City of Santee v. County of San Diego

The City of Santee and others (collectively Santee) appeal from a judgment denying their petition for writ of mandate and injunctive relief. Santee seeks to compel the County of San Diego (County), by and through its board of supervisors (Board), to set aside its certification of an environmental impact report (EIR) for the temporary expansion of the Las Colinas Detention Facility (Las Colinas) in the City of Santee for failing to prepare the EIR as required by the California Environmental Quality Act (CEQA).

We find the EIR was inadequate because: (1) it fails to accurately describe the project and discuss the anticipated future uses of the “temporary” project and the environmental effects of those uses, and (2) the discussion of the alternatives is inadequate under CEQA.

Because the EIR is invalid, a new EIR must be prepared, submitted for public review and comment, and certified in accord with CEQA procedures. We decline, however, to order the County’s present activities at the temporary expansion site stayed pending certification of a new EIR.

I

Factual and Procedural Background

On February 11, 1986, the Board declared that a state of emergency existed in the…