Amador County – Jackson resident Ken Berry notified the city of Sutter Creek on Tuesday that he intends to file a lawsuit against the city council’s approval of the Gold Rush Ranch & Golf Resort on grounds that it violated state environmental law. Sutter Creek City Manager Rob Duke said Wednesday that it looked like Sutter Creek could face both a city-wide vote and a lawsuit on Gold Rush. Sutter Creek officials earlier this week received a petition seeking a referendum on city council’s decisions related to the Gold Rush, and Duke said they also received word that Berry intends to sue the city for violations of the California Environmental Quality Act. Berry filed a legally required “notice of intent to sue” with the city on Tuesday, notifying the city of his “intent to file and commence action for your failure to comply with” the California Environmental Quality Act “and planning laws, by improperly performing the required environmental analysis.” Berry’s notice said the “suit pertains to the approvals given by the Sutter Creek City Council” in a December 16, 2009 resolution “certifying the Environmental Impact Report” for Gold Rush, and a January 4th resolution “approving the Gold Rush Specific Plan, general plan amendments, and phased vesting large lot tentative subdivision map.” The filing alleges that the city did not “comply with CEQA” in 12 instances. Berry’s allegations include that the city’s “water supply assessment is inadequate,” a similar item he challenged when suing the now defunct Wicklow Way project in Jackson. The water supply assessment for Gold Rush was conducted by the Amador Water Agency. Berry’s allegations also say the Gold Rush “specific plan omits financing information,” it is not consistent with the city General Plan, and its “traffic analysis is inadequate.” He also alleges inadequacies in analyses of “alternatives”; “the feasibility of mitigation measures; and job, housing or secondary impacts. Berry’s filing also says Gold Rush “does not incorporate mitigation measures required” by the city General Plan; its “responses to comments are inadequate”; and its “statement of overriding considerations” was “not supported by substantial evidence.” Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.
Wednesday, 03 February 2010 17:00
Ken Berry Plans CEQA Suit vs. Gold Rush
Amador County – Jackson resident Ken Berry notified the city of Sutter Creek on Tuesday that he intends to file a lawsuit against the city council’s approval of the Gold Rush Ranch & Golf Resort on grounds that it violated state environmental law. Sutter Creek City Manager Rob Duke said Wednesday that it looked like Sutter Creek could face both a city-wide vote and a lawsuit on Gold Rush. Sutter Creek officials earlier this week received a petition seeking a referendum on city council’s decisions related to the Gold Rush, and Duke said they also received word that Berry intends to sue the city for violations of the California Environmental Quality Act. Berry filed a legally required “notice of intent to sue” with the city on Tuesday, notifying the city of his “intent to file and commence action for your failure to comply with” the California Environmental Quality Act “and planning laws, by improperly performing the required environmental analysis.” Berry’s notice said the “suit pertains to the approvals given by the Sutter Creek City Council” in a December 16, 2009 resolution “certifying the Environmental Impact Report” for Gold Rush, and a January 4th resolution “approving the Gold Rush Specific Plan, general plan amendments, and phased vesting large lot tentative subdivision map.” The filing alleges that the city did not “comply with CEQA” in 12 instances. Berry’s allegations include that the city’s “water supply assessment is inadequate,” a similar item he challenged when suing the now defunct Wicklow Way project in Jackson. The water supply assessment for Gold Rush was conducted by the Amador Water Agency. Berry’s allegations also say the Gold Rush “specific plan omits financing information,” it is not consistent with the city General Plan, and its “traffic analysis is inadequate.” He also alleges inadequacies in analyses of “alternatives”; “the feasibility of mitigation measures; and job, housing or secondary impacts. Berry’s filing also says Gold Rush “does not incorporate mitigation measures required” by the city General Plan; its “responses to comments are inadequate”; and its “statement of overriding considerations” was “not supported by substantial evidence.” Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it. Latest from
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