HomeMy WebLinkAboutBEC serve Butte Co letter 11.28.10 Law Offices of
Richard L. Harriman
1078 Via Verona Drive 1904RD0F8UPE
Chico, CA 95973-1031 R1i150R5
Telephone: (530)343-1356 Nov 3 2010
Facsimile: (209) 526-3674 OROWLL
Cell Phone: (559)999-7953 .CALIFORIVIA
Email: harrimanlawl@sbcglobal.net
November 28, 2010
VIA U.S. MArL
Kathleen Moghannam
Clerk of the Board
Board of Supervisors
County of Butte
25 County Center Drive
Oroville, CA 95965
Re: Butte Environmental Council v. County of Butte and
Butte County Board of Supervisors
Re: Approval and Adoption of Butte County General Pian and
Housing Element
Certification of Environmental Impact Report
State Clearing House#2009092062
Hearing Date: October 26, 2010
Notice of Determination Filed: October 26, 2010
Notice of Intent to File Suit Stating Claims Under
the California Environmental Quality Act(CEQA)
[Pursuant to Public Resources Code(PRC) Section 21167.5]
Gentlepersons:
This letter is served upon the County of Butte and the Butte County Board of
Supervisors, pursuant to Section 21167.5 of the California Public Resources Code(PRC),to give
formal legal notice that the Butte Environmental Council (BEC), a California non-profit public
benefit corporation, will be filing suit against the County of Butte and the Butte County Board of
Supervisors to compel the County of Butte to vacate, set aside, void, rescind, and annul its
Resolutions, decisions, findings, and actions approving and adopting the above-referenced
General Plan and Housing Element in reliance upon an inadequate Environmental Impact Report
[SCH#2009092062]for the above-referenced Projects. The decisions and actions were taken by
the Board of Supervisors on October 26, 2010, and the Notice of Determination was filed with
the County Clerk on October 26, 2010.
1
Dom , CAS
This legal action will be based upon the legal inadequacy of the above-referenced
Environmental Impact Report, pursuant to the California Environmental Quality Act(CEQA)
[PRC section 21000 et seq.] and the CEQA Guidelines [California Code of Regulations(CCR),
Title 14, Section 15000 et seq.] and upon violations of the State Planning and Zoning Law
[Government Code Section 65300 et seq.], based upon the record of proceedings before the
Board of Supervisors.
In addition, please take notice that Petitioner will be seeking an award of reasonable
attorney's fees and costs from the County, pursuant to California Code of Civil Procedure section
1021.5 and Government Code section 800.
Please give special written notice to the undersigned of any public hearing, meeting, or
workshop at which the County proposes to consider an action to revise, amend, or otherwise
void, rescind, annul, vacate, and/or set aside the resolutions, decisions, actions, and/or approvals
referred to hereinabove and/or for any public hearing, public meeting, and/or workshop to be held
before the County Planning Director,Planning Commission, or Board of Supervisors to modify,
change, or amend the above-referenced resolutions, decisions, and/or actions.
Finally, special ten days' written notice is hereby requested of the date of any public
meeting, hearing, workshop, deliberation, discussion, decision, and/or action to be made or taken
based upon the certified EIR to be challenged by Petitioner, including, without limitation,the
County Zoning Ordinance proposed for approval and adoption by the Board of Supervisors based
upon the General Plan Update and EIR referred to hereinabove and/or any project for which
findings of consistency with the General Plan Update are required to be made by the County
Planning Commission or Board of Supervisors
Please provide the above-mentioned written notice to the undersigned at the office address
on the letterhead above and to my client at the following address:
Ms. Robin Huffman
Advocacy Director
Butte Environmental Council
116 Vest Second Street, Ste. 3
Chico, CA 95925-5336
Thank you for your anticipated cooperation with these requests for special written notice.
Very truly yours,
RICHARD L.
Attorney for Petitioner
cc: Clients
RLH/hr
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PROOF OF SERVICE
(Code Civ. Proc., §§ 1013a, 2015)
STATE OF CALIFORNIA, COUNTY OF BUTTE
I am employed in the County of Butte, State of California. I am over the age of 18 and not
a party to the within action;my business address is 1078 Via Verona Drive, Chico, California
95973.
On November 28, 2010, I served the following documents) described as:
PETITIONER'S NOTICE TO CLERK OF THE BOARD OF SUPERVISORS
OF INTENT TO FILE SUIT ALLEGING CLAIMS UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, PURSUANT TO PUBLIC RESOURCES
CODE SECTION 21167.5
/_X /By U.S. Mail by placing-a-true.and correct copy of the.above-referenced document in an
envelope with postage prepaid in the mail at the U.S. Postal Service facility at Fresno,
California addressed as follows:
Kathleen Moghannam
Clerk of the Board
Board of Supervisors
County of Butte
25 County Center Drive
Oroville, CA 95965
I declare under penalty of perjury under the laws of the State of California that the above
is true and correct and is executed on November 28, 2010 at C 'co, California.
RICHARD L_ HARRMAN