Monday, December 15, 2008

A letter to the Supes, II

Over on her blog, Ann Calhoun posted her letter to SLO County Supervisors regarding tomorrow's hearing on the Santa Margarita Ranch development. Here's mine:

- - -

Dear Supervisors,

I'm writing you concerning Item C-8 on tomorrow's agenda, and, specifically, the "Statement of Overriding Considerations" found in the EIR submitted by Santa Margarita Ranch, LLC for their proposed development.

After reporting on the Los Osos situation over the past eight years, not only am I familiar with "Statements of Overriding Considerations," but also with the disastrous fallout that can result if a SOC isn't 100-percent, absolutely, positively tight.

As I first reported in 2007 (at the link below), in 1992, SIERRA CLUB v. CONTRA COSTA COUNTY concluded, "Nonetheless, the Legislature has required that substantial evidence support CEQA findings... Accordingly, we find that a statement of overriding considerations must be supported by substantial evidence contained in 'the final EIR and/or other information in the record.' " [bolding mine]

Now, I have to admit (and apologize), I haven't read the SOC in the Santa Margarita Ranch matter, mainly, because it seems to be part of an 18 megabyte file on the county's web site, and, living in a rural part of the county, I'm stuck with dial-up service for now, so, it'll take me forever to download, which means, unfortunately, I currently don't know what the specific reasons are for adopting the SOC, but if just one of them isn't "supported by substantial evidence contained in the final EIR and/or other information in the record" -- just one -- then that SOC will likely be challenged in court, and if SIERRA CLUB v. CONTRA COSTA COUNTY is any indication, and it is, that challenge will be successful, and easy.

So, here's my question: Are we sure -- absolutely positive -- that ALL of the information in the SOC submitted by Santa Margarita Ranch, LLC is "supported by substantial evidence contained in the final EIR and/or other information in the record"?

If not, approval of that SOC by your board could potentially turn Santa Margarita into a Los Osos.

Therefore, (if that's the case) the highly prudent course of action for your Board to take on this matter, would be to continue this item, until we are all absolutely positive that ALL of the information in the SOC is "supported by substantial evidence contained in the final EIR and/or other information in the record."

Thank you,


P.S.: If you're interested in reading about the Los Osos CSD's bogus Statement of Overriding Considerations from 2001, and the disastrous fallout that resulted from it over the following seven years-and-counting, I reported on it at this link:

http://sewerwatch.blogspot.com/2007/11/what-ought-to-be-law-part-ii-oh-wait.html

###

0 Comments:

Post a Comment

<< Home