Tull v. >Yuba >County>























Filed 2/7/13
Tull v. Yuba County CA3











NOT TO BE
PUBLISHED







California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.











IN THE COURT OF APPEAL
OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yuba)

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>

FOREST TULL et al., Petitioners and Appellants, v. YUBA COUNTY et al., Defendants and Respondents; A. TEICHERT & SON, INC., Real Party in Interest and Appellant.	C068607 (Super. Ct. No. 03-000774) ORDER MODIFYING OPINION AND DENYING REHEARING [CHANGE IN JUDGMENT]
FOREST TULL et al., Plaintiffs and Appellants, v. YUBA COUNTY et al., Defendants and Respondents; A. TEICHERT & SON, INC., Defendant and Appellant.	(Super. Ct. No. 07-000762)

THE COURT:

The
opinion in the above matter, filed January
11, 2013,
is modified
as follows:

On page 40, delete the last sentence of the
first full paragraph and replace it with the following:



Also, the Tulls contend
the new turn lane in the middle of State Road 20 that the County plans for
queuing Teichert trucks that turn onto the haul road is inadequate to protect
residents when turning onto their properties because it eliminates the
safe-harbor lane currently used by residents.


On pages 62 to 63, delete the paragraphs under
the heading “DISPOSITION” and replace them with the following:



The judgment is reversed
and the matter remanded to the trial court to:
(1) grant Forest and Bobbie Tulls’ and the Kibbe Area Planning and
Protection Association’s second amended supplemental petition for writ of
mandate and complaint for declaratory and injunctive relief on grounds that the
final environmental impact report violates the California Environmental Quality
Act by failing to properly assess alternate routes, analyze traffic noise and
vibration, and describe hydrology and drainage impacts of the project;
(2) deny the Tulls’ challenge to the adequacy of the final Environmental
Impact Report’s analysis of traffic safety impacts arising out of locating the
private haul road at the Kibbe Road and State Road 20 intersection;
(3) order Yuba County to rescind its Environmental Impact Report
certification, the reissued grading permit, and the newly issued encroachment
permit for A. Teichert & Son, Inc.’s, private haul road to the Kibbe Road
and State Road 20 intersection until a final Environmental Impact Report is
properly certified; (4) dismiss the Tulls’ challenge to Yuba County’s
issuance of a vested rights letter under the Surface Mining and Reclamation Act
(Pub. Resources Code, § 2710 et seq.) to A. Teichert & Son, Inc., for
its Hallwood mine site; and (5) declare invalid Yuba County ordinance 11.10.580 to
the extent that it conflicts with California Code of Regulations,
title 13, section 15090, subdivision (a).



The trial court shall
retain jurisdiction over this action by way of a return to the writ of mandate
demonstrating that Yuba County has rescinded its invalid Environmental Impact
Report certification, reissued grading permit, and the newly issued grading
permit, and project approvals, after which Yuba County shall exercise its
independent judgment as to how to proceed.
(Pub. Resources Code, § 21168.9, subd. (b).)



Forest and Bobbie Tull and the
Kibbe Area Planning and Protection Association shall recover their costs on
appeal. (Cal. Rules of Court, rule
8.278(a)(3) & (5).)

This modification changes the judgment.

The petitions for rehearing are denied.





BLEASE , Acting P.J.







NICHOLSON , J.







HOCH , J.