75A - PH - EIR 1584 E SANTA CLARA AVE

Home Browse Search

August 21, 2013 VIA EMAIL AND U.S. MAIL Mr. Vincent C. Fregoso, AICP, Principal Planner City of Santa Ana Planning and Building Agency P.O. Box 1988 M -20 Santa Ana, CA 92702 Email: vfregoso @santa- ana.org Re: Sexlinger Orchard Project Dear Mr. Fregoso: Sheppard Mullin Richter & Hampton LLP 650 Town Center Drive, 4th Floor Costa Mesa, CA 92626 -1993 714.513.5100 main 714.513.5130 main Fax www. s h e p pa rd m u l l) n. co m 714.424.2821 direct . drosenthal@sheppardmullin.com File Number: 0010- 174415 In prior correspondence with the City Planning Commission, the Old Orchard Conservancy objected to the failure of the Environmental Impact Report (EIR) for the Sexlinger Project to consider any preservation alternatives. Since submitting comments, the Conservancy has identified two potential alternatives that would preserve the historic Farmhouse in situ, as well as a substantial portion of the Orchard. Both of these alternatives allow for economically feasible residential development of the property, although at a reduced number of units from that proposed by the landowner. The alternatives also call for single -story homes, which are more compatible with the character of the Orchard and address some of the concerns expressed by the Planning Commission, The Conservancy would also like to bring to your attention the recent decision in Masonite Corporation v. County of Mendocino, 2013 DJDAR 9784. Copy attached. This case holds that a requirement to dedicate an agricultural conservation easement is a legally feasible mitigation for impacts to prime farmland under CEQA. P. 9780. The decision also notes that acquisition of agricultural conservation easements "over acreage equal to the agricultural acreage lost due to a project is 'standard for California communities. "' P. 9791. Finally, the Court of Appeal reaffirms that "the preservation of agricultural land is an important public policy" that CEQA is intended to effectuate. P. 9791. Section 815 of the Civic Code recognizes that "the preservation of land in its natural, scenic, agricultural, historical, forested, or open -space condition is among the most important environmental assets of California." P. 9791, The Sexlinger EIR determined that no mitigation was required for impacts to agricultural resources because the Orchard is located in an urbanized area. However, in areas where lands have not been surveyed, CEQA Section 21060.1(a) defines "agricultural land" as land meeting the requirements of "prime agricultural land" under Section 51201 of the Government Code. 75A -61