Title
Adoption of a resolution to set aside portions of Resolution No. 15-084 for the Harper Canyon (Encina Hills) Subdivision Project only as they relate to project wildlife corridor issues in compliance with the Second Amended Peremptory Writ of Mandate.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
The Office of the County Counsel recommends that the Board of Supervisors consider adoption of a resolution to set aside portions of Resolution No. 15-084 for the Harper Canyon (Encina Hills) Subdivision Project only as they relate to project wildlife corridor issues in compliance with the Second Amended Peremptory Writ of Mandate.
SUMMARY/DISCUSSION:
On April 7, 2015, the Board of Supervisors approved a 17-lot subdivision (the "Project") proposed by Harper Canyon Realty LLC ("Harper") on approximately 344 acres of land located south of State Route 68 and east of San Benancio Road in the Toro Area. To do so, the Board of Supervisors (the "Board") adopted Resolution No. 15-084 which did the following: (1) certified the Final Environmental Impact Report ("FEIR") for the Project; (2) adopted California Environmental Quality Act ("CEQA") findings and a Statement of Overriding Considerations; (3) upheld the appeal by Harper from the Planning Commission's denial of their application; (4) approved a Combined Development Permit consisting of a Vesting Tentative Map for the subdivision and associated Use Permits; and (5) adopted a Mitigation Monitoring and Reporting Plan.
On May 4 and 6, 2015, LandWatch Monterey County and Meyer Community Group (collectively, "Petitioners") filed separate but related challenges to the County's approval of the Project in Monterey County Superior Court (Case Nos. M131893 and M131913). Petitioners claimed that County failed to comply with the CEQA and that its approval of the Project was inconsistent with the County's 1982 General Plan. The trial court upheld the Board's action except with respect to the need t...
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