SAVE OUR CARMEL RIVER v. MONTEREY PENINSULA WATER MANAGEMENT...
SAVE OUR CARMEL RIVER v. MONTEREY PENINSULA WATER MANAGEMENT DISTRICT Part II
SAVE OUR CARMEL RIVER v. MONTEREY PENINSULA WATER MANAGEMENT DISTRICT Part II 07:25:2006
SAVE OUR CARMEL RIVER v. MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
Filed 6/23/06; pub. & mod. order 7/21/06 (see end of opn.)
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
SAVE OUR CARMEL RIVER, et. al.,
Plaintiffs and Appellants,
v.
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT, et. al.,
Defendants and Respondents.
H029242
(Monterey County
Super. Ct. No. M 72061)
Story continue from Part I……
Appellants contend that the project in this case is the transfer of the water use credit from the Foam Street property to the City of Monterey. Foursome argues that this is too narrow a definition of the project. Foursome points out that under the Guidelines definition, a â€
Description
City abused discretion in determining that water credit transfer from demolished commercial building site to city--which would hold credits in reserve until architectural plans for new site were completed and then retransfer credits to developer for use at new site--was categorically exempt from California Environmental Quality Act under Class 2 exemption for replacement of an existing structure or facility where developer submitted no plans, reports, or proposals with application for water credit transfer showing a replacement structure would be built on same site as demolished building and would have same purpose and capacity as demolished building. Water district's approval of credit transfer was not supported by substantial evidence where district based approval on city's exemption determination and failed to consider cumulative impacts transfer could have on water supply as expressly required by its rules.
