Twain Harte Homeowners Ass'n v. County of Tuolumne

Statement of the Case

This appeal arises out of challenges to the sufficiency of the Tuolumne County General Plan and to the adequacy of the environmental impact report prepared in connection with adoption of the general plan. “The Planning and Zoning Law (Gov. Code, tit. 7, div. 1, commencing with § 65000) requires[s] . . . that the board of supervisors of each county adopt a general plan for the ‘physical development’ of the county, pursuant to section 65300; that the plan be prepared and adopted according to standards established in section 65300.5 and 65301; and that it include each of nine ‘elements’ enumerated and described in section 65302.” (Camp v. Board of Supervisors (1981) 123 Cal. App.3d 334, 340 [ 176 Cal.Rptr. 620 ], fn. omitted.)

The California Environmental Quality Act (CEQA) mandates that prior to adoption of a general plan the county must prepare an environmental impact report (EIR) “to provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment; to list ways in which the significant effects of such a project might be minimized; and to indicate alternatives…