Environmental Council v. Board of Supervisors

The primary question in this appeal is whether respondent Sacramento County Board of Supervisors (Board), in amending its general plan, has complied with the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) and administrative guidelines (Cal. Admin. Code, tit. 14, § 15000 et seq.). As we conclude that it has not, we shall reverse the judgment of the superior court.

Real parties in interest, Ernest and Naomi Ehnisz, are the record owners of the real property which is the subject of the present litigation. In 1978, the Ehniszes’ predecessor in interest filed applications with Sacramento County (County) (1) to amend the general plan land use designation of the subject property from “permanent agricultural” to a residential use and (2) to subdivide this approximately 740 acres of land into 37 parcels of 20 acres each.

Following the preparation and public circulation of an environmental impact report (EIR) identifying the proposed project with a loss of productive agricultural land and significant growth-inducing impacts, the county policy planning commission heard and denied the respective applications. On appeal therefrom, the Board found…