San Diego Citizenry Group v. County of San Diego CA4/1

Good Law
161 Cal. Rptr. 3d 447·2013 Cal. App. LEXIS 680·219 Cal. App. 4th 1·2013 WL 4517758
Court of Appeal of CaliforniaJuly 30, 2013D059962California9,742 words

Opinion

Opinion

Nares, J.

Starting in 2006, defendant County of San Diego (County) began exploring ways to encourage the growth of local grapes and the wine industry in the eastern region of the county by adopting regulatory amendments streamlining the winery approval process and allowing small boutique wineries “by right.” As part of this process, the County Board of Supervisors (BOS) certified a final environmental impact report (FEIR) under the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) for the Tiered Winery Zoning Ordinance Amendment project (Project). Finding the Project might have significant, unmitigated environmental impacts, the BOS adopted a statement of “overriding considerations” for the Project.

Plaintiff San Diego Citizenry Group (SDCG) is a corporation that was formed to oppose the Project. In opposing the Project, SDCG asserted the FEIR was insufficient. After the County approved the FEIR, SDCG filed a petition for writ of mandamus, seeking to compel the County to rescind the Project, decertify the FEIR, and set aside its Project-related approvals and findings. The court denied the petition.

On appeal, SDCG asserts the FEIR (1) had an…

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