San Joaquin Raptor Rescue Center v. County of Merced CA5

FACTS AND PROCEDURAL HISTORY

The Public Meetings, Agendas and Actions Taken The agenda issued by the Commission for its October 28, 2009, meeting first listed a number of ordinary items of Commission business, and concerning such items the “ACTION REQUESTED” of the Commission was either “TO APPROVE, DISAPPROVE OR MODIFY” particular projects or land use applications, including several subdivision applications and a request for a conditional use permit. Below these items, under a separate heading entitled “DIRECTOR‟S REPORT,” the following additional matter was set forth on the agenda: “Proposed changes to the Public Hearing Notice and Agenda to include language regarding CEQA Environmental Determination and actions on future projects.” At the October 28, 2009, meeting, the Commission‟s director (who apparently prepares the meeting agendas) explained that his proposal was to add the following language to future meeting agendas whenever the Commission will be considering both a project‟s approval and a CEQA determination as to the same project: “THE ACTION

REQUESTED IS TO MAKE A PROJECT REGULATORY DETERMINATION AND TO APPROVE,

DISAPPROVE OR MODIFY THE APPLICATION.” …