County Planning Directory Art Henriques said:
”
I think we’re all interested in making sure that the procedures
are done the way the board is most comfortable with them being
done.
”
County Planning Directory Art Henriques said: “I think we’re all interested in making sure that the procedures are done the way the board is most comfortable with them being done.”
He was referring to the procedures for making sure that the California Environmental Quality Act guidelines are followed before approving the zoning change necessary to allow the hotel to be built.
Apparently the board should have certified the “mitigated negative declaration” (a finding that there are negative environmental impacts but that they will be mitigated, or lessened, by the project) before approving the zoning change.
I admit this is only my interpretation. In all the back and forth, I’ve lost track of exactly where the process is.
But the comment by Henriques bothered me because it implies that the way procedures are followed has to do with the comfort level of the board of supervisors.
I’m not meaning to be picky, but especially in a situation like this, where there are fervent feelings on both sides, it’s important that procedures are followed according to the law, not as close to the law as the supervisors or any other group are okay with.
While the law and its interpretation can be cumbersome, it is what protects us from being governed by a bunch of cronies making decisions in a back room somewhere. Too often, procedures seem to become bureaucracy and we forget that they are there for a good reason. And of course, there are times when the procedures have become bloated beyond all usefulness, and need to be revised.
Even so, the use of a formal process based on law is one of the things that distinguishes this country from others, and is the foundation underlying the American Dream.
When the law is applied unequally, or subject to influence or persuasion, it undermines the rights of all of us.
In this particular case, it appears that county counsel could have been more alert in making sure the “mitigated negative declaration” was certified before the zoning change was approved. The county counsel is the one that needs to be comfortable, not the supervisors. And his comfort needs to come from a careful reading of the law and a conversation with his conscience, not convenience.
The saga of the Spur Hotel is frustrating to read about because I think the hotel is a good idea and would enhance San Benito County’s ability to attract tourism and the spending that goes with it. I know some residents of Tres Pinos are strongly against it, but in my opinion the benefits outweigh the costs.
In the meantime, we slog through the planning and approval process, and I do believe that those involved are doing their best. I just want us to be clear that the way we move forward is not a matter of preference, but of law.
