Facts

The City of Lompoc's City Council adopted a Resolution certifying the EIR for a 2030 General Plan Update, and adopting CEQA Findings of Fact, Statement of Overriding Considerations, and a Mitigation Monitoring Program. The City Council approved the updated Housing Element but the proposed updated Land Use and Traffic and Circulation Elements were deferred for additional study. The City's Resolution approved a modified version of the "high growth" alternative, which included potential annexation of an area of prime farmland known as "Bailey Avenue Expansion Area."

PLAINTIFF'S CONTENTIONS:
The Santa Barbara County Action Network (SBCAN), represented by Environmental Defense Center, filed suit against the City, alleging violations of the California Environmental Quality Act. Specifically, SBCAN alleged that: 1) the City's Findings, that CEQA alternatives excluding the Bailey Avenue Expansion Area from further annexation consideration were infeasible, constituted an abuse of discretion and were not supported by substantial evidence; and 2) the City's EIR analysis and CEQA Findings regarding greenhouse gas (GHG) emissions and a GHG monitoring program violated CEQA.

RESPONDENT'S CONTENTIONS:
(Respondent did not file an Answer, thus no "contentions" were ever formally raised) The lawsuit was filed prematurely because the City Council had not taken any final action to adopt the Land Use Element.

Result

The parties reached a settlement in which the City agreed to adopt new or revised CEQA Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring Program prior to adoption of the Land Use and Traffic and Circulation Elements, and further agreed not to rely on findings made in connection with certification of the EIR for purposes of future action related to development of the Bailey Avenue farmland area prior to adoption of an updated Land Use Element. The City also agreed to conduct additional environmental analysis of greenhouse gas issues prior to adoption of the Land Use and Traffic and Circulation Elements. The City also agreed to reimburse a portion of EDC's attorney fees. In return for these commitments, SBCAN agreed to file a voluntary request for dismissal of its case.