Landwatch Monterey County v, Monterey County

Filed 1/23/07  Landwatch Monterey County v, Monterey County CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

Statement of the Case

            In this case, Landwatch Monterey County (Landwatch) claims that the approval of a subdivision project with a mitigated negative declaration (MND) violates the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.)[1]

            On May 4, 2004, the Monterey County Board of Supervisors (Board) approved the Cathrein Estates Subdivision and Combined Development Project (Project) and adopted a MND.  Landwatch challenged the Board's decision in a petition to the superior court for a writ of mandate.  Landwatch claimed the Project posed potentially significant adverse environmental impacts that required the preparation of an environmental impact report (EIR).  The trial court denied the petition.  Landwatch now appeals from the judgment.

            Landwatch renews its claim, arguing that approving the Project with an MND, instead of preparing and EIR, violates CEQA because the Project may have an adverse impact:  It may contribute to a severe groundwater overdraft in North Monterey County.  Landwatch also claims that the Project violates the Monterey County General Plan and the North County Area Plan.

            We affirm the judgment.

Background[2]

            In June 1999, real parties in interest Donald Chapin, Jr., and Barbara Chapin (the Chapins) filed an application for the Project, which is located in the Prunedale area of North Monterey County.  The Project comprises a 28-lot subdivision on a 143 acre parcel and use permits for grading, connection to a mutual water system, and the removal of trees.[3]

Water Supply

            North Monterey County has two primary watersheds, the Pajaro River and the Salinas River, which, respectively, channel water into the Pajaro and Salinas sub-basins.  The Pajaro sub-basin is subdivided into three sub-areas:  Pajaro, Springfield Terrace, and Highlands North.  The Salinas sub-basin is divided into two sub-areas:  Highlands South and Granite Ridge.  The geographic delineation of sub-areas is based on both jurisdictional considerations and geological characteristics.

            Since 1952, several studies of the North Monterey County groundwater supply have revealed a significant, area-wide overdraft of groundwater.[4]  All sub-areas are in states of overdraft and require either a reduction in demand or a supplemental supply, but the severity of the overdraft in each sub-area varies due to the particular mix of uses and underlying geology.  Accordingly, the immediacy of the overdraft problem in each sub-area and the types of short-term and/or long term solutions needed to address it also vary.[5]

            The Project is located at the southern border of the Granite Ridge sub-area, which is eponymously named after a granite ridge shelf that runs from north to south but drops off as it moves south.  Prior studies indicated that this sub-area is reaching its â€