EXECUTED RESOLUTION 09-356"+��25
Before the Board of Supervisors in and for the
County of Monterey, State of California
Resolution No: 09-356
Rescinding Resolution No. 06-363, hereby
vacating certification of the final revised EIR and
voiding the approval of permits and entitlements
for the September Ranch Project in compliance
with the Peremptory Writ of Mandate.
The Board of Supervisors adopts this Resolution with reference to the following facts and
circumstances:
A. On December 12, 2006, the Board of Supervisors adopted Resolution No. 06-363
to certify a Revised Environmental Impact Report EIR) on the September Ranch project, adopt
a passing score, approve the Combined Development Permit for the September Ranch Project
consisting of the 73/22 Alternative identified in the Revised EIR the project"), and adopt the
associated Mitigation Monitoring and Reporting Plan.
B. On January 12, 2007, Sierra Club, Save Our Carmel River, and Patricia Bernardi
filed a petition for writ of mandate in Superior Court challenging the Board's actions as
contained in Resolution No. 06-363. Case No. M82632.) On January 16, 2007, Helping Our
Peninsula's Environment filed a petition for writ of mandate in Superior Court also challenging
these actions. Case No. M82643.) These cases were consolidated for purposes of case
management, briefing, and hearing with the prior cases of Save Our Peninsula Committee v.
County of Monterey Case No. M42412) and Sierra Club v. County of Monterey Case No.
M42485) in regard to the second return to the Peremptory Writ of Mandate filed by the County
in that prior litigation.
C. On April 30, 2008, the Superior Court issued its Intended Decision, and on June
23, 2008, the Court issued its Statement of Decision in these cases. Judgment Granting
Peremptory Writ of Mandate was entered on September 16, 2008 in Case No. M82632 and on
September 30, 2008 in Case No. M82643. The Judgments were entered in favor of the
petitioners and against respondents Board of Supervisors of the County of Monterey and Real
Parties in Interest James Morgens and September Ranch Partners. The Judgments directed the
issuance of a peremptory writ of mandate.
D. A Peremptory Writ of Mandate, signed by the Honorable Susan Dauphine on
December 23, 2008 and signed by the Court Clerk on January 23, 2009, was issued commanding
the County of Monterey and its Board of Supervisors to do the following:
1. Void the determination, finding and decision adopting Resolution No. 06-363,
including the approval of any permits or entitlements for the project described in
Resolution No. 06-363;
BIB]
40019-U01
EXECUTED-U02
RESOLUTION-U02
09-356-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75371-U03
AI81782-U03
DO82301-U03
C13-U03
RESOLUTIONS-U03
7/24/2009-U04
MUNOZP-U04
13703-U05
5-U06
ADOPT-U07
RESOLUTION-U07
RESCINDING-U07
RESOLUTION-U07
NO.-U07
06-363,-U07
THEREBY-U07
VACATING-U07
CERTIFICATION-U07
OF-U07
FINAL-U07
REVISED-U07
EIR-U07
MONTEREY-U08
COUNTY-U08
HANCOCK-U09
DENISE-U09
HANCOCKD-U10
7/8/2009-U011
VOIDING-U012
APPROVAL-U012
OF-U012
PERMITS-U012
ENTITLEMENTS-U012
SEPTEMBER-U012
RANCH-U012
PROJECT,-U012
IN-U012
COMPLIANCE-U012
PEREMPTORY-U012
WRIT-U012
OF-U012
MANDATE-U012
ISSUED-U012
BY-U012
SUPERIOR-U012
COURT.-U012
EXECUTED RESOLUTION 09-356"+��25
2. Vacate the certification of the final revised EIR prepared for the project; and
3. Comply with the terms of the statement of decision by not taking further action to
approve the project without the preparation, circulation, and consideration under
CEQA of a legally adequate document adopted in compliance with CEQA which
properly analyzes water demand, water cap, and cumulative impacts as to water
demand. The Writ states that the revised EIR certified by the County contains a
legally sufficient discussion on all other issues.
E. The Board desires to comply fully with the Peremptory Writ of Mandate issued
by the Court.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors as follows:
1. Resolution No. 06-363, including the approval of any permits or entitlements for
the September Ranch project described in Resolution No. 06-363, is hereby rescinded.
2. The certification of the final revised EIR prepared for the project is hereby
vacated.
3. The County shall comply with the Statement of Decision by not taking further
action to approve the project without the preparation, circulation, and consideration under CEQA
of a legally adequate document adopted in compliance with CEQA which properly analyzes
water demand, water cap, and cumulative impacts as to water demand.
4. County Counsel is authorized and directed to file with the Superior Court a return
to the Peremptory Writ of Mandate with a copy of this Resolution attached thereto and take any
action necessary to fully and promptly comply with the Writ.
PASSED AND ADOPTED on this 21s' day of July, 2009, upon motion of Supervisor Parker,
seconded by Supervisor Salinas, by the following vote, to-wit:
AYES: Supervisors Armenta, Salinas, Calcagno, Parker
NOES: None
ABSENT: Supervisor Potter
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in
the minutes thereof of Minute Book 75 for the meeting on July 21, 2009.
Dated: July 22, 2009 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By Deputy
BIB]
40019-U01
EXECUTED-U02
RESOLUTION-U02
09-356-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75371-U03
AI81782-U03
DO82301-U03
C13-U03
RESOLUTIONS-U03
7/24/2009-U04
MUNOZP-U04
13703-U05
5-U06
ADOPT-U07
RESOLUTION-U07
RESCINDING-U07
RESOLUTION-U07
NO.-U07
06-363,-U07
THEREBY-U07
VACATING-U07
CERTIFICATION-U07
OF-U07
FINAL-U07
REVISED-U07
EIR-U07
MONTEREY-U08
COUNTY-U08
HANCOCK-U09
DENISE-U09
HANCOCKD-U10
7/8/2009-U011
VOIDING-U012
APPROVAL-U012
OF-U012
PERMITS-U012
ENTITLEMENTS-U012
SEPTEMBER-U012
RANCH-U012
PROJECT,-U012
IN-U012
COMPLIANCE-U012
PEREMPTORY-U012
WRIT-U012
OF-U012
MANDATE-U012
ISSUED-U012
BY-U012
SUPERIOR-U012
COURT.-U012
SIGNED BOARD REPORTX��", �MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: July 21, 2009
AGENDA NO: consent 25
SUBJECT: Adopt a resolution rescinding Resolution No. 06-363, thereby vacating the
certification of the final revised EIR and voiding the approval of permits and entitlements for the
September Ranch project, in compliance with the Peremptory Writ of Mandate issued by the
Superior Court.
DEPARTMENT: County Counsel
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution rescinding Resolution No.
06-363, thereby vacating the certification of the final revised EIR and voiding the approval of
permits and entitlements for the September Ranch project, in compliance with the Peremptory
Writ of Mandate issued by the Superior Court.
SUMMARY:
Adoption of the attached resolution vacates the Board's December 12, 2006 certification of the
Revised EIR for the September Ranch project and voids the approval of the permits and
entitlements for the September Ranch project, in compliance with the Peremptory Writ of
Mandate issued by the Superior Court in Sierra Club et al v. County of Monterey Superior Court
Case No. M82632) and Helping Our Peninsula's Environment v. Board of Supervisors Superior
Court Case No. M82643).
DISCUSSION:
On December 12, 2006, the Board of Supervisors adopted Resolution No. 06-363 to certify a
Revised Environmental Impact Report EIR) on the September Ranch project, adopt a passing
score, approve the Combined Development Permit for the September Ranch Project consisting of
the 73/22 Alternative identified in the Revised EIR the project"), and adopt the associated
Mitigation Monitoring and Reporting Plan. As set forth in the recitals of the proposed
resolution, as a result of ensuing litigation, the Superior Court issued a Peremptory Writ of
Mandate commanding the County of Monterey and its Board of Supervisors to void the
determination, finding, and decision adopting Resolution No. 06-063, including the approval of
any permits or entitlements for the September Ranch project described in Resolution No. 06-043,
and to vacate the certification of the EIR for the project. The Writ also commands the County
not to take further action to approve the project without the preparation, circulation, and
consideration under CEQA of a legally adequate document adopted in compliance with CEQA
which properly analyzes water demand, water cap, and cumulative impacts as to water demand."
The Writ states that the revised EIR contains a legally sufficient discussion on all other issues.
To comply with the Peremptory Writ of Mandate, the Board must adopt the attached resolution
and file the same with the Superior Court as part of the County's Return to the Peremptory Writ
showing the required action the County has taken.
OTHER AGENCY INVOLVEMENT:
The RMA-Planning Department has been informed of this action.
BIB]
40019-U01
SIGNED-U02
BOARD-U02
REPORT-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75371-U03
AI81782-U03
DO82302-U03
C10-U03
BOARD-U03
REPORTS-U03
7/24/2009-U04
MUNOZP-U04
13703-U05
5-U06
ADOPT-U07
RESOLUTION-U07
RESCINDING-U07
RESOLUTION-U07
NO.-U07
06-363,-U07
THEREBY-U07
VACATING-U07
CERTIFICATION-U07
OF-U07
FINAL-U07
REVISED-U07
EIR-U07
MONTEREY-U08
COUNTY-U08
HANCOCK-U09
DENISE-U09
HANCOCKD-U10
7/8/2009-U011
VOIDING-U012
APPROVAL-U012
OF-U012
PERMITS-U012
ENTITLEMENTS-U012
SEPTEMBER-U012
RANCH-U012
PROJECT,-U012
IN-U012
COMPLIANCE-U012
PEREMPTORY-U012
WRIT-U012
OF-U012
MANDATE-U012
ISSUED-U012
BY-U012
SUPERIOR-U012
COURT.-U012
SIGNED BOARD REPORTX��", �FINANCING:
Adoption of the resolution will have no impact on the General Fund.
Prepared by:
Werkdy- Strimling
Deputy County Counse
strimlingw@co.montere,.cam
Lesli irard
As istant County Counsel
for Charles J. McKee, County Counsel
Date: July 10, 2009
Attachment: Proposed Resolution
cc: Lew C. Bauman, CAO
Rosie Pando, Assistant CAO
Wayne Tanda, Resource Management Agency
Alana Knaster, Resource Management Agency
Mike Novo, RMA-Director of Planning
Michael Stamp, Esq.
Alexander Henson, Esq.
Anthony Lombardo, Esq.
Stephen Kostka, Esq.
BIB]
40019-U01
SIGNED-U02
BOARD-U02
REPORT-U02
LI21329-U03
FO21330-U03
FO74555-U03
FO75266-U03
MG75341-U03
AS75367-U03
AS75371-U03
AI81782-U03
DO82302-U03
C10-U03
BOARD-U03
REPORTS-U03
7/24/2009-U04
MUNOZP-U04
13703-U05
5-U06
ADOPT-U07
RESOLUTION-U07
RESCINDING-U07
RESOLUTION-U07
NO.-U07
06-363,-U07
THEREBY-U07
VACATING-U07
CERTIFICATION-U07
OF-U07
FINAL-U07
REVISED-U07
EIR-U07
MONTEREY-U08
COUNTY-U08
HANCOCK-U09
DENISE-U09
HANCOCKD-U10
7/8/2009-U011
VOIDING-U012
APPROVAL-U012
OF-U012
PERMITS-U012
ENTITLEMENTS-U012
SEPTEMBER-U012
RANCH-U012
PROJECT,-U012
IN-U012
COMPLIANCE-U012
PEREMPTORY-U012
WRIT-U012
OF-U012
MANDATE-U012
ISSUED-U012
BY-U012
SUPERIOR-U012
COURT.-U012