CEQA Challenge

Press Release Rancho Cañada Superior Court Decision

judge-rejects-carmel-valley-rancho-canada-village-project

MPCPA_STR Ordinance Letter-Annotated-02Jul2018

Start over, judge tells Monterey County in Rancho Cañada Village lawsuit. | News | 

CEQA REQUIRES ATERNATIVES ANALYSIS Decision Rancho Canada

 

Under CEQA, an EIR is required if substantial evidence supports a fair argument that a project may have a significant impact, even if other substantial evidence indicates that the impact will not be significant.

There are no apparent categorical exemptions.

ENVIRONMENTAL REVIEW REQUIRED: CEQA

 

  1. Although not directly the concern of the Coastal Commission, the Board of Supervisors and other agencies (including the Coastal Commission) may properly take in to account evidence of racial discrimination, discrimination against the handicapped, safety and security concerns, noise problems, enforceability issues, neighborhood character, local Land Use Plans, and the elements of all Environmental Impact Statements including: Aesthetics, Agricultural resources, Air quality, Biological resources, Cultural Resources, Geology and Soils, Greenhouse gases, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public services, Recreation, Transportation and traffic, Utilities and Service Systems.

 

  1. There is a clear environmental and social impact from the promotion of one form of commercial visitor housing over another. In one, some Silicon Valley Corporation makes decisions based on the best interest of its shareholders, and does not contribute or participate in the community, versus the other where local government makes the decisions where visitor housing should go based on all the factors that need to be considered. To usurp this local authority in favor of an uncontrollable hotel-equivalent model that serves the interests of its shareholders is beyond the scope of the Coastal Commissions authority.

 

  1. The CEQA analysis required here is among the most extensive in the history of Monterey County because it impacts almost every area required in a CEQA analysis extensively. Most of The areas for CEQA Environmental impact analysis are listed below, and 15 of the 17 have a negative impact that are likely not able to be mitigated:

3.1            Aesthetics – likely negative impact

3.2            Agricultural resources – likely not impacted

3.3            Air quality – clearly negative impact

3.4            Biological resources – likely negative impact

3.5            Cultural Resources – clearly negative impact

3.6            Geology and Soils – likely negative impact (septic systems)

3.7            Greenhouse gases – clearly negative impact

3.8            Hazards and Hazardous Materials – clearly negative impact

3.9            Hydrology and Water Quality – clearly negative impact

3.10          Land Use and Planning – clearly negative impact

3.11          Mineral Resources – likely not impacted

3.12          Noise – clearly negative impact

3.13          Population and Housing – clearly negative impact

3.14          Public services – clearly negative impact

3.15          Recreation – clearly negative impact

3.16         Transportation and traffic – clearly negative impact

3.17         Utilities and Service Systems – clearly negative impact