La Mesa Citizens for a Clean Environment v. City Council
La Mesa Citizens for a Clean Environment (Citizens) appeals from a judgment denying its petition for a writ of administrative mandamus challenging issuance of a negative declaration under the California Environmental Quality Act (CEQA) (Pub. Res. Code, S 21000 et seq.) by the City of La Mesa and its City Council (collectively City). City approved a negative declaration for its adoption of a zoning ordinance amendment and certain design guidelines for properties within a specified area, "ZOA 03-02, Mixed-Use Overlay Zone and Design Guidelines for Mixed Use," also known as the " Mixed-Use Strategic Implementation Plan" (hereafter the project). The project would, among other things, increase the allowable residential density and remove limits for retail area in residential zoned parcels, and permit residential uses on the ground floor of properties in commercial zoned parcels. In denying Citizens' petition, the superior court ruled Citizens did not have standing to raise most of the issues presented in its writ petition because it failed to raise them during the public comment period and, as to those issues that Citizens had standing to raise, there was no substantial evidence supporting a fair argument that the project would have an adverse effect on traffic and air quality, or that it would have a cumulative impact. On appeal, Citizens contends (1) it had standing to seek judicial relief by way of its writ petition; (2) it met the requirements of exhaustion of administrative remedies; and (3) City should have prepared an environmental impact report (EIR) for the project because there is substantial evidence supporting a fair argument that the project may cause significant and cumulative environmental impacts. Although we agree Citizens did not exhaust administrative remedies as to numerous asserted environmental impacts due to the absence of sufficient objections before the close of the public comment period (S 21177, subd. (b)), court conclude that as to traffic and air quality, Citizens has demonstrated substantial evidence supporting a fair argument that the project creates a reasonable possibility of a significant effect on the environment, requiring preparation of an EIR. Accordingly, court reverse.
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