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Local environmentalists suing the city and Stonegate’s developer claim the project, as approved, is inconsistent with general plan standards for greenhouse gas emissions. PHOTO BY EVAN TUCHINSKY
Inset: Stonegate (shown in orange) encompasses over 300 acres on Chico’s east edge. Check tinyurl.com/StonegateChico for detailed plans and city reports.
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valid, current, internally consistent general plan.” OL MB Based on that, NCEDC challengesH Uthe city’s E AV RR A S U NR I S E adherence to its general plan, contending the city SI E TH ST E5 H 8T “abused its discretion” by “adopting findings … E that are clearly erroneous and not supported by substantial evidence.” VE A H The group isn’t contesting the EIR, which the re e council certified as adequate, nor ao Cresolution on h ic C le E L itt Rather, it’s contestenvironmental considerations. T AV O S T Tiechert EN H ing approvals of the general plan amendments, AM Ponds CR 8T SA E rezoning and tentative subdivision map for the project—Chico’s largest in a decade, since k ee Cr authorizing Meriam Park in 2007. o c CC SS UU CC MERIAM PARK ST As stated in city reports presented to the C DOE MILL ST L D E 20TH ST H council, Stonegate “could potentially result NEIGHBORHOOD 2N 9T E E 20 TH ST E in a cumulatively considerable net increase” in air pollution in a region that already PA doesn’t meet government air quality stanRK BR AV dards. Construction, which will phase out OA T E D S W AY TH over years, will contribute; so will the addiST tion of vehicle trips to and from housing. Eco litigators sue city, developer 99 City planners wrote that “the sheer numover megaproject’s approval ber of new units and amount of commercial square footage … yield high overall emisSKYW AY sion estimates.” The EIR and approvals call e ek nc h e C r a om for mitigation measures. C The week before Christmas, when many Chicoans What the NCEDC hopes for, Harriman waded through packed store aisles and drove said, is “the 21st century planning that the city Stonegate opponents had 90 days to go to down crowded streets, a little-known group filed of Chico intended back in 2011,” when it adopted court. On Dec. 17, the deadline, NCEDC did. a lawsuit in Butte County Superior Court that the general plan. That vision favors infill and “We’re challenging the legal arguments, which strikes at the heart of local growth. mixed-use building over outward growth, as well are ripe and justifiable at this time,” Richard The Northern California Environmental LN eek as neighborhoods that encourage mass transit and AN VE Harriman, NCEDC’s general counsel, told the G A Cr Defense Center (NCEDC), based in Chico, is R HE e LE T foot power over personal cars. CN&R by phone. “That doesn’t mean we will not suing the city and development company Epick EN Harriman cited the Doe Mill Neighborhood challenge state and federal permitting at such time Homes over its Stonegate project—over 600 adjacent to Stonegate as an example, with narproposed housing units on two large parcels span- as it’s granted, or participate in it to see that condirow streets and limited parking. Others: Westside ning Bruce Road between East 20th Street and the tions are included that will result in protection of Green (now Westside Place) along Nord Avenue the environmental resources that were not protected Skyway. The 313 acres include environmentally and Walker Commons off Vallombrosa Avenue. by the majority that’s no longer on the council. sensitive vernal pools with habitat for species “This is not anti-growth—it’s not a no-growth “This action was only brought because we such as endangered Butte County meadowfoam. action,” he said. “It is a smart-growth action to had to do it within the statute of limitations [time The previous City Council, with Sean Morgan have the City Council be held to the general plan.” frame]—it’s not intended to be disparaging or as mayor and a conservative majority, approved The NCEDC is relatively new. Chico envifocused on the new council [majority], because Stonegate 4-3 on Sept. 18—an action that ronmentalists, taking the name of a defunct they didn’t have anything to do with it.” Councilman (and current Mayor) Randall Stone City Attorney Vince Ewing did not respond to group from Santa Rosa, formed a nonprofit in described as taken “literally at the eleventh hour” March 2017 to litigate local issues as the Butte because the public hearing didn’t start until 10 p.m. the CN&R by deadline. Epick Homes’ attorney, Environmental Council once did. Funding comes Scott Birkey (of San Francisco firm Cox, Castle The NCEDC isn’t suing over the council’s from donors, lawsuit partners and monies award& Nicholson), said he had “no comment at this deliberation, nor over the project site’s environed in court; Harriman also donates services. BEC mental constraints. At least not at this point in the time” on the pending litigation; Epick founder Executive Director Natalie Carter is NCEDC’s Pete Giampaoli didn’t respond by press time. development process. president and board chair. Giampaoli previously told the CN&R that Rather, the group focused its legal challenge “I am honored to have another opportunity to Epick’s vision for Stonegate is to strike a balance on claiming that the approval is inconsistent with stand up for my community and help shape our between the city’s housing needs and environthe city’s general plan: the set of policies and future,” she said. For comments on the lawsuit, mental concerns. (See “Development division,” regulations from which land-use decisions stem. Carter deferred to Harriman. Newslines, Aug. 30.) The suit homes in on sustainability elements “The reason this was brought,” he said, “was related to greenhouse gas emissions. It also that it’s important that the federal and state agenThe complaint asserts that the city broke state points to the city’s Climate Action Plan, a statecies that are considering [wildlife environmental law green-lighting Stonegate. The suit cites govmandated response to climate change that has issues] be aware that there is citizen opposition to ernment code on planning and zoning, which says targets for reducing emissions. The environmental this project.” “a local public agency may entitle a proposed impact report (EIR) determined GHG emissions to be “significant and unavoidable impacts” of the land use only if the land use is consistent with —EVAN TUCHINSKY evantu c h insk y @ newsr ev iew.c o m the goals, policies, and objectives contained in a project. V
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