Bozung v. Ventura County Local Agency Formation Commission

(Still being edited)

Completing its initial trio of far-reaching CEQA rulings, the California Supreme Court ruled CEQA required an EIR prior to agency approval of a proposed city annexation that would pave the way for proposed large-scale future urban development; Court emphasizes the importance of early EIR preparation in land use decision-making process/

Without preparation and consideration of an Environmental Impact Report (EIR), the Ventura County Local Agency Formation Commission (LAFCo) had approved the annexation of the 677 acre Bell Ranch for the proposed development of a 10,000-person "mini-city." The City of Camarillo and the LAFCo argued that an EIR was not required at that early stage in the land use planning process, that the information in it would only be repeated in later EIRs, and that an EIR before the LAFCo would be "wasteful and uninformative."

CLIPI lawyers contended that the LAFCo decision whether to approve an annexation is a key point in the land use decision-making process and can itself have important environmental consequences. In its 1975 ruling, the Supreme Court agreed with CLIPI observing, "The purpose of CEQA is not to generate paper, but to compel government at all levels to make decisions with environmental consequences in mind."

Two years later, the proposed annexation application returned to the Ventura LAFCo, this time with a full EIR. The EIR showed that the proposed urbanization of the Bell Ranch would:

• Replace hundreds of acres of "highly productive" and "economically viable" prime agricultural land with urban residential uses, depriving Ventura County of jobs and tax revenues averaging about $1.2 million annually, and contributing to the deterioration of adjacent agricultural lands

• Require very heavy public expenditures for construction of new schools, sewage systems, roads and fire and police facilities.

• Many alternative development sites within the existing Camarillo city limits presented far fewer adverse environmental impacts and no necessity for developing new fringe area infrastructure

Several LAFCo Commissioners recognized the importance of the EIR in their decision. One noted that information of the sort marshaled in the EIR required the Commissioners to look at the facts objectively, "not as politicians," and to vote in accord with the purpose of the laws. The final vote against the annexation was unanimous.

Besides its obvious importance in stopping a dramatically large urban sprawl project, the Bozung decision has had an enormous influence in the way LAFCos go about making their decisions. As the regional agency authorized to approve or disapprove city and special district formations and annexations, LAFCos exercise very important powers. CEQA provides them with information about the many ways those decisions may have very practical (albeit indirect) environmental and infrastructure impacts.