CNPS Wins a Big CEQA and State Planning and Zoning Lawsuit Victory July 6, 2007

Judge Patrick Marlett ruled today that the City of Rancho Cordova in Sacramento County, California violated the California Environmental Quality Act (CEQA) and the State Planning and Zoning Law in their approval of the so-called “Preserve at Sunridge” project*. The ruling specifically cited four points in which the City’s actions were illegal.

• Approval of the project and certification of the EIR violated CEQA by improperly deferring mitigation.
• Approval of the project and certification of the EIR violated CEQA because their finding that impacts on vernal pool wetlands and associated endangered species had been mitigated to less than significant was not supported by substantial evidence in the record.
• Approval of the project and certification of the EIR violated CEQA because it failed to adequately disclose ground-water pumping impacts on migratory fish and the Cosumnes River.
• Approval of the project violated the State Planning and Zoning Law because the project is not consistent with mandatory requirements of the City of Rancho Cordova’s General Plan.

Keith G. Wagner of the Law Offices of J. William Yeates represented CNPS in this important victory. A substantial portion of the funding for this lawsuit was provided by a number of local environmental groups, local chapters of larger organizations, and many, many donations from private individuals. However, we do expect the City and Real Parties to appeal this decision.

*The so-called "Preserve at Sunridge" is a proposed 530 acre Angelo K. Tsakopoulos residential development in the middle of the Sunrise-Douglas specific planning area in the newly chartered City of Rancho Cordova. This area is the home of the most diverse and densest complexes of vernal pools in Sacramento County. As approved by the Rancho Cordova City Council, this project will realign portions of Morrison Creek and protect only 90 acres of vernal pool grassland. The project will also eliminate an important wildlife corridor between two preserved areas. The City Council approved this development even though the state and federal wildlife agencies have said that a minimum of 220 acres must be protected along with the natural alignment of Morrison Creek. The City Council also approved the project on the assumption that mitigation for losses would occur and would be adequate, but failed to document how they arrived at that reasoned assumption.

This was the first action taken by the City after approving its General Plan. The fact that the first project out-the-gates has been ruled in violation of their own General Plan should be a wake-up call for the Council and the local populace that elects them. Today’s ruling was a big win for appropriate disclosure under CEQA and for good local planning. Hooray for vernal pools! And we expect an article in the Sacramento Bee tomorrow…

by: Carol W. Witham