Bill Hocker | May 23, 2019
ag land or one big hole?
NVR 6/2/19: Napa judge hears more arguments on Syar quarry expansion
NVR 5/23/19: Napa Court releases Syar tentative ruling
The Tentative Ruling is here
From the judge's ruling:
"One of the principal project locations is the so-called Pasini Parcel, which has a General Plan designation of Agricultural, Watershed, and Open Space (AWOS). Of note, it appears as though the EIR contains no discussion of the apparent inconsistency between the General Planís stated goal of preserving agricultural land use, and the conversion of this parcel into use for mining operations."
Itís becoming clear that residents have validated legal complaints about the development that Napa County has been pursuing in the last few years. There are impacts that have not been properly considered in the approval process, flagged by residents in the numerous hearings that vet projects, with Supervisors ignoring those concerns as being less-than-significant in order to move the projects ahead. In the past, residents may have been intimidated by the business and government forces arrayed against them. But the level of impact that development is beginning to have on the rural character that residents treasure is no longer possible to ignore, and appeals and lawsuits are becoming the norm.
In this case the judge has highlighted a primary inconsistency not properly discussed in the EIR as required by CEQA: the County is nominally committed in its General Plan to the protection of agriculture, but at the same time has approved a project that is not agriculture on land zoned for agriculture. (like the AmCan solar farm) The judge is not saying that the two are incompatible; only that the EIR failed to discuss and mitigate the conflicting attitude about mining operations on ag land.
If only it were possible to reconsider the same inconsistency of using agricultural lands for entertainment venues and housing estates.