Florin-Vineyard Gap Community Plan Area in Sacramento County
Update: Our brief was filed September 21. Our trial date is December 9 in Dept. 33, Sacramento County Superior Court.
Sacramento County approved the Florin-Vineyard Gap Community Plan December 14, 2010, over objections of Friends of the Swainson's Hawk. Our objection (see links to letters below) -- a formula for assessing impacts on Swainson's Hawk that is inconsistent with California Environmental Quality Act; it requires only a Swainson's Hawk mitigation ratio of about one quarter of standard policy. The project area is acknowledged to be Swainson’s Hawk foraging and nesting habitat. We are suing the County to enforce a legal requirement of the California Environmental Quality Act -- that a project environmental baseline in an Environmental Impact Report is based on actual land use and biological assessment, not zoning or what the land could be used for.
The Florin-Vineyard Gap Community Plan project (proposed project) site consists of approximately 3,766 acres, located south of the City of Sacramento and north of Elk Grove, in the southeastern area of Sacramento County (west of Bradshaw). The planning area consists primarily of non-native annual grasslands, as well as agricultural lands, irrigated pastures, vernal pool/swales, seasonal wetlands, emergent marshes, ponds, channels, trees/shrubs, and urban areas. More than 2,490 of these acres were zoned for agricultural use, including agricultural/ residential. The remainder is mostly vacant grassland zoned for industrial and industrial reserve. The primary agricultural usage in the FVGCP area is livestock grazing on rangeland. Additional agricultural uses include: a dairy operation, oat/hay production, irrigated pasture for horses; as well as fruit, nut, and bamboo orchard,
On March 8, several projects were approved by the County Board of Supervisors with mitigation based on this faulty plan. FOSH has filed suit against the Plan and nine projects with inadequate mitigation programs in this plan area. FOSH has provided a settlement offer to the County to avoid litigation, but the offer has not been accepted nor countered. FOSH is requesting donations to help fund the cost of the ensuring that Swainson's Hawk is heard in court.
During spring of 2011, volunteers conducted several surveys of the plan area and found Swainson's Hawks foraging in various locations in the Plan area.
Our Announcement of Litigation filing and request for help from supporters January 19
News Release 1/18/11- Friends of the Swainson's Hawk vs. Sacramento County
FOSH Legal Counsel letter on the Draft Environmental Impact Statement
FOSH Legal Counsel letter on the Final Environmental Impact Statement
FOSH letter to the Board of Supervisors, Hearing of December 14, 2010
To find out how to donate to the litigation cost, click here.