Napa Citizens for Honest Government v. Napa County Bd. of Supervisors (2001)

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[No. A089095. First Dist., Div. One. Sept. 4, 2001.]

NAPA CITIZENS FOR HONEST GOVERNMENT et al., Petitioners and Respondents. v. NAPA COUNTY BOARD OF SUPERVISORS, Defendant and Appellant.

[Modification of opinion (91 Cal.App.4th 342) on denial of petition for rehearing with no change in judgment.]

STEIN, Acting P.J.-

It is ordered that the published opinion, filed August 3, 2001 be modified as follows:

On page 2, the second sentence of last paragraph [91 Cal. App. 4th 353, advance report, 1st par., lines 3-6] is modified to read: "This meant, among other things, that the County was required to prepare and circulate an environmental impact report, or "EIR" an was encouraged to hold public hearings prior to certifying the EIR and adopting the 1986 Specific Plan."

On page 3, the last sentence of the second full paragraph [91 Cal. App. 4th 353, advance report, 3d par., lines 8-11] is modified to read: "At the completion of these proceedings, the County, on October 20, 1998, adopted the Updated Specific Plan, after certifying the FSEIR, which was comprised of the Draft Subsequent EIR as modified by the Supplement and the Addendum."

On page 16 [91 Cal. App. 4th 364, advance report (correction made in adv. rep.opn.)], the first sentence of the first full paragraph is modified so that the word "potential" appears in place of the word "potentially."

On page 30 [91 Cal. App. 4th 375, advance report], footnote 9, the first sentence is modified to read: "For example, Policy Guideline 2a(2) concerns the construction of three grade separated interchanges at the intersections of State Route 29 and State Route 12, State Route 221 and American Canyon Road."

In all other respects the opinion remains the same. This modification does not effect a change in judgment. The petition for rehearing is denied.

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