Title
Community Development Services, Planning and Building Department recommending the Board take the following final actions:
1) Certify the California Environmental Quality Act (CEQA) Addendum to the El Dorado County Targeted General Plan Amendment/Zoning Ordinance Update (TGPA/ZOU) Final Program Environmental Impact Report (EIR) that (a) revises responses to comments O-1-54 to O-1-58, O-1-62, O-1-70, I-37-14, I-37-16, I-37-23, and I-37-24; and, (b) revises the Executive Summary Section ES.5 (Potential Areas of Controversy/ Issues to be Resolved) to fairly present the disagreement between the County and the California State Board of Forestry and Fire Protection (Exhibit A); and
2) Adopt and authorize the Chair to sign Resolution 244-2018, which certifies the CEQA Addendum to the Final Program EIR (FEIR) for the Targeted General Plan Amendment and Zoning Ordinance Update (Exhibit B). (Est. Time: 30 Min.)
FUNDING: N/A
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DISCUSSION / BACKGROUND
On December 15, 2015, the Board of Supervisors adopted Resolution 195-2015, certifying the Final Program EIR for the TGPA/ZOU.
On April 25, 2018, the El Dorado County Superior Court held a hearing in Department 9 on the case entitled Rural Communities United v. El Dorado County Board of Supervisors (Case No. PC-20160024). The Honorable Judge Stracener made a tentative ruling in which the Court ordered partial decertification of the Final Program EIR for the TGPA/ZOU only to the responses to comments O-1-54 to O-1-58, O-1-62, O-1-70, I-37-14, I-37-16, I-37-23, and I-37-24 (in the FEIR Chapter 9, Responses to Comments), and the portion of the FEIR [Executive Summary Section ES.5 (Potential Areas of Controversy/Issues to be Resolved)] related to the disagreement between the California State Board of Forestry and Fire Protection and the County concerning the project and the requirements to comply with Government Code, Sections 65302(G)(1) and 65302(G)(3)(C); and otherwise rejected all of Petitioner’s claims.
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