Concerned Citizens of Palm Desert, Inc. v. Board of Supervisors

No. 102352 (Cal. Super. Ct. May 5, 1972; May 24, 1972; May 26, 1972)

Construction of a large development pursuant to county approval is stayed pending the preparation of an environmental impact study under the state's Environmental Quality Act of 1970.

Counsel for Plaintiff
John C. McCarthy
100 Pomona Mall West
Pomona, California 91766

Counsel for Defendants
Reid, Babbage & Coil
3800 Orange Street
P.O. Box 1300
Riverside, California 92502

[2 ELR 20382]

Estudillo, J.

ORDER TO SHOW CAUSE AND TEMPORARY STAY ORDER

TO RIVERSIDE COUNTY BOARD OF SUPERVISORS AND RIVERSIDE COUNTY PLANNING COMMISSION, Respondents:

Good cause appearing from the verified petition for a writ of mandamus on file in this action,

IT IS ORDERED that you show cause before this Court on May 19, 1972, at 9:00 a.m., or a soon thereafter as counsel can be heard, at the courtroom of Department 6 at Courthouse, 4050 Main St., City of Riverside, California, why an order should not be granted staying the operation of your decisions in the administrative proceedings entitled "applications of Silver Spur Associates #1382 for a conditional use permit and #1175 for variances," pending the entry of the judgment of the Court in this action

IT IS FURTHER ORDERED that you stay the operation of those decisions pending the hearing of this order to show cause.

IT IS FURTHER ORDERED that a copy of this order and a copy of the petition for the writ and all supporting declarations and points and authorities be served on respondents at least 7 days prior to the hearing of the above order to show cause.

Deegan, J.

ORDER RE PENDING MATTERS

Upon further consideration, the court now orders that a stay order shall remain in effect until the hearing in this matter presently scheduled for July 7, 1972 and petitioners shall not be required to post any bond. For the present the terms of the order shall remain the same s those set forth in the stay order signed herein by Judge Estudillo on May 5, 1972. Provided, however, that the court shall reserve the authority to narrow the area covered by said order by permitting such things as the processing of subdivision maps, obtaining of building permits, and any other preliminary matters which do not involve any building work or grading work or trenching work or any other type of disturbance [2 ELR 20383] of the soil by real party in interest. Counsel for real party in interest is invited to present to the court a more narrow form of proposed stay order covering the matters above set forth. Said proposed order should be served upon counsel for petitioner when presented to the court and the court will take no action thereon for five days following date of service of same, thus allowing counsel for petitioner to present any counterproposal.

The court has made further inquiry relative to the preparation of an administrative record in this matter for use at the hearing now scheduled for July 7, 1972. From that inquiry it appears that although there is a tape recording of the hearings before the Board of Supervisors it will not be possible for a transcript thereof to be prepared by the county clerk in time for the hearing of July 7, 1972. Therefore the court proposes, unless the arrangement hereinafter mentioned is pursued, to treat the original tape recording as the administrative record and will cause the same to be played back and will listen to same completely at least three weeks before the hearing of July 7, 1972. All counsel may be present at the time the tape is replayed on a date to be selected, with due regard to the commitments of all counsel

In lieu of the foregoing procedure relative to the record, petitioners may, should they be so advised, provide the personnel to make a tape recording from the original tape above mentioned and from that to prepare an original and three copies of a written transcript of the administrative record. Such written transcript must be presented to the Clerk of the Board of Supervisors for certification by him not later than June 16, 1972 in order that sufficient time may be given to examine and certify same as to accuracy. The court will reserve jurisdiction to make such order concerning cost of such transcript as may be just.

Counsel for petitioner is hereby requested to signify the choice he wishes concerning the administrative record by or before Tuesday, May 30, 1972.

The court reserves jurisdiction to extend to county counsel such time as may be necessary to answer the petition on file herein depending upon which choice is followed relative to the administrative record as above set forth.

Deegan, J.

AMENDED ORDER

A hearing having been had in this matter, and the Court having received evidence herein, and good cause appearing,

IT IS HEREBY ORDERED that the Stay Order heretofore issued is amended to allow Silver Spur Associates, Real Party in Interest herein, to submit to governmental authorities tentative subdivision map for all or any portion of its real property, including, but not limited to, plans for models, golf courses, golf club house, tennis courts, tennis club house, roads, both private andpublic, sewers, water distribution system, sewage collection system, drainage and flood control plans, landscaping and sprinkler system and accessory structures, such as gates and walls; Real Party in Interest shall also be allowed to apply for all governmental permits from governmental agencies relating to the aforementioned work and construction and, thereafter, Real Party in Interest shall be allowed to file final subdivision maps relating to the foregoing. Further, Real Party in Interest shall be allowed to submit an Environmental Impact Report to appropriate governmental agencies.

The Order heretofore issued and this amendment hereto shall continue pending the further Order of this Court.