Inyo Citizens for Better Planning v. Inyo County Board of Supervisors, No. E046646 (Cal. Ct. App. Nov. 20, 2009)
(Ordered for publication on December 14, 2009)
Inyo County's issuance of a negative declaration for a general plan amendment was found to violate CEQA when it redefined “net acreage” to permit the subdivision of certain properties over the objections of the neighboring landowners.
The landowners petitioned the trial court for a writ of mandate directing the County to set aside the general plan amendment, set aside the approval of specific tentative parcel maps, and cease processing further tentative parcel maps until it properly began the EIR process for the general plan amendment.
The court found that there was substantial evidence supporting a fair argument that increased density allowed by the amendment would have a significant impact on water resources. Therefore, the County should have prepared an EIR, rather than a negative declaration.
The court directed the trial court to issue a writ of mandate setting aside the general plan amendment's redefinition of “net acreage” and directing the County to begin the EIR process if it wanted to move forward with the proposed amendment to the general plan.
