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
petitio...
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