Citizens for Responsible Equitable Environment Development v. City of San Diego
196 Cal. App. 4th 515
| Cal. Ct. App. | 2011Background
- CEQA challenge to City of San Diego’s certification of an addendum to the 1994 FEIR for Pardee’s Playa del Sol development.
- WSA prepared by City water department in April 2008 concluded water supplies adequate for 20-year period.
- Addendum discussed and incorporated the WSA; City concluded SEIR unwarranted due to no new significant impacts.
- Public notices and hearings occurred; CREED submitted cursory objections and a voluminous DVD without clear organization.
- CREED filed a petition for writ of mandate on June 4, 2009 alleging CEQA violations and lack of SEIR.
- Trial court denied relief, finding exhaustion issues and merits against CREED; City’s addendum treated as equivalent to WSA approval.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether WSA procedure satisfied Water Code requirements | CREED argues improper approval of WSA | City argues addendum certification equates to WSA approval | WSA approval deemed equivalent to certification of the addendum |
| Whether CREED exhausted administrative remedies | CREED exhausted via CEQA hearings | CREED failed to present drought with specificity | Exhaustion required; CREED failed to exhaust |
| Whether drought/new information required SEIR | Drought constitutes new information necessitating SEIR | No new information; addendum adequate | No SEIR required; record supported addendum |
| Whether greenhouse gas/climate change data required SEIR | Climate data/new info mandate SEIR | Information was known; no new info | SEIR not required; exhausted weaknesses bar relief |
| Standard of review in CEQA appeals | Review deferential; substantial evidence supports agency decision |
Key Cases Cited
- Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova, 40 Cal.4th 412 (Cal. 2007) (CEQA review deferential standard; WSA guidance applied)
- Newhall Pass Water District v. City of Santa Clarita, 161 Cal.App.4th 1464 (Cal. App. 2008) (WSA timing and agency roles; WSA informational, not final)
- Sierra Club v. City of Orange, 163 Cal.App.4th 523 (Cal. App. 2008) (Exhaustion requires specific objections to premises)
- Bakersfield Citizens for Local Control v. City of Bakersfield, 124 Cal.App.4th 1184 (Cal. App. 2004) (Exhaustion prerequisite; specificity of issues necessary)
- Mani Brothers Real Estate Group v. City of Los Angeles, 153 Cal.App.4th 1385 (Cal. App. 2007) (Burden to show new information or changed circumstances)