Local Citizens’ Group Takes Legal Action Against City of Grass Valley

By Don Pelton

Attorney Michael W. Graf, representing local citizens’ group, Citizens Advocating Responsible Development (CARD), yesterday filed a petition in Nevada County Superior Court challenging the City of Grass Valley’s “actions on May 10, 2016 and May 24, 2016 approving Text Amendments of the Whispering Pines Specific Plan SP-1A Corporate Business Park designation.” Graf, in his notice to the City, added that “petitioner’s actions will include claims under the California Environmental Quality Act (CEQA).”

The complete “Petition for Writ of Mandate” plus associated documents filed yesterday (including Graf’s notice to the City) can be read in their entirety here.

As I reported on May 11th (see “Grass Valley City Council Ignores CEQA Guidelines in Last Night’s Whispering Pines Decision“), the “Grass valley City Council last night voted 3 (Jason Fouyer, Howard Levine, Ben Aguilar) to 2 (Jan Arbuckle, Lisa Swarthout) to adopt an ordinance that includes (1) amendments to the Whispering Pines Business Park Specific Plan and (2) the adoption of a Negative Declaration as ‘the appropriate level of environmental review’ of these amendments.”

Now that the City is facing legal action over this issue, it has scheduled a closed meeting next Tuesday the 14th (prior to the regular City Council meeting) in order to discuss the matter, although there are no items concerning Whispering Pines in the regular open agenda for Tuesday. The following notice describing the reason for the closed meeting appears in the agenda for Tuesday’s meeting:

closed_meetingThe “copy available for public inspection in Clerk’s Office” (referred to above) is most likely the same Petition and associated documents that I’ve made available here.

Attorney Michael Graf’s filing is a model of clarity, and leaves little doubt that — in approving the zoning changes — both Planning staff and the three Council members who approved the zoning changes failed to adequately consider CEQA’s requirements in the broadest sense (as they apply to potential environmental impacts) and in the narrowest details (the City’s failure to recirculate the revised Negative Declaration for further public comment).

The formal Petition for Writ of Mandate concludes with this request:

petition_prayer

 


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