High Sierra Rural Alliance v. County of Plumas

November 15, 2018 by Justia

This case involved challenges by the High Sierra Rural Alliance (High Sierra) to the Plumas County’s general plan update and the final environmental impact report (EIR). All of High Sierra’s challenges related to these documents’ treatment of possible growth outside of the County’s planning areas. Specifically, High Sierra contended: (1) the County’s general plan update violated the California Timberland Productivity Act of 1982 (Timberland Act) by determining a residence or structure on a parcel zoned as a timberland production zone is necessarily compatible with timber operations; (2) the general plan update violated Government Code section 51104; (3) the County violated CEQA by failing to properly address the potentially significant impacts of allowing construction of multiple buildings covering up to two acres on a single parcel without any discretionary review or mitigation policies to protect the environment; (4) the County’s EIR was defective because it did not properly describe or disclose the potentially significant impacts of allowing new clustered subdivision development in rural areas under general plan update policy number LU1.1.4; and (5) the County should be required to recirculate the final EIR because the County added significant information regarding development after the close of the public comment period. The Court of Appeal concluded the County’s general plan update did not violate the Timberland Act by failing to recite the statutory language in Government Code section 51104. And the County’s EIR is not deficient for lack of study regarding the effects of section 51104 on the construction of residences and structures in timberland production zone parcels. The Court also concluded the EIR adequately analyzed reasonably foreseeable development within the County, including impacts that could be expected outside the planning areas. The Court agreed with the trial court that the County reasonably crafted the EIR as “a first-tier environmental document that assesses and documents the broad environmental impacts of a program with the understanding that a more detailed site-specific review may be required to asses future projects implemented under the program.” View "High Sierra Rural Alliance v. County of Plumas" on Justia Law