Fairview Corners Fiasco

Or How to Write an EIR that Winds Up in Court

Robert Gilchrist Huenemann

September 12, 2008

The proposed Fairview Corners development consists of two parts – the Hollister campus of Gavilan College and a residential subdivision. The elevation variation across the property is approximately 80 feet. The draft EIR shows this variation being leveled to within a few feet. This will require an obscene amount of earth to be moved, with huge amounts of noise and dust being generated and huge amounts of diesel fuel being consumed. The draft EIR is available on the Gavilan College web site.

It may be necessary to level the college campus to meet the requirements of the Americans with Disabilities Act (ADA). Of course this raises the question of why the college does not simply locate on a more level parcel to begin with. But the draft EIR shows the residential portion of the project being leveled to the same degree. This simply is not necessary. Some degree of leveling may be needed, but nothing like the college campus. ADA requires public sidewalks to have a maximum slope of 1 in 20. It does not require a subdivision to resemble a pool table.

Why is this important? Because of the elevation of surrounding terrain, the draft EIR shows steep 25 foot embankments along Airline Highway and Fairview Road. The embankments are appropriate in those locations. But the EIR also shows such embankments along the north and east boundaries of the property, immediately adjacent to existing developed properties. There are no roads on these boundaries. There is only one word for embankments in those locations – UGLY. They will divert seasonal water flows. And they are not necessary. The developer could save a considerable amount of money and build a more attractive subdivision by relaxing the grading requirement, especially along the north and east boundaries.

The surrounding properties consist of five acre parcels which are used for a rich variety of agriculture and animal husbandry. Of the 18 parcels on Harbern Way, 14 are currently used for agriculture and all 18 have been used for agriculture at some time in the past. Livestock ranges from sheep and goats to horses, cattle and llamas. Commercial crops include apricots, cactus and herbs. Livestock uses include the keeping of horses for personal pleasure riding, raising of cattle for household meat consumption, commercial horse shoeing, boarding, breeding and training and raising of sheep and goats for sale. One property that is immediately adjacent to the proposed subdivision is the site of a certified organic herb farm. The owners are faced with the loss of their organic certification if the subdivision is approved.

In spite of these facts, the EIR makes the outrageously erroneous claim that the adjacent parcels will not be impacted by this quarter acre development! There is a long history of urban – rural conflict. Invariably, urban owners discover that they don’t like being next to agriculture, and they make it difficult or impossible for such use to continue, thereby making the larger parcels worthless. They always win, because they always have the agricultural owners out voted. Do an internet search on “urban rural conflict” and you will find hundreds of references on this subject, covering many decades and extending around the world.

The EIR exacerbates this issue by proposing an “open space” on the boundary of the project, thereby inflicting their noise, litter, vandalism and trespass on us. If they want an open space, put it away from the boundary where we don’t have to deal with their nuisances.

San Benito County claims to be committed to protecting agriculture. Seems to me like they are only committed to protecting big agribusiness. If this can happen to us, it can happen to you. Something to think about when your San Benito County Supervisor runs for election. Especially if you own five acres.

The EIR was prepared by David J. Powers & Associates, Inc. Either this firm used their rookie team for the EIR, or they are grossly incompetent.

Here is a photo of the north end of the eastern boundary as it appeared on December 15, 2006. Additional photos will be posted as this monstrosity evolves.

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