JUDICIAL:
Cleveland Nat’l Forest Found. v. Cty. of San Diego, No. D073744, 2019 WL 3334421 (Cal. Ct. App. July 25, 2019)
Real party in interest and respondent Genesee Properties, Inc. (Genesee) sought tentative map approval from respondent County of San Diego (the County) for a 24-lot subdivision on 1416.5 acres of land in San Diego County known as the Hoskings Ranch (the property). The property is within a County-designated agricultural preserve and a majority of it is subject to a Williamson Act (also known as the California Land Conservation Act of 1965; Gov. Code, § 51200 et seq.) contract requiring that the land be restricted to agricultural and compatible uses. The County Board of Supervisors (the Board) adopted a resolution conditionally approving the tentative map, finding in part that the subdivision “will not result in residential development not incidental to the commercial agricultural use of the land” pursuant to section 66474.4 of the Subdivision Map Act (§ 66410 et seq.; the Map Act). Plaintiffs and appellants Cleveland National Forest Foundation and others (collectively, Cleveland) unsuccessfully petitioned for a writ of mandate, as well as injunctive and declaratory relief, challenging the legality of the Board’s approval. On appeal, Cleveland contends the County’s approval of the tentative map violates section 66474.4 and undermines the Williamson Act by permitting a residential, rather than agricultural, subdivision on the property and giving the property developers a valuable residential entitlement while they are still receiving a taxpayer subsidy intended for those who maintain the land in agricultural or compatible nonurban uses.
The County and Genesee jointly respond first that Cleveland’s failure to exhaust administrative remedies effectively negates the appeal, and that Cleveland has improperly raised new arguments that it did not make in the trial court during the administrative process. They argue the subdivision complies with the Map Act, Cleveland has not overcome the legal presumption that the project will sustain agricultural uses, and substantial evidence otherwise supports the Board’s findings.
Construing section 66474.4 in keeping with the land preservation goals and intent of the Williamson Act, whose principles the Legislature incorporated into that section, we conclude the Board’s finding is not supported by substantial evidence in light of the whole record. As a result, the County’s conditional approval of the proposed tentative map does not comply with the Map Act, and constitutes an abuse of discretion. The Court reversed the judgment and remanded with directions set forth below.
REGULATORY:
Notice: Rural Business-Cooperative Service, USDA; This notice is to invite applications for loans and grants under the Rural Economic Development Loan and Grant (REDLG) Programs for fiscal year (FY) 2020, subject to the availability of funding. This notice is being issued in order to allow applicants sufficient time to leverage financing, prepare and submit their applications, and give the Agency time to process applications within FY 2020. Successful applications will be selected by the Agency for funding and subsequently awarded to the extent that funding may ultimately be made available through appropriations. An announcement on the website at https://www.rd.usda.gov/newsroom/fy2020-appropriated-funding will identify the amount received in the appropriations. All applicants are responsible for any expenses incurred in developing their applications. Info HERE
60-Day notice and request for comments: Food and Nutrition Service (FNS), USDA; In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Nutrition Assessment and Tailoring Study. This new information collection will provide the U.S. Department of Agriculture, Food and Nutrition Service (FNS) with a comprehensive, detailed description of the WIC nutrition risk assessment process and the ways in which WIC clinics tailor participant benefits to address the results of the assessment. This collection will also identify specific practices or features of the nutrition services process associated with high levels of participant and staff satisfaction, reduced staff burden, and improved Program efficiency. Info HERE
Notification of submission to the Secretary of Agriculture: Environmental Protection Agency (EPA); This document notifies the public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the United States Department of Agriculture (USDA) a draft regulatory document concerning “Pesticides; Agricultural Worker Protection Standard; Revision of the Application Exclusion Zone Requirements.” The draft regulatory document is not available to the public until after it has been signed and made available by EPA. Info HERE
