Koi Nation of N. Cal. v. City of Clearlake

Filed 3/14/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

KOI NATION OF NORTHERN

CALIFORNIA,

Plaintiff and Appellant, A169438, A169805

v. (Lake County Super. Ct. CITY OF CLEARLAKE, No. CV423786) Defendant and Respondent.

These consolidated appeals concern a project to build a four-story hotel on a 2.8 acre parcel in the City of Clearlake and extend a road about 0.2 miles from its current endpoint westward to Old Highway 53. The City approved the project after adopting a mitigated negative declaration under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq., CEQA1). The Koi Nation of Northern California (Koi Nation), a California Native American tribe that is affiliated with the area of the project, filed a petition for writ of mandate challenging the approval based on allegations that the City failed to comply with CEQA, including provisions added to CEQA by Assembly Bill No. 52 (2013-2014 Reg. Session) (Assem. Bill No. 52). As stated by the Legislature, this bill was intended to “[e]stablish a…