Revive the San Joaquin Files Lawsuits Against Madera Developments

 

The County of Madera has approved these projects completely ignoring their negative impacts to the San Joaquin River. Their reckless disregard for numerous environmental laws sets a bad precedent for Los Angeles-style sprawl and hinders progress towards a successful salmon recovery. Without challenging these approvals, we are charting a course for decades of unchecked sprawl that weakens the economy and environment of the San Joaquin Valley. 

 

Of particular concern with both projects is the lack of adequate SB 610 water supply assessments. Because of the initiation of a restoration program (www.restoresjr.net) and the changing nature of the San Joaquin River, it is very important that we identify how these projects may impact the viability of restoration efforts. The lack of clearly identified water rights, missing impact assessments for increased diversions, and omitted regulatory permissions, point to overwhelming uncertainty about the adequacy and sustainability of water supply for the projects.

 

As a region we have made great strides to provide a blueprint for new growth that protects our farmland and natural resources amidst our rapid growth and development. The University of California at Davis has been modeling the scenarios for development over the next 45 years under contract with the Blueprint. Current estimates show that we will need to develop at average densities of 10 dwelling units per acre to comply with greenhouse gas regulations, preserve farmland, and provide sensible transit solutions. The Rio Mesa project approvals average 2 dwelling units per acre even considering their high density urban cores. This is not smart growth and does little to meet the needs of our growing population. In fact, the projects give no guarantee that the higher density development areas will ever be built. We can’t put our faith in the idea that the market will do what’s best for our growth demands. We need coordinated and smart land-use plans.

 

The Rio Mesa projects, much like Millerton New Town in Fresno County, are examples of ‘new town’ development, or privately-developed rural cities in unincorporated areas. The lure of planners to approve these projects is that the planning agencies do not have to conduct or fund the infrastructure, and there are not as many land-use hurdles as it is bare land usually under single ownership. Land-use policy for these ‘new towns’ is vague and lacking consistency. In Fresno County they are considered Planned Developments and are administratively exempt from many General Plan policies, lumped into an administratively exempt category with mobile home parks.  

 

 

Revive filed suit against Madera and the Tesoro Viejo project specifically because Tesoro’s Environmental Impact Report (EIR) failed to adequately address environmental impacts, as required by CEQA, especially as to those of water supply and water quality.   Tesoro’s project is also inconsistent with the goals and objectives found in Madera County’s General Plan. The project’s EIR and Water Supply Assessment (WSA) also failed to adequately comply with the California Water Code’s requirements for water supply regulatory approvals, permits, and regional cumulative impacts. Finally, Revive’s lawsuit charges Madera County with pattern and practice violations. Madera County has repeatedly ignored CEQA and has engaged in a pattern and practice of inadequately evaluating development impacts in Southeast Madera County.

 

Revive also filed a legal challenge against Madera’s approval of the Northshore at Millerton Lake Specific Plan, General Plan Amendment, rezoning, Infrastructure Master Plan, Water Supply Assessment, and Northshore’s EIR. Northshore did not demonstrate a sustainable water supply yield nor provide an adequate assessment of water quality impacts. As with Tesoro, Northshore also failed to comply with the California Water Code and did not provide sufficient information for how the development is going to finance water supply infrastructure.

 

In this legal action, Revive the San Joaquin, the Dumna Tribe, and the Madera Oversight Coalition call for a declaration that the Madera County approvals are void and both projects must comply with the law. Furthermore, our lawsuit is asking that Madera County be directed to draft and implement new policies on environmental impact analysis consistent with CEQA, the Government Code, the Water Code, the Constitution, and all other applicable laws, train the County planner in these new requirements, publicize the new policies, and subject each new project to the new policies and procedures.