[Occupymendocino] Fwd: [OPC] Hare Creek Mall Mitigated Negative Declaration appeal

[Elaine and Ed]

Agnes,

The overwhelming sentiment of the people at the Planning Commission meeting was against the Mitigated Negative Declaration. However the Commissioners voted in favor of that. What that means is that no Environmental Impact Report (EIR) will need to be submitted by the developers. What costs not $900 dollars but $1000 is appealing to the Fort Bragg City Council. If for some reason the Fort Bragg City Council overturned the Planning Commission's denial of the permits for the Hare Creek project, the developers would be free to  go ahead with submitting an EIR unless we have submitted an appeal of the Commissioners approval of the Mitigated Negative Declaration. And we need to raise the $1000 to appeal that decision. Appealing to the Coastal Commission doesn't cost $1000.

> If you go to http://city.fortbragg.com/486/Active-Permit-Applications, you will see what the Fort Bragg Development Department has said about this process. What it says is:


"A public hearing before the Fort Bragg Planning Commission to consider adoption of a Mitigated Negative Declaration and approval of Coastal Development Permit, Design Review, Use Permit and Lot Line Adjustment was held on Wednesday, January 28, 2015 at the John Diederich Center, 208 Dana Street, Fort Bragg. 

	"On January 28, 2015, the Planning Commission adopted a resolution to adopt (approve) the Mitigated Negative Declaration for the proposed Hare Creek Center in a 3 (in favor) to 1 (opposed) vote. The Planning Commission did not adopt a resolution to approve the permits for the project in a 2 (opposed) to 2 (in favor) vote. Due to the tied vote, the resolution did not pass, and therefore the Planning Commission denied the development permits for the Hare Creek Center."

" Either or both of these decisions may be appealed to the City Council. Anyone may appeal the decision to approve the Mitigated Negative Declaration or the decision not to approve the development permits to City Council within ten calendar days of the decision by the Planning Commission. To appeal either or both decisions, a person must submit an appeal form with the appeal fee of $1,000 to the City Clerk by 5:00 PM Monday, February 9, 2015."  


  
On Jan 30, 2015, at 3:16 PM, agnes at mcn.org wrote:

> Ed, If the turnout to the City council meeting is anything like the public
> hearing at Dederick hall the City Council may say No. And in that case the
> Project Petitioners may appeal to the Coastal Commission, which will cost
> them $900.00. The overwhelming sentiment was against the Grocery Store
> outlet and their non-union shop and minimum wage jobs.
> 
> Agnes
> 
> 
>> Agnes,
>> 
>> You didn't read my email very carefully. What I said is true. There were
>> two decisions made. The first was to approve the Mitigated Negative
>> Declaration. That was approved. That means no Environmental Impact Report
>> will be necessary. What Sage and one other commissioner voted against was
>> the design of the project. Since the vote on this issue was 2-2 for and
>> against, the project design was disapproved If the developers appeal the
>> no decision on their design to the City Council and the City Council rules
>> in the developers' favor, they will not have to do an EIR. So we DO need
>> to appeal the Mitigated Negative Declaration NOW.
>> 
>> Ed
>> 
>> On Jan 30, 2015, at 2:55 PM, agnes at mcn.org wrote:
>> 
>>> What Ed is reporting is not true.
>>> A group of us spoke to Sage Stratham, a  Planning Commissioner, outside
>>> the meeting and he said the application was not approved, but the owners
>>> of the property could take it up with the F.B. City Council and if the
>>> City council denied the applicants they could appeal a no vote to the
>>> Coastal Commission. The first vote that night was on whether there
>>> should
>>> be an EIR study. Sage voted against the Project which swung the vote. It
>>> was 2 to 2 but since Stan of Downhome foods recused himself due to
>>> financial concerns to his business. His recusing himself could be viewed
>>> as a no vote. So no need to raise money. It's up to the Applicants to
>>> file
>>> an appeal and pay the fee.
>>> 
>>> Agnes
>>>> Jessie Lee VanSant
>>>> vjessielee at gmail.com
>>>> 707-964-5511
>>>> "The question is not whether we will be extremists, but what kind of
>>>> extremists we will be... The nation and the world are in dire need of
>>>> creative extremists.” MLK Jr.
>>>> 
>>>> Begin forwarded message:
>>>> 
>>>>> From: edward Oberweiser <edoberweiser at gmail.com>
>>>>> Subject: [OPC] Hare Creek Mall Mitigated Negative Declaration appeal
>>>>> Date: January 30, 2015 at 9:05:18 AM PST
>>>>> To: Ocean Protection Coalition <opc at lists.mcn.org>,
>>>>> "opcsteering at lists.mcn.org" <opcsteering at lists.mcn.org>, Geri Morisky
>>>>> <Geri.morisky at gmail.com>, Barbara Moller <mskrazykitty at yahoo.com>,
>>>>> hildendaisy at gmail.com
>>>>> 
>>>>> ***************
>>>>> ********
>>>>> ***
>>>>> Dear concerned folks,
>>>>> 
>>>>> The Fort Bragg Planning Commission at the Jan 28, 2015 meeting
>>>>> approved the Mitigated Negative Declaration classification for the
>>>>> planned Hare Creek Mall project. This means the developers will not
>>>>> have to file an Environmental Impact Report. We now have approximately
>>>>> 8 days to appeal this decision to the City Council. This appeal will
>>>>> cost us $1000.
>>>>> 
>>>>> We are trying to raise the $1000.  If you want to see an EIR filed
>>>>> Please send your check of between $10-$25 for the Hare Creek EIR
>>>>> Appeal Fee ($1,000)
>>>>> 
>>>>> Make checks payable to:
>>>>> 
>>>>> "City of Fort Bragg"
>>>>> 
>>>>> Mail the check, with return address to:
>>>>> 
>>>>> CACLU  (Citizens for Appropriate Coastal Land Use)
>>>>> P.O. Box 2150
>>>>> Fort Bragg, CA  95437
>>>>> 
>>>>> All donation checks received after the $1000 application fee goal has
>>>>> been reached, will be returned to sender.
>>>>> 
>>>>> We have a Facebook set up at:
>>>>> https://www.facebook.com/citizensforappropriatecoastallanduse
>>>>> 
>>>>> 
>>>>> Snooze, you lose.  Please do it Today or Tomorrow!
>>>>> 
>>>>> Ed Oberweiser
>>>>> 
>>>>> ...........................
>>>>> 
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