know that short-term exposures to high concentrations of particulate matter are dangerous. It also does not adequately address the increased risk to sensitive populations or combined effects of simultaneous exposure to diesel exhaust and other carcinogens.

The evidence is clear that diesel exhaust poses a hazard to human health.

We request you stop busses from parking downtown because of their hazards to human health.

POPULATION

The AMBAG population forecast numbers have changed and now have a disclaimer on use. Carmel's population has constantly declined as is reflected by this week's 2000 Census figures. State law requires the latest COG population figures be used in General Plans. Please update these numbers.

HOUSING

House costs are skyrocketing.

Cubic feet of buildings is increasing.

Carmel has no affordable 2 bedroom houses for rent or purchase.

State law requires the Housing Element be updated every 5 years. When was the housing element last updated?

ZONING

We find that insofar as O9-1 allows existing business zoning to remain exactly as it exists today it conflicts with Ordinance 96. Because of the growth of business uses causing parking and traffic and noise overflow into residential areas - the business zoning now directly conflicts with Ordinance 96.

DOWNZONING REQUIRED

We find there is no alternative other than to downzone the business district until there are no business uses causing parking and traffic and noise overflow into residential areas.

SUBDIVISIONS!

In the face of all these overused resources and emergencies even considering new subdivisions is outrageous.

"Generally, new subdivisions of land should be limited until existing subdivided lots have a secure water supply."

Why in the world would any new subdivision be allowed in Carmel? Even if we weren't facing two major emergencies with no relief in sight possibly for decades?

Please revise P9-7 to prohibit ANY and all new subdivisions of land in Carmel.

BIOTA

The following species are to be considered as special status species under CEQA.

Definition of Special Status Species

Plants and animals listed or proposed for listing as threatened or endangered under the federal ESA (50 CFR 17.12 [listed plants], 50 CFR 17.11 [listed animals], and various notices in the Federal Register [proposed species]};

Plants and animals that are candidates for possible future listing as threatened or endangered under the federal ESA (62 FR 182:49397-49411, Sept 19, 1997);

Plants and animals listed or proposed for listing by the state of California as threatened or endangered under the California ESA (14 CCR 670.5);

Plants listed under the California Native Plant Protection Act (California Fish & Game Code, Section 1900 et seq.);

Plants and animals that meet the definition of rare or endangered under CEQAA (State CEQA Guidelines, Section 15380), including those considered by CNPS to be rare, threatened, or endangered in California (Lists 1B and 2 in Skinner and Pavlik 1994);

Animal species of special concern to DFG (Remsen 1978 [bird]. Williams 1986 [mammals], and Jennings and Hayes 1994 [amphibians and reptiles]; and

Animals fully protected in California (California Fish & Game Code, Section 3511 [birds], 4700 [mammals], and 5050 [reptiles and amphibians]).

ALIEN SPECIES

We appriciate your recognition of this problem.

"In the Coastal fog belt of California, from Monterey County northward, Pampas type grasses and Scotch and French Broom are invading DISTURBED soils, grasslands, open woodlands and roadsides. They crowd out native plants and wildflowers, changing the appearance of the natural landscape, decreasing the food and habitats of wildlife and creating what many consider an yesore." (Invasive Exotic Plants in Monterey County, brochure by Monterey County Planning Dept #293-0274 4/98)

"Biological pollution" of exotic or non-native species can cause the loss of habitat for ESA listed plants and animals. "More than 1000 exotic plants have been introduced in [California] since 1769. Eucalyptus is one of about 50 plants that have escaped cultivation and now run roughshod over wild areas." Associated Press Sept. 26 1999

Bulldozing, including new road cuts and clearing old roads, leaves an excellent opportunity for introduction and enhancement of Pampas type grasses and Scotch and French Broom.

"In the Coastal fog belt of California, from Monterey County northward, Pampas type grasses and Scotch and French Broom are invading DISTURBED soils, grasslands, open woodlands and roadsides. They crowd out native plants and wildflower, changing the appearance of the natural landscape, decreasing the food and habitats of wildlife and creating what many consider an eyesore." (Invasive Exotic Plants in Monterey County, brochure by Monterey County Planning Dept. #293-0274 4/98)

California harmful exotics and non-natives include:

French Broom (Cytisus monspessulanus)

Pampas Grasses (Cortaderia jubata and Cortaderia sellowana)

Scotch Broom

"Broom forms dense thickets in many habitats, shading out native flora and tree seedlings and can limit access to recreational trails for hiking, fishing and horseback riding." (Invasive Exotic Plants in Monterey County, brochure by Monterey County Planning Dept. #293-0274 4/98)

Bullfrogs eat tadpoles of the federally listed California Red-Legged Frog (Rana aurora draytonii).

Bluegum Eucalyptus - which sheds bark and leaves, chokes out native plants reducing food for owls, deer and other animals. They spread so quickly they become fire hazards contributing to the Oakland Hills fire in 1991 which killed 16 people and destroyed 3000 homes.

We urge 1) recognition of these Alien Species in the General Plan and 2) substantial steps to eliminate them from Carmel.

FOREST

Our Monterey Pine canopy continues to decline with little replacement.

We need to restore that canopy or risk forever losing a vital aesthetic oif Carmel's character.

"The urban forest is an important contributor to community character and should be protected and maintained."

We urge adding the concept "restored" so it reads "The urban forest is an important contributor to community character and should be protected, maintained and restored."

We appreciate the recognition of needing one canopy tree per lot (FMP). But it needs enforcement.

Many wildlife species have been formally listed under the Federal and State Endangered Species acts since the General Plan was approved. None of the newly listed species or their habitat have been acknowledged. The General Plan is out of date because it does not recognize the potential impacts to those species, their many of acres of habitat and the protection they need and the conflict with domestic water supply.

Just a few of the species listed since the General Plan was adopted and which could inhabit Carmel or be affected by Carmel's human support infrastructure include: West Coast Steelhead Oncorhynchus mykiss, or O. mykiss) 1997, the California Red-Legged Frog (Rana aurora draytonii) 1996, the Snowy plover, Gowen Cypress, Yadon's Piperia, Smith's Blue Butterfly.

The California Red-Legged Frog and the West Coast Steelhead (Oncorhynchus mykiss) are both significantly harmed by overpumping of the Carmel River causing its dewatering. Both the US-Fish & Wildlife Service (FWS) and US-National Marine Fisheries Service have warned that dewatering the Carmel River is potentially a take - violating the U.S. Endangered Species Act.

Pinus Radiata (Monterey pine) was listed by the United Nations FAO in 1986 as an Endangered tree; after that the species and its habitat became threatened dramatically threatened by Pine Pitch Canker (Fusarium subglutanins). At the same time the Pebble Beach Company proposes to destroy hundreds of acres (more than a square mile) of the healthiest native Pinus Radiata forest remaining. The General Plan does not acknowledge this or provide any protection for the tree within its boundaries or its habitat.

The Bolsa Chica case has significantly increased Coastal Zone protection.

FOREST MANAGEMENT PLAN

The introduction is wonderful in illustrating the difference between an urban forest and an urbanized forest. "The Benefits of Trees" is very useful. We appreciate the acknowledgment that Carmel was blessed with trees before any were planted. One might additionally note that 200 years of cutting Monterey Pine forest for Mission purposes, including firewood probably significantly decreased the natural forest in the southern end of Carmel.

What is not clear is if the language of "Goals etc." represents an existing Forest or General Plan or is new for this effort.

"Radiata" is misspelled twice in page 1 of Appendix "G"

pg 9-57 Change "forst" to "forest"

Douglas Fir is mentioned Appendix F-2 but not in Appendix "G". We are not aware that Douglas Fir is a native tree, but would be willing to examine any evidence of it.

RESOURCE PROTECTION

Please remove the word "Riparian" from - "P9-153 Avoid removal or pruning of native riparian vegetation within identified ESHAs" as it could potentially allow destruction of critical habitat for listed species by not protecting ALL habitat within ESHAs.

MARINE PRODUCTIVITY ONLY - ADD "BIODIVERSITY"

Please add the term "biodiversity" so the phrase reads "... sustain the biological productivity and biodiversity of coastal waters..." in the following proposal -

"P9-174 Maintain, enhance, and were feasible, restore marine resources. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes (Section 30230, California Coastal Act)."

BTW "were" should be spelled "where" above.

RARE CYPRESSES

We support P9-114 concerning the use of Monterey Cypresses. We suspect it should read "Beach Master PLAN."

RARE ONIONS

Hickman's Onion maintained by Mowing?!

Hickman's Onion habitat is ESHA and should not be allowed to be destroyed by mowing.

"Monitor and protect the Hickman's onion population"

This is inadequate to insure protection for this rare species. There is no evidence to support this assertion. Please provide performance criteria including population sizes and deadlines.

LIGHT POLLUTION

Carmel does a good job of limiting light pollution by limiting streetlights, but it does not address light pollution from houses which shine into public spaces and open space.
 
 

SEAWALLS

"CA Section 30253. New development shall...neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs."

This essentially forbids seawalls.

Yet this proposal allows and encourages seawalls "Maintaining seawalls" -

"P9-106 Protect public access, Scenic Road, and the aesthetic character of the coast by maintaining existing seawalls and engineered revetments and by installing new protective structures when warranted. Mitigate the impacts of shoreline protective structures on visual quality and beach dynamics using landscaping, sand management. and prudent engineering."

There are good reasons to prohibit seawalls -

"Seawalls increase beach erosion by defelecting wave energy onto the sand in front of and beside them." - Living in the Environment, G. Tyler Miller, 1998 pg 195

Seawalls eliminate and obstruct natural bluff erosion and beach nourishment. Article, Mark Massara, Coastal Program Chair, in Sierra Club, Ventana Newsletter Dec 1999

Seawalls cause scouring and increase erosion in front of and up and down the coast. Id.

Seawalls encroach on public property. Id.

Bluff Retreat Ninety-five percent of California's coast is actively retreating, and over 150 miles of seawalls already exist. Id.

Oregon prohibits new seawalls for new construction.

What is the rate of bluff retreat for this area? At current rates and allowing for uncertainty, how far will the bluff edge move in 75 years?

Please prohibit any new or replacement seawalls and proceed to remove those existing.

COASTAL & BEACH ACCESS

"P9-84 Limit parking after sunset along Scenic Road and at the Del Mar parking lot to residents and guests with a parking pass/sticker."

This conflicts with Coastal Act Access policies. Please remove.

The Beach Management Plan conflicts with ESHA protection.

"Carmel Beach supports dune scrub; unvegetated dunes; a known occurrence of Tidestrom's lupine, a state- and federal-listed endangered species, black legless lizard, a state species of special concern and other potential habitat for other special-status species."

Please use "Exclosures" to protect the Tidestrom's lupine habitat (280 plants Ocean @ San Antonio), black legless lizard habitat (12 caught in 1984), and all beach habitat for other special-status species" as may be found.

These proposals conflict with protection of ESHA -

"P9-65 Periodically reestablish the sand dune at the foot of Ocean Avenue, to provide convenient beach access from the Del Mar parking area (Policy PA-1 of the Beach Master Plan)"; and

O9-32 "Maintain sand elevation"

Please quantify the amount of monthly and yearly sand bulldozing proposed. We find the amount of bulldozing we have observed is a potentially significant environmental impact.

We request not doing the massive bulldozing to move sand up slopes. Convienience to the beach may have to be reduced or sacrificed to until we no longer need to protect these endangered species.

P9-113 Continue to prevent vehicles, except for City maintenance vehicles, and motorized recreational equipment on Carmel Beach and sand dunes and other City owned parkland (Policy P6-15 of the Open Space Conservation and Scenic Highways Element of the General Plan).

All vehicles should be prevented from using the beach. Bulldozers particularly could be crushing the black legless lizard.

P9-68 Install a boardwalk from the Del Mar area to 8 th Avenue to link up with the existing Scenic Road walkway to improve safety and access to the beach and protect the dunes. (Policy PDM-4 of the Beach Master Plan).

A Boardwalk is the pedestrian equivalent of creating a road for cars.

"P9-90 Allow surfing, hiking, picnicking, horseback riding, and typical beach games, such as Frisbee and volleyball shall be permitted on the beach without restriction. Allow dogs on the beach when are permitted on a leash or under voice control. Require dogs on the Scenic Walkway must to be on a leash. However, if the dog policy combined with educational efforts does not promote a safe environment for beach users and dogs, a leash law for certain times should be considered (Policy PR-1 of the Beach Master Plan)."

This allows dogs to impact ESHA and needs to be revised to prevent dogs impacting ESHA.
 
 

BEACH FIRES

Beach fires are heavily discouraged. This is contrary to historic use of the beach by residents. Indeed Carmel's Bohemians created much of Carmel's reputation and culture at picnics around beach fires.

We urge encouraging and expanding small beach fires for public use.

PROCESS ================================

The following policy is inappropriate as it directs the creation of policies which are intended by law to be in this document itself -

"O9-49 Establish watershed protection policies to guide all new development and redevelopment proposals during the planning, project review, and permitting processes."

Please provide the policies here.

INCLUDE MAPS

Please provide clear, sharply defined maps of the locations of special status species.

ADD GP UPDATE DEADLINES

We recommend our General Plan is a updated every three years and every time a species is listed which uses Carmel habitat.

ADD ENFORCEMENT

Please provide for no-cost meaningful citizen enforcement. We urge providing that All CDP's shall be appealable to the California Coastal Commission.

NOTICE

There is no notice provision in this LUP for CDPs. We recommend a 60 day notice period as most organizations do not meet more often than once a month, and even then they may first meet 29 or 30 days after the notice is received.

A shorter notice period narrows the scope of public review of Coastal Development.

APPEALS

There is no Appeal provision in this LUP for CDPs. We recommend a 60 day appeal period as most organizations do not meet more often than once a month, and even then they may first meet 29 or 30 days after the decision is made.

A shorter appeal period narrows the scope of public review of Coastal Development.

CEQA EIR NEEDED

This project has the potential to authorize additional development in the face of electric supply and water emergencies and the potential to significantly reduce existing environmental protection by the Coastal Act process existing as of today. Included herein is substantial evidence of potentially significant environmental impacts that were not evaluated. We respectfully request you please prepare an Environmental Impact Report.

Please put us on the list of "Interested Parties" so we get all notices of this proposed project (if for no other reason than we ask under authority of CEQA Sections: 21092.(b)(3) and 21092.2)

We look forward to substantive, written response to the issues raised here within 30 days.

With all due Respect,

-David Dilworth, Acting Secretary and Trustee 831/624-6500

Copies Sent to:

California Coastal Commission

Monterey Regional Park District, Joseph Donofrio

RCMP, Responsible Consumers of the Monterey Peninsula

League of Women Voters, Monterey

Sierra Club, Ventana Chapter

California Native Plants Society

Carmel Residents Association

Amphibian Defense Fund

Steelhead Association