Rorke v. County of Siskiyou
Filed 9/6/06 Rorke v. County of Siskiyou CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Siskiyou)
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| MICHAEL RORKE, Plaintiff and Appellant, v. COUNTY OF SISKIYOU et al., Defendants and Respondents; MOTHER McCLOUD ENTERPRISES, Real Party in Interest and Respondent. |
C049623 Sup.Ct.No. SCCVPT04583
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Real party in interest Mother McCloud Enterprises sought a use permit for commercial use of the historic Mercantile building in McCloud, including conversion of a portion of the building into a 14-room hotel. The project was opposed by plaintiff Michael Rorke on the basis that it did not comply with the parking requirements of the Siskiyou County Code. The Siskiyou County Planning Commission (the Commission) approved both the use permit and a negative declaration of environmental impact for the project, and the Siskiyou County Board of Supervisors (the Board) denied Rorke's appeal.
Rorke appeals from denial of his petition for a writ of administrative mandamus to compel the Board to set aside the use permit and the certification of the negative declaration. He contends the use permit violates the parking provisions of the Siskiyou County Code and the negative declaration violated the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) because it failed to consider the cumulative environmental impacts of increased parking. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
McCloud, California, is a small town located at the base of Mt. Shasta in Siskiyou County (the County). From 1896 until 1963 the town was owned by the McCloud River Railroad and Lumber Company, known as â€
