The MENDOCINO COUNTRY Independent
Web posted January 22, 2009



CFAR Announces Lawsuit Settlement
While he failed to stop DDRs' demolition of the old Masonite plant, CFAR's Antonio Andrade characterized the settlement terms as
 "an important victory for local control of our community’s development."

  boiler.jpg  As a result of a lawsuit filed by Santa Rosa attorney Rachel Howlett on behalf of Citizens for Adequate Review (CFAR), CFAR, Mendocino County, and Diversified Developers Realty (DDR) have reached an agreement which requires environmental review prior to DDR proceeding further with their proposed Mendocino Crossings Development on the old Masonite site north of Ukiah.
    Under the terms of the settlement agreement between the parties, the existing slabs, buried footings, underground utilities and other improvements at the site of the demolished Masonite facility will remain in place and be included in the scope of environmental review for the proposed Mendocino Crossings Project.
    This agreement confirms that, prior to work beginning, all development proposals must be reviewed, that sites be safe and clear of toxics prior to any permitted use, and that County approval must be obtained.
    The issue emerged In July of 2007 when the County issued DDR a permit to demolish the Masonite facility. CFAR asserted the demolition was the first stage in the development of the site for commercial purposes, stating this was a piecemeal approach to development, and a violation of California environmental law. Validating DDR’s investment in the demolition by issuing the permit was setting a precedent to keep moving forward with the project.
     The County issued the permit with full knowledge that commercial development in this area was controversial, including opposition by the City of Ukiah.
     Demolition was step one of a multi-staged project that the County should have known required review under California Environmental Quality Act (CEQA.)
    The County Planning and Building Department ignored the magnitude of the structures on site, the air quality impacts from demolishing these improvements, the proximity of the demolition to a school, and also did not send the application to demolish the historic structures to all relevant County departments and agencies for review and comment.
    Without benefit of a clear and comprehensive review of its potential deleterious impact to the environment, and the community, the County abdicated their responsibility to protect the environment.
    There was no recognition by the County that by issuing the permit they were effectively eliminating existing manufacturing capacity for future use, and opening the door for DDR to move ahead with a project in an area not zoned for retail commercial use.


Masonite Boiler Tower being dismantled.
Environmentalists predicted a toxic "Love Canal." rj photo, February 2008.