The Colusa County Board of Supervisors on Tuesday filed a lawsuit against the City of Colusa and Colusa Industrial Properties (named as a party of interest), asking the court to order the developer to cease construction until a hearing could be held to determine if the expanded housing project near the airport needs additional environmental review.
County officials said they were in full support of the Colusa Industrial Park housing project as originally approved, but were concerned that increasing the number of houses to be built northwest of the Colusa County Airport from 84 to 180 units, without completing a new Environmental Impact Report, could result in negative consequences to the environment and public safety.
“We’re simply requesting that a proper environmental review be conducted on this substantially changed project,” said Chairman Merced Corona, in a news release issued by the county Tuesday afternoon.
The CIP project was originally proposed in 2007, when it consisted of both high-density residential units (condominiums), single family homes, improvement to the golf course, and various office space.
In 2008, the Airport Land Use Commission found the project – which was then located in Colusa County’s jurisdiction – inconsistent with airport operations, but were overruled by the Board of Supervisors, who approved the project contingent upon certain mitigation measures, including widening the flight path corridor; ensuring future homeowners were notified of the potential impacts of airport operations on their property (noise); and other measures that ensure development would not cause negative impacts on schools, streets, parks, and law enforcement, among other recommendations.
Following the annexation of property into the City of Colusa in 2015, the Planning Commission and City Council, in 2016, approved a development agreement and subdivision map amendments that added more single-family homes, but eliminated the multi-residential units, thus resulting in a net reduction in the number of people that would be living in the development.
However, the Airport Land Use Commission, which the county said was not properly notified of the amendments when they were proposed, determined in 2021 that given the substantial changes, “The new project was inconsistent with the Board of Supervisors’ original approval in 2008, and the additional entitlements triggered ALUC review pursuant to the requirements of the Airport Land Use Compatibility Plan,” the news release states.
The ALUC maintained through three intense public hearings before the Colusa City Council, between September and November, that the project – currently in construction – is not compatible with airport operations and is inconsistent with the Commission’s plan.
The Colusa City Council overruled the ALUC on Nov. 2, and permitted the project as it is currently proposed to move forward.
Ed Hulbert, Colusa Industrial Properties chief executive officer, declined to comment on the lawsuit Tuesday until he has had a chance to fully review the county’s complaint.
City Manager Jesse Cain and City Attorney Ryan Jones could not be reached for comment before the Pioneer Review’s print deadline.
In November, the Colusa City Council determined that, while some procedural processes regarding the ALUC process were skipped, the housing project as currently proposed was well vetted in both 2014 and 2018, public notices had been properly published, notices of the changes were sent to the airport manager, property owners within 300 feet of the project were notified, and multiple public hearings were held.
Colusa County officials, in a news press release, said they are requesting the court to issue an injunction to block further development, until the City of Colusa provides a detailed explanation on how the city has complied with the adopted mitigation measures.
“The environmental consequences of this expanded project, coupled with the safety concerns for the community and the impacts to the Colusa County Airport, are far too great to not be properly studied,” the release stated.
The date of the hearing has not yet been made public, according to the Colusa County Superior Court’s website. ■