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Consent-General Government # 13.
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| Board of Supervisors |
County Counsel |
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| Subject |
| Consider adoption of a resolution vacating and setting aside a Conditional Use Permit and related findings adopted in approving the Putah Creek Solar Facility on September 13, 2011. (No general fund impact) (Drivon) |
| Recommended Action |
| Adopt the attached resolution (Attachment A) vacating and setting aside a Conditional Use Permit and related findings, as directed by a Writ of Mandate issued by the Yolo Superior Court (Attachment B). |
| Strategic Plan Goal(s) |
| Not applicable. |
| Reason for Recommended Action/Background |
Shortly after the Board of Supervisors approved the Putah Creek Solar Project on September 13, 2011, Vince Cardinale and Ernie Gaddini (hereinafter, Petitioners) filed a lawsuit asserting that the County did not comply with the California Environmental Quality Act (CEQA) or certain provisions of the County Zoning Code, General Plan, and Climate Action Plan in approving the project. On May 1, 2013, the Yolo Superior Court issued a judgment (Attachment C) resolving the lawsuit in the County's favor as to all CEQA, General Plan, and Climate Action Plan claims and as to certain claims under the County Zoning Code. However, the Yolo Superior Court decided in favor of the Petitioners on certain aspects of the County Zoning Code claims and issued a writ of mandate that requires the County to:
- Vacate and set aside the Conditional Use Permit for the project; and
- Vacate and set aside findings four and eight supporting approval of the Conditional Use Permit.
The attached resolution includes actions that respond to the Court's direction. |
| Other Agency Involvement |
| The Planning and Public Works Department was consulted in the course of preparing this item for Board consideration. |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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