Judge puts brakes on Oakley development
by Samie Hartley
Oct 08, 2009 | 614 views | 6 6 comments | 9 9 recommendations | email to a friend | print
Plans to develop land off of East Cypress Road has been put on hold after a county judge ruled the environmental impact report for the project was incomplete.<br><i>Press file photo</i>
Plans to develop land off of East Cypress Road has been put on hold after a county judge ruled the environmental impact report for the project was incomplete.
Press file photo
slideshow
The Contra Costa County Superior Court has halted Oakley’s plans to develop thousands of acres of farmland as part of the East Cypress Corridor Specific Plan, ruling that the environmental impact report (EIR) for the project is still incomplete.

Last week Judge Barry Baskin ruled in favor of Greenbelt Alliance, a San Francisco-based environmental group that sued the city in order to protect the agricultural land that it claims would be sacrificed as part of the development.

“Inexplicably, the City failed to consider a reasonable range of mitigation measures or potentially feasible alternatives to lessen the impact to important farmland,” Baskin wrote in his ruling.

Greenbelt Alliance has been challenging this project for several years. The group initially challenged the EIR in 2006, suggesting that the city failed to approve a complete EIR, violating the California Environmental Quality Act in the process. The court ruled in 2007 that the city was in compliance for the most part, but it needed to do more to protect air quality and prime farmland. The council voted to approve a second EIR this past March, which Greenbelt Alliance challenged in July.

The judge ruled that the new EIR addresses the air quality matter, but adequate mitigation must be made to make up for the farmland that would be lost.

City Manager Bryan Montgomery said the ruling is disappointing, but the city will work with developers to comply with environmental regulations and move the project forward: “We thought land preservation was adequately covered in the EIR, but the judge ruled otherwise. The land in question isn’t prime farmland. There are no crops growing there. It’s mainly used as a grazing area for cows.”

Montgomery said he’s unsure how the city will proceed in light of the new ruling. It might appeal the ruling or conduct a third EIR, but city staff will need to meet with developers first.

Greenbelt Alliance Field Representative Christina Wong wrote in a press release last week that she was pleased with the judge’s decision: “This is a huge victory for the Bay Area and the state, because cities will have to protect farmland. They can’t just disregard environmental concerns.”

“We can’t continue to eat up farmland,” said Greenbelt Alliance Executive Director Jeremy Madsen. “We need local places to grow food to be sustainable. It’s time to drop ill-conceived plans to build on the greenbelt. Instead, we must create great neighborhoods within our cities and towns and protect our farms.”

The East Cypress Corridor Specific Plan is designed to urbanize rural areas on both sides of East Cypress Road in the Hotchkiss Tract area by the addition of approximately 5,000 housing units, shopping centers, three schools, a fire station, parks, trails and manmade lakes.

comments (6)
« anonymous wrote on Friday, Oct 09 at 08:19 PM »
Cow's in Oakley....Cow's grow on FARM's to.
« Oakley Family wrote on Thursday, Oct 08 at 10:01 AM »
The city council in Oakley is OUT OF CONTROL. Residents are not asked if THEY want all of the growth and restrictions the city council seems to keep slipping through the back door. Between the grotesque high rise apartments and attempts to build a huge power plant, something has to be done to stop them. It seems they are so driven by GREED for tax dollars they don't care that they are RUINING our little city ! Many of us moved here BECAUSE Oakley WAS a small town !
« anonymous wrote on Thursday, Oct 08 at 06:58 AM »
« Captain Gort wrote on Thursday, Oct 08 at 06:58 AM »
Bravo!

That's 5000 less cars jamming over-packed highway 4 and 680 as they commute from jobless Oakley all the way into the Bay Area...and a whole bunch less fuel burned and smog, too. When will we EVER learn?

« Farmland wrote on Wednesday, Oct 07 at 10:31 PM »
Development of this area of the Delta is an atrocity and should be stopped, bravo! This is the last place that should be developed with cookie-cutter Monopoly homes.

« anonymous wrote on Wednesday, Oct 07 at 03:58 PM »
Whats sad is that the City was allowed to annex this properety in the first place. LAFCO didn't even required municipal reviews for the critical services such as police and fire let alone water.

Postings are not edited and are the responsibility of the author. You agree not to post comments that are abusive, threatening or obscene. Postings may be removed at the discretion of thepress.net.