COMMUNITY URGED TO ATTEND THE HEARING ON WEDNESDAY, NOVEMBER 9TH AT 9 AM AT THE MONTEREY COUNTY GOVERNMENTCENTER IN SALINAS

COUNTY OF MONTEREY ATTEMPTS TO CLOSE SMALL LONGTERM LOCAL FAMILY BUSINESSES IN MOSS LANDING THROUGH UNREASONABLE INTERPRETATION OF MONTEREY COUNTY CODE THAT COULD IMPACT ALL PROPERTY OWNERS IN COASTAL ZONE

October 27,2011, Moss Landing, CA. -The community is urged to attend the MontereyCounty Planning Commission hearing at the Monterey County Government Center, Board of Supervisors Chambers, 168 West Alisal in Salinas, on Wednesday, November 9th at 9:00 AM to protest a ruling that involves an unreasonable interpretation ofMonterey County code that could impact all property owners in the Coastal Zone. Four local long-term auto dismantling small family businesses at Dolan Industrial Park in Moss Landing are now battling for their survival due to an unreasonable interpretation of land use code by Monterey County officials. Thousands of people have already signed petitions to help save these North Monterey County businesses that provide important auto dismantling and parts services, a local industry that has existed at the Moss Landing site since the 1970’s.

Monterey County is trying to force four green local businesses, Jim Pettit Auto Wreckers, All Import & American Auto Wreckers, Richness Auto Wreckers and Lopez Auto Dismantlers to close after nearly forty years. Also involved is the Loan Exchange Group LP which owns Parcel D in the Dolan Industrial Park, 516 Dolan Road, Moss Landing, the site of these four companies.

These business closures would negatively impact our already troubled local economy by causing unavoidable bankruptcies to the business owners and possibly up to a thousand employees who would lose their jobs and ultimately their homes in foreclosure. The closures would also negatively affect all of the companies that utilize their services to locate special car parts for car repairs or use the Moss Landing companies to help them properly dispose of old rusting vehicles that drip oil or other fluids that might run into our gutters.

The four auto dismantling businesses are strictly regulated by Federal, State of California and local Monterey County agencies, and have no public health, safety or welfare violations. However, claiming that these companies now need a Coastal Development Permit and a General Development Plan, Monterey County is requiring multi-million dollar improvements even though nothing in the business operations has changed.

Currently, Monterey County code does not require Coastal Development Permit or General Development Plan unless there is proposed or occurring development. In a recent ruling,Monterey County acknowledged that there was NO change in use by the businesses. Nancy Rasmussen, the Administrative Law Judge hired by Monterey County, had to “stretch” her ruling to find that the operators were “developing” the property.

In the recent hearing she ultimately determined that moving cars on and off property in the Coastal Zone constitutes “development” for which a Coastal Development Permit and General Development Plan are required. However, if this decision is allowed to stand,  this unfair and illogical ruling would affect every homeowner and business property owner located in the Coastal Zone, from Big Sur to Pebble Beach, Monterey, Marina and on up to Moss Landing. All homeowners or business owners in the Coastal Zone who move a car on and off their property would have to stop all use of their property and obtain Coastal and General Development permits. These permits can cost hundreds of thousands and even over a million dollars. The County claims that the permit process allows them to impose any conditions it wants for their issuance, including requiring improvements costing over $1.5 million.  After finding that the business owners moved cars on and off the property and did not have Coastal and General Development Permits, the hearing officer found that this violation constituted a nuisance.  The “nuisance” finding was based not on any health or safety issue on the property but solely on the alleged failure to have these permits.

According to one of the four business owners, Jim Pettit of Jim Pettit Auto Wreckers and a former City of Marina police officer, “I  moved my business to this site in 1989 and have fulfilled the requirements of all permits that were issued to my business to this day. I have been issued a permit to operate by Monterey County every year. If the County enforces its order, it will cause the loss of my business and we will have to lay off our employees, remove buildings, remove parts and cars and spend thousands of dollars while at the same time causing the loss of our families’ and our employees’ sole livelihoods. There is no other property in Monterey County to which I could move my business nor can I even afford to move at this time. This property is zoned for auto dismantling and the North County Plan specifically states that the historical use for auto dismantling should be allowed to continue on this property. We believe that the County’s attempt to shut down our businesses without showing any public necessity is simply a violation of our Constitutional rights!”

According to Roger McCurdy, Manager of Loan Exchange Group LP, “This code violation ruling makes no sense and will cause irreparable harm to many long-term Monterey Countyfamily businesses, their employees and local customers. In this challenging economic climate, it makes no sense to force the closure of companies that have been in business collectively over fifty years.”

Salinas-based Attorney Michelle Noble McCain is representing the four companies and Loan Exchange Group and has a Vested Rights hearing before the Planning Commission on November 9th and a Trial de Novo set for December 5th.

The four auto dismantlers also provided necessary help in the Federal program to dispose of over 1000 "Cash For Clunker's" cars in 2010 under the Obama Administration.

The public is urged to call Jim Pettit at (831) 633-2588 or stop by one of the four businesses to sign the petition (which already has several thousand signatures) or sign the petition at the Law Office of Michelle Noble McCain, 106 Central Avenue, Salinas. They are urged to come to the Monterey County Planning Commission’s hearing at the County Government Center, 168 West Alisal, in Salinas on Wednesday, November 9th at 9:00 AM to support the businesses. To schedule an interview with any of the four business owners, please contact Wendy Brickman at (831) 633-4444 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .