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File #: 18-1407    Version: 1
Type: Agenda Item Status: Approved
File created: 9/6/2018 In control: Board of Supervisors
On agenda: 9/18/2018 Final action: 9/18/2018
Title: Community Development Services, Planning and Building Department, recommending the Board adopt and authorize the Chair to sign Resolution 197-2018, which decertifies specific limited components of the Final Program Environmental Impact Report (FEIR) for the Targeted General Plan Amendment and Zoning Ordinance Update (TGPA/ZOU) as follows: only as to (a) 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; and, (b) the Executive Summary Section ES.5 (Potential Areas of Controversy/Issues to be Resolved). The court affirmed the sufficiency of the TGPA/ZOU planning and regulatory documents. FUNDING: N/A
Attachments: 1. A - CRS - Reso, 2. B - Reso_Decertify parts of TGPA-ZOU EIR, 3. Executed Resolution 197-2018
Related files: 11-0356, 18-1852
Title
Community Development Services, Planning and Building Department, recommending the Board adopt and authorize the Chair to sign Resolution 197-2018, which decertifies specific limited components of the Final Program Environmental Impact Report (FEIR) for the Targeted General Plan Amendment and Zoning Ordinance Update (TGPA/ZOU) as follows: only as to (a) 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; and, (b) the Executive Summary Section ES.5 (Potential Areas of Controversy/Issues to be Resolved). The court affirmed the sufficiency of the TGPA/ZOU planning and regulatory documents.

FUNDING: N/A
Body
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 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.

On May 16, 2018, the El Dorado County Superior Court issued its final Ruling Following Oral Argument and adopted its tentative ruling as the final ruling with minor modifications and corrections and a few additional comments/rulings on some of the oral arguments made at the hearing. ...

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