![]() City of Bakersfield (2004) 124 Cal.App.4th 1184, which found that two Walmart EIRs failed to adequately disclose the health consequences of air pollution generated by the projects. The Decision: The Court of Appeal for the Fifth Appellate District looked to its prior decision in Bakersfield Citizens for Local Control v. The Superior Court denied petitioner’s CEQA and general plan inconsistency claims, and petitioner appealed. The County approved the project and certified the EIR with a statement of overriding consideration. The air quality analysis concluded that, even with the EIR’s proposed air quality mitigation, the project’s emissions would exceed the County’s air quality thresholds, and would therefore create an unavoidable significant air quality impact. The EIR’s air quality section accurately identified the existing poor air quality environmental setting in Fresno County, calculated the annual tons of PM10, reactive organic gases (ROG), and nitrogen oxides (NOx) that the project would emit at build-out, and generally described the adverse health effects associated with each of these pollutants. Compliance with the court’s new correlation requirement could be onerous and expensive and because it sets a new standard, it could provide new avenues for litigation.įacts: The County of Fresno certified an EIR prepared for a proposed master-planned “active adult” community for persons aged 55 or older in north central Fresno County, known as the Friant Ranch project. Please visit FresnoCount圜A. for County public records requests.įor Sheriff's Office public records requests, please visit: it matters: The court refined its previous test for air quality impacts analysis under CEQA, and required recirculation of an EIR due to its failure to specifically analyze the impacts on human health resulting from the change in air quality due to the project’s air emissions. Please use the below links to make a Public Records Request of the County of Fresno. The County of Fresno is not required to prepare new records in response to a request, or to compile, synthesize, summarize, or index information or records in a form that does not exist at the time of the request. ![]() The Public Records Act provides disclosure of existing identifiable records. The Public Records Act provides for public access to records the County of Fresno generates, as well as records created by others that the County of Fresno has in its possession. Pursuant to Government Code section 6252(e), public records “includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form of characteristics.” Printed and photocopied documents, internal and external correspondence, handwritten notes, computer data, electronic files, and audio and video recordings are all public records subject to disclosure unless they fall within an exemption. The Public Records Act broadly defines ’public records’ to include written and recorded records, unless the Public Records Act or other law exempts the records from disclosure. The California Legislature has declared that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in California, as set forth in Article 1, Section 3 of the California Constitution and the California Public Records Act (Gov’t.
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