Title
Introduce, waive reading, and adopt an urgency ordinance suspending for ninety (90) days the processing of all applications for construction of water wells, with a specified emergency exemption, in order to study the impact of the California Supreme Court case Protecting our Water and Environmental Resources et al., v. County of Stanislaus, et al., California Supreme Court case no. S251709, on Chapter 15.08 of the Monterey County Code (4/5th vote). (ADDED VIA ADDENDA)
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt an urgency ordinance suspending for ninety (90) days the processing of all applications for construction of water wells, with a specified emergency exemption, in order to study the impact of the California Supreme Court case Protecting our Water and Environmental Resources et al., v. County of Stanislaus, et al., California Supreme Court case no. S251709, on Chapter 15.08 of the Monterey County Code (4/5th vote).
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., California Supreme Court case no. S251709. That decision may require environmental review, pursuant to the California Environmental Quality Act, when the County considers applications to drill and construct water wells if the decision to issue the permit involves the exercise of discretion by the decision-making authority.
Chapter 15.08 of the Monterey County Code sets forth the application and decision-making process for the County in considering applications for the drilling and construction of water wells. The Chapter sets forth some regulations that would appear to be purely ministerial in their application; however, the Chapter also allows the Health Officer (the approving authority for water well permits) to impose other, unspecified conditions, grant variances, and deny an application if in his/her judgment it...
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