2010-07-15 / Front Page

Court rules for County on Camp Wawona issue

The Fifth District Court of Appeals has ruled in the case of Citizens for the Protection and Preservation of Wawona versus Mariposa County. That decision “overwhelmingly affirmed” the County’s environmental review and approval of the Camp Wawona project.

The ruling is something Mariposa County Counsel Steve Dahlem called “remarkably detailed” which reviewed every alleged violation of the California Environmental Quality Act (CEQA) and the planning and zoning law raised by the citizen group.

The court found that the Environmental Impact Report (EIR) certified by Mariposa County adequately analyzed the environmental impacts of the project, including ground water usage, Wild and Scenic Rivers Act plan consistency, traffic on Scenic Drive, noise and sewage. The court also ruled that Mariposa County required adequate mitigation measures to deal with such things as special-status plant and animal species, trees, hazardous materials, traffic, lighting and fire emergency access.

The citizens’ group had raised nine more mitigation measures, which are conditions in the conditional use permit. The court found that those were not required to be part of the EIR. The appellate court did not agree with the citizens that the EIR was inadequate because it did not include, among other project alternatives it analyzed, a smaller version of the redeveloped camp.

Finally, the ruling includes that the project is consistent with Mariposa County’s general plan provisions on ground water usage, sewage output, and fire safety. It also ruled that the conditional use permit for the project conforms with the zoning ordinance regarding open space, physical suitability of the site, sewage and solid waste, disposal and potable water, buffers, site access, and health, safety, morals and general welfare. The 20- year construction period has adequate mitigation and consistency with the general and specific plans, according to the court’s ruling.

“In rejecting each and every argument made by the citizens, the court of appeal upheld the thoroughness of the County’s environmental review of the Camp Wawona project,” Dahlem said on Monday.

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