Re: City of Benicia vs. Valero (with UP mixed in)
Author: mook
Date: 07-23-2016 - 13:19
I look forward to Bob's comments too. But having just read through it I have to compliment the lawyers - unusually clear and well-written for a legal document. And based on my past experience with CEQA stuff I'd say they got it right: the Use Permit is for something to be done by Valero, on its property in the city, and not directly targeting UP. As the City points out, the Planning Commission had sufficient reason based on local impacts to deny the permit; the Council would like guidance as to how they could deal with indirect impacts related to the additional oil trains beyond the site if they desire to approve the project. There are several approaches suggested.
Valero of course would like to have the whole process terminated by saying that if they want to do anything that's served by UP it's exempt from local regulation. Numerous precedents were cited by the City that argue against that option.
Anyway - read it; it's not horrible legalese, and quite logically laid out even if at the end it does get into the weeds a bit regarding scheduling and further review. I'm sure (if they're smart) that whoever is looking at Phillips' project in SLO County is watching this, too.