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Environmental Law
CEQA
California General Plan and Zoning Law

Sierra Club, a California non-profit corporation v. County of San Luis Obispo, Board of Supervisors of the County of San Luis Obispo, and Does 1 through 25, inclusive

Published: Nov. 27, 2010 | Result Date: May 18, 2010 | Filing Date: Jan. 1, 1900 |

Case number: CV 080059 Settlement –  Equitable agreement

Court

San Luis Obispo Superior


Attorneys

Plaintiff

Michael R. Jencks


Defendant

Timothy McNulty

Warren R. Jensen


Facts

On Dec. 4, 2007, the County of San Luis Obispo, the Board of Supervisors of the County, and Doe defendants adopted Negative Declaration and Ordinance Number 3138, which amended Title 22 of the San Luis Obispo County Code, the Land Use Ordinance, Chapter 22.92, and Section 22.92.020. On Jan. 17, 2008, the Sierra Club filed an action for mandamus and declaratory relief under the California Environmental Quality Act (CEQA) and the California General Plan and Zoning Law in relation to defendants' actions.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff argued that the amendment greatly impaired protections and planning standards, which would increase harmful visual effects of development and grading in rangelands and woodlands within the Cayucos Adelaide Fringe Viewshed.

DEFENDANTS' CONTENTIONS:
Defendants denied the allegations of wrongdoing.

Result

The parties reached a settlement whereby defendants agreed to set aside Ordinance Number 3138 and its related Negative Declaration. In addition, defendants agreed to develop a countywide viewshed protection and hillside development ordinance, provide direction on interim planning standards, provide a trial period using GIS data for proposed construction, and agreed on procedures to discuss potential amendments to the County's CEQA guidelines.


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