Banning Decision - Inter-agency cooperation for Scott Ranch/Davidon DEIR

From:   Gregory L. Colvin, Director, Kelly Creek Protection Project of Earth Island Institute 

Sent:     June 10, 2017

Subject:  Scott Ranch/Davidon DEIR: CEQA requirement for inter-agency cooperation, based on Banning decision


To:       Mayor David Glass, Petaluma City Councilmembers Chris Albertson, Teresa Barrett,                 Mike Healy, Gabe Kearney, Dave King, and Kathy Miller

CC:      John Brown, City Manager, City of Petaluma

            Alicia Giudice, Senior Planner, City of Petaluma

            Heather Hines, Planning Manager, City of Petaluma

            Eric Danly, Petaluma City Attorney

I wanted to share with you the suggestions I received from our attorney on how the City might comply with the Banning decision on concurrent, collaborative EIR processes. below:

In light of the California Supreme Court’s recent decision in the Banning Ranch Conservancy v. City of Newport Beach and in order to comply with CEQA’s requirements, the City should

  1. Conduct current surveys consistent with established protocol for CRLF, Western Pond Turtle, and special-status plants that can be used by USFWS and CDFW.
  1. Consult and coordinate with CDFW and USFWS regarding these surveys, the impacts of the project on all protected species and plants, and mitigation to minimize the project’s impact on  protected plants and species.

  2.   Conduct a current delineation of jurisdictional wetlands that can be used by the USACOE, CDFW, and RWQCB.
  1. Consult with ACOE, CDFW and RWQCB regarding the identified jurisdiction wetlands, the impact of the project on these wetlands, and mitigation to minimize these impacts, including restoration and replacement of wetlands.
  1. In addition to meeting with USFWS, CDFW, ACOE and RWQCB, meet with all other agencies that have jurisdiction over the project to coordinate the City and these agencies’ review of the project and its environmental impacts and needed mitigation.  These other agencies should include CalTrans, BAAQMD, Sonoma County Water Agency, and Sonoma County Regional Parks, all of which the DEIR identified as agencies that may have jurisdiction over the project. DEIR 3.0-29. In addition, the City should coordinate and consult with SPAR. This coordination needs to occur now, before the release of a revised DEIR.
  1. Incorporate the other agencies’ concerns, analysis, and mitigation into the revised DEIR. If the City disagrees with other agencies’ analysis or mitigation, it should explain the disagreements in the DEIR.
  1. Ensure the DEIR does not defer analysis of impacts or development of mitigation until when these agencies consider the project.  That analysis and development of mitigation must occur now.

Tamara

Tamara Galanter
Shute, Mihaly & Weinberger LLP
396 Hayes Street
San Francisco, CA 94102-4421

v: 415/552-7272 x239
f: 415/552-5816

www.smwlaw.com

Please regard this as a public comment on the Davidon DEIR.