Coalition for Student Action v. City of Fullerton

Two individuals and an unincorporated association appeal a judgment denying a petition for writ of mandate to compel respondent public entities to set aside approval of plans to construct a 12-story, 200-room hotel and conference center on the campus of California State University, Fullerton, and to improve and expand the existing football/soccer stadium and baseball field. Petitioners’ challenge was based on respondents’ alleged violations of the California Environmental Quality Act (CEQA). Petitioners claimed no CEQA violation at the administrative level, however, and may not do so for the first time in a petition for writ of mandate. Thus, we affirm the judgment without reaching the merits of the appeal.

I

In compliance with the California Administrative Code, title 14, section 15080, the City of Fullerton prepared “Initial Studies” in October and November 1982 “to determine if the project[s] may have a significant effect on the environment.” The initial study for the hotel project determined there were no significant environmental effects and a negative declaration would be appropriate (Pub. Resources Code, § 21080, subd. (c)(1) ). The initial study for the sports…