CORRECTION – At Last ….. the truth comes out on the DWP EIR Report!

May 6, 2012 by  
Filed under Editorial, Local News

(In an earlier article …..WUSB incorrectly identified Mr. Goldberg as a Plannning Commissioner. He is not a city employee….but he was appointed to the Planning Commission by Councilman Gordon Shanks. But in our opinion he is an extraordinary public citizen.)

On May 2, 2012, at the Planning Commission meeting a report was given by Robert Goldberg .…THAT FULLY EXPLAINED… how the “70%/30%” open space vs developed space has been confused and misguided for many years.  How much by design and how much by ignorance cannot be judged at this time but it was refreshing to hear someone appointed by the city stand up and tell it like it was.

Robert Goldberg’s Slide #1 was entitled  CONCERNS:  A- The EIR GREATLY underestimates the potential loss of open space. B- “My (Goldberg’s) estimate is the open space loss is approximately 1.5 acres not the 0.2 shown in the EIR . C- EIR does not accurately inform the publlic regarding a critical issue – loss of open space!” (WSUB Emphasis)

Part of same slide HOW DID THIS HAPPEN?   A- EIR incorrectly concludes that the legal description of the Specific Plan area does not support the use of 70/30.  B- EIR staff were provided with an incomplete Specific Plan map.   C-EIR incorrectly  uses Central Way as the ‘line in the sand” ….rathr than the 70/30 split it should have been

Next slide: Legal Description: Nothing to do with 70/30 land split.  It just describes the boundary of all property in the Specific Plan. It goes on to say that the “Legal Description” has no language regarding the 70/30 split (70% open space) or “where to draw the line.”   Further it does not describe the sub-area subject to Land Use Development Standards.  This sub-area is defined by the Land Use Development Map which is included as “Exhibit A”

The next slide shows the Land Use Development Map which clearly shows that all development is to on the ‘northerly’  part of the land.  That would be on the side of Central Street closest to Pacific Coast Highway…and that no development should be done on any portion of what would be the extension of Central.  The legal boundary map….on the same slide shows that part of the legal boundary is actually in the riverbed!

Next Goldberg asks the question …”SO WHICH MAP DO  WE USE FOR 70/30?”     Section A: Introduction  3-location describes the entire boundary of the Specific Plan   Section B   1-Loation ” the general location of all principle land uses is shown in Exhibit A”   3- Visitor Serving “northerly 30%” and 4-Open Space….the southerly 70%

Goldberg goes on to say “So what does all this mean?   It means that the llegal description includes 1.3 acres of river, levee rocks, and riverfront land that was intentionally not included in the LAND USE DEVELOPMENT PLAN!   Since the river/riverfront area was excluded by the the Land Use Development map this area is not covered by the 70/30 provisions of the Plan and was never intended to contribute to the 70% open space requirement.

A- Open Space provided by Specific Plan  totals 7.9 acres:  River/Riverfront area is 1.3 acres.  Development area is 6.6 acres (70% x 9.46 ac) B-Open Space provided by the Proposaltotals 6.4 acres:   River/riverfront area 1.2 acres; Development area: 5.2 acres.

That difference is 1.5 acres….not 0.2 acres as stated in the EIR

There are additional maps in Mr. Goldbergs presentation which you can find on line, HOWEVER, Mr Goldberg finishes with the following:


A- Its unclear.

B- the 1996 revisions (Resolution 4444) to the Specific Plan did not change the map.

C- A “user-friendly” version of the Specific Plan was created the next day by the City Staff


A-Use of the southern border of Central Way as the “line in the sand” by the EIR is clearly not the intent of the Specific Plan (…even if it might be what the  Bay City Partners would like. WSUB emphasis)

B-The EIR use of Central Way inappropriately underestimates potential loss of open space

Much of this report is technological jargon which gets confusing when one doesn’t have the maps in front of them.  Robert Goldberg’s report was excellent and we apologize for not being able to copy it in its entirety here. We encourage you to contact him by email for more information.

For more info and copies of the slides go to <>

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