The suit petitions the court for a writ of mandate, ordering that the respondents void the negative declarations for the latest phase of the Vichy development and require the preparation of an EIR.
Residents of Ukiah Valley know that a large housing development is already under construction in the Vichy Springs area. When built, there will be 170 houses Vichy Springs Development Lawsuit Filed on January 9
on a parcel of 110 acres. This development was approved in 1987. In mid-1988, the Vichy Springs Investors Group asked the Board of Supervisors to again amend the General Plan to allow an additional 30 houses on a 23 acre parcel. Also, the Group asked for a new General Plan designation to allow further development of the 83 acre Vichy resort site.
Planning Department staff consistently recommended denial of these proposals based on conflicts with the General Plan. The Planning Commissions of both the City of Ukiah and the County voted unanimously on three separate occasions to deny the proposals, or, at the very least, require an EIR. Nonetheless, the Board of Supervisors, on a 3-2 vote (de Vall and Henry in opposition), gave their approval on Nov. 20, 1990.
The MEC wrote a letter to the Board of Supervisors in September of 1990 describing numerous significant environmental impacts and requesting the preparation of an EIR. Dan Hamburg addressed the Board at length prior to the November 20 vote, raising a number of issues including the need to make specific findings if they were intending to override their own General Plan. Hamburg also brought up the issues of proximity to the Ukiah landfill, traffic congestion, fire protection and water availability. A Board majority ignored the MEC and Hamburg.
Having exhausted all administrative remedies, a decision was made to proceed with a lawsuit. Susan Brandt-Hawley, a Sonoma County attorney, and Lily Phoenix of the MEC worked with Hamburg on preparation of the suit. The petitioners have 30 days to respond. Hopefully, this action will encourage the County and the Board to more carefully consider the environmental impacts of development decisions in the future.
Copyright Mendocino Environmental Center 2004
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