Tag: abuse of discretionary power

Press Release – GRASSROOTS COMMUNITY GROUPS BRING A WIN AND AWARENESS TO EL DORADO COUNTY

For Immediate Release
Contact:  Sue Taylor (530) 391-2190
SaveOurCounty.net

 

GRASSROOTS COMMUNITY GROUPS BRING
A WIN AND AWARENESS TO EL DORADO COUNTY

 

June 8, 2016, Placerville, CA

Save Our County, Residents Involved in Positive Planning, and the Shingle Springs Community Alliance would like to thank the voters of El Dorado County for the adoption of Measure E.  Measure E retains a new and improved 1998 Measure Y while sending a clear message that projects which create gridlock on our roads will not be tolerated.

Measure G lost by a slim margin, informing the Board of Supervisors that it is not just a “small” group of residents that want our resources, rural character, and quality of life protected, as promised in the voter-approved 2004 General Plan.

The ‘No’ campaign by Parker Development, the Farm Bureau, Alliance for Responsible Planning, and the Winery Association promised to protect our open space, farms, wineries, rural economy, local jobs, worms, water, roads, rural quality of life, schools, public safety, fire protection, small businesses, our children, and seniors.

In light of those campaign promises we would expect to find common ground with the opposing groups when we ask the Board of Supervisors to stop ruling in favor of projects that violate our General Plan.  Rather than wasting public and private resources by forcing lawsuits, the Supervisors should stand with the people of El Dorado County in demanding that the required policies that protect our historical, cultural, agricultural, recreational, and natural resources finally be put in place.

We would like to express a special appreciation to the many individuals, business owners, farmers, and ranchers who have spent their time and energy to spread the word about the importance of protecting our rural quality of life.

Additionally, thank you to the many community groups that supported our shared cause, including Citizens for Sensible Development in El Dorado Hills, Friends of Historic Hangtown, Georgetown Preservation Society, our friends in Meyers, and especially Rural Communities United (RCU).

When the current Board of Supervisors recently overhauled our General Plan and Zoning Ordinance to favor higher-density, urban-type development, RCU was quick to take the lead in a lawsuit designed to stop the county from its abuse of “discretionary” power.  We encourage everyone to support RCU with donations to fund the lawsuit that will further restore the voter-approved 2004 General Plan.

Supplemental information can be found at this website:   ruralcommunitiesunited.org.

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COMMUNITY GROUP FILES LEGAL ACTION AGAINST EL DORADO COUNTY APPROVAL OF THE GENERAL PLAN AND ZONING ORDINANCE UPDATE

For Immediate Release                                             Contact: Ellen Van Dyke (530)676-8025

COMMUNITY GROUP FILES LEGAL ACTION AGAINST EL DORADO COUNTY APPROVAL OF
THE GENERAL PLAN AND ZONING ORDINANCE UPDATE

January 14, 2016 – Placerville, CA
On Wednesday January 13, Rural Communities United continued its efforts to protect rural character by filing a case challenging the County’s massive rezoning and gutting of the voter approved 2004 general plan. Rural Communities United is an organization of local residents who seek to protect the County’s rural character for current and future residents.

The case was filed to protect rural groundwater supplies, fire safety, and traffic circulation. The case alleges that the mass rezoning of thousands of parcels fails to respect the 2004 general plan protections for the County’s rural resources. According to the case filed in El Dorado County Superior Court, “These planning blunders have transformed El Dorado County’s general plan and zoning ordinance into the antithesis of orderly planning.”

The case was also filed to protect the rights of local citizens to fair hearings. The case scolds county planning commissioners and supervisors for not giving fair hearings to those who expressed concerns regarding the effects of the rezones on their homes and neighborhoods. According to the case, the County’s deliberate indifference to the rights of its residents has, “caused good people to question their faith in the integrity of their government.”

The case will likely be heard by a judge later in the year in El Dorado County Superior Court. Ellen Van Dyke of Rural Communities United said, “We hope to inspire people throughout El Dorado County to protect the things that make this a great place to live.”

website: www.RuralCommunitiesUnited.org

email: contactRCU@gmail.com

COURT RULES AGAINST EL DORADO COUNTY BOARD OF SUPERVISORS

For Immediate Release

Contact: Sue Taylor (530) 391-2190

COURT RULES AGAINST EL DORADO COUNTY BOARD OF SUPERVISORS

December 23, 2015, Cameron Park, CA
The El Dorado Hills Town Center Apartments project approval has been overturned by the courts, one year after its approval by the Board of Supervisors. The court ruling substantiates the public’s claims that the El Dorado County Board of Supervisors abused its discretionary authority when it ignored the El Dorado Hills Specific Plan, the El Dorado Hills Area Planning Advisory Committee, and the El Dorado County Planning Commission, in addition to violating the County’s general plan, density limits, design standards, and the requirement to mitigate impacts to infrastructure in approving the Town Center Apartments project on December 2, 2014.

The following is an excerpt from the ruling handed down December 18, 2015 by the El Dorado County Superior Court on the matter of Citizens for Sensible Development in El Dorado Hills v County of El Dorado:

“As explained in detail below, the Court finds the administrative record contains substantial evidence that the proposed project might have significant environmental impact that requires further review. The Court finds that the project at issue is a new project, not a modified one and that substantial evidence exists to support a fair argument of significant traffic environmental impacts due to the project, despite existing or planned mitigation. The Court also finds that in approving the project, Respondent has not proceeded as required by law under CEQA.”

The documents and other related information are available here: https://saveourcounty.net/el-dorado-hills-town-center-apartments/

Camino resident Sue Taylor further explained, “Continuing their abuse of discretionary authority, the Board of Supervisors proceeded in a similar action on December 15, 2015 to approve the General Plan and Zoning Ordinance Update (TGPA/ZOU). Just like the Board’s action on the Town Center Apartment project, this General Plan and Zoning Ordinance overhaul forces the public to file a lawsuit against the County in order to protect the county’s resources, the voter-approved General Plan, and historic zoning rights. This end-of-the-year action will have an enormous negative impact on the rural nature of El Dorado County.”

“It is just one more example of why we need better representation on the Board of Supervisors,” added Rescue resident Ellen Van Dyke. “Supervisor Mikulaco voted along with Supervisor Veerkamp to approve the Town Center Apartments project last year, ignoring his District 1 constituents’ opposition to the project. The same pattern of disregard and reckless disdain of public input was exhibited by four of the five Supervisors in the recent vote to pass the General Plan and Zoning Ordinance overhaul, in spite of all the flaws pointed out by County residents.”

Shingle Springs resident Lori Parlin stated, “It was almost like déjà vu to see four out of five Supervisors vote to ignore environmental law – again. El Dorado County residents can no longer ignore the clear pattern set by the Supervisors. It is time for voters to take action and replace the current Supervisors with public servants that will represent our County as they promised rather than advocate for special interests.”
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Placerville Historic Preservation League sues Judicial Council

On Tuesday, July 14, a Press Conference will be held due to the lawsuit filed in San Francisco by the Placerville Historic Preservation League to correct the process for the controversial $90,000,000 New Placerville Courthouse project.

Historic Placerville Courthouse
Historic Placerville Courthouse

The public is encouraged and welcome to attend the Press Conference on the steps of the Historic Main Street Courthouse at 12pm, noon, Tuesday, July 14.

As stated in the Press Release, the Environmental Impact Report (EIR) failed to adequately disclose, analyze, and/or mitigate the Project’s impact on biological resources, impact on traffic and circulation, and the economic impact to the businesses in historic Placerville on Main Street that will lead to urban decay and blight.

According to the lawsuit, the Judicial Council prejudicially abused its discretion in violation of California Environmental Quality Act (CEQA) in approving the project.  The lack of public disclosure and appearance of conflict of interest has left the project mired in controversy.  The League is asking the Judicial Council to set aside approval of the project until the Judicial Council decides to bring its project into compliance with the law.

A copy of the Press Release and the Writ of Mandate can be viewed here:
https://placervillehistoricpreservationleague.files.wordpress.com/2015/07/press-release-courthouse-final-7-13-15.pdf

COURT BRIEF FILED IN CASE AGAINST EL DORADO COUNTY BOARD OF SUPERVISORS FOR ABUSE OF DISCRETIONARY POWER

For Immediate Release                                        Contact: Sue Taylor (530) 391-2190

COURT BRIEF FILED IN CASE AGAINST EL DORADO COUNTY BOARD OF SUPERVISORS FOR ABUSE OF DISCRETIONARY POWER

June 30, 2015, Placerville, CA
The Opening Brief has been filed in the matter of Citizens for Sensible Development in El Dorado Hills v County of El Dorado. The basis of the litigation can be seen in a copy of the Brief here: http://tinyurl.com/oy66nw2

The abuse of discretion by the Board motivating this legal action is described in Attorney Tom Infusino’s December 1, 2014 letter:

“Given the unusual decision of the Board of Supervisors on November 4 to defy the recommendations of their advisory bodies, and to direct the Planning Department to prepare for project approval, it has become necessary to explain why this project approval is not only ill advised, but also unlawful at this time.”

It is up to citizens to take action and hold officials accountable when they abuse their discretionary power and ignore the law. Citizens for Sensible Development in El Dorado Hills and Save Our County are working together to see that public concerns about the project and its impact on the community are addressed and that environmental law is followed.

Please visit www.Citizens4SensibleDevelopment.org or www.SaveOurCounty.net to find out how you can join the effort to hold the El Dorado County Board of Supervisors accountable for abusing their discretionary power.
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