Mira Monte Homeowners Assn. v. County of Ventura

Mira Monte Homeowners Association and Craig Brainard appeal from a judgment denying their petition for writ of mandate. Appellants seek to compel respondent “County of Ventura, by and through its Board of Supervisors” to set aside its certification of an environmental impact report (EIR) and its associated tentative tract map approval for failing to prepare a subsequent or supplemental EIR as required by the California Environmental Quality Act (CEQA) They further seek to prevent respondent and the real parties in interest, Eugene Webb and Richard McGee (the developers), from carrying out the project until CEQA’s requirements are met. This court issued a temporary stay order staying the Board’s approval of tentative tract map No. 3720 pending final disposition of this appeal.

We reverse the judgment.

Facts

The proposed project which is the subject of this appeal involves the subdivision of a 22.89-acre tract into residential lots and construction of modular homes. The site contains a fragile wetland area and vernal pool, which is a small hardpan-floored depression that fills with water during the winter and engenders plant growth as it dries. It is the location of rare…