Title
a. Receive an update concerning proposed amendments to Chapter 15.08 of the Monterey County Code to create a distinction between the issuance of ministerial and discretionary water well permits to address the impact of the California Supreme Court case Protecting our Water and Environmental Resources et al., v. County of Stanislaus, et al.; and
b. Provide direction to staff.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Receive an update concerning proposed amendments to Chapter 15.08 of the Monterey County Code to create a distinction between the issuance of ministerial and discretionary water well permits to address the impact of the California Supreme Court case Protecting our Water and Environmental Resources et al., v. County of Stanislaus, et al.; and
b. Provide direction to staff.
SUMMARY/DISCUSSION:
On August 27, 2020, the California Supreme Court issued its decision in the case Protecting Our Water and Environmental Resources et al., v. County of Stanislaus, et al., 10 Cal.5th 479 (2020) ("Protecting Our Water"). Protecting Our Water held that environmental review, pursuant to the California Environmental Quality Act ("CEQA"), is required when a decision to issue a water well permit involves discretion by a decision-making authority. Under CEQA, ministerial approvals are those that involve little or no discretion, merely apply objective standards to the facts as presented, and are often issued by County staff within a short time frame. In contrast, discretionary approvals are those that involve the exercise of judgment and require County decision-makers to use discretion to decide whether to issue the approvals, and how best to shape or condition those approvals to avoid or mitigate environmental or other land use impacts. Environmental review under CEQA is required only for discretionary approvals, not ministerial approvals.
On September 15, 2020, the Board of Supervisors adopted Urgency Ordinance Numbe...
Click here for full text