First District Court of Appeal Upholds County’s Decision to Issue Ministerial Permit Exempt from CEQA
The California Supreme Court denied a request for depublication in Sierra Club v. County of Sonoma (2017) 11 Cal.App.5th 11, on July 26, 2017. As a result, the First District Court of Appeal’s decision finding against Sierra Club and Center for Biological Diversity is citable precedent.
The case involved a challenge to Sonoma County’s decision to issue a vineyard development permit. The County treated the permit as a ministerial approval exempt from CEQA review. Project opponents argued that the vineyard development permit contained enough subject standards to confer discretion on the County. The First District Court disagreed.
The decision to issue the vineyard development permit was based on a 69-item checklist. A few minor corrections and clarifications were made in the permit application, but none of the provisions which might have conferred discretion upon the County were applicable in this case. Thus, the decision to issue the vineyard development permit in the case before the Court was ministerial.