LANDWATCH MONTEREY CO. v. County of Monterey

Charles J. McKee, City Counsel, Efren N. Iglesia, Senior Deputy County Counsel,

Salinas, CA, for Defendants and Respondents The City of Palo Alto et al.

John S. Bridges, Mark A. Cameron, David C. Sweigert, Fenton & Keller, Monterey, CA, for Real Parties in Interest and Respondents Don Chapin et al.

RUSHING, P.J.

In this case, Landwatch Monterey County (Landwatch) claims that the approval of a subdivision project with a mitigated negative declaration (MND) violates the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) [1]

On May 4, 2004, the Monterey County Board of Supervisors (Board) approved the Cathrein Estates Subdivision and Combined Development Project (Project) and adopted a MND. Landwatch challenged the Board's decision in a petition to the superior court for a writ of mandate. Landwatch claimed the Project posed potentially significant adverse environmental impacts that required the preparation of an environmental impact report (EIR). The trial court denied the petition. Landwatch now appeals from the judgment.

Landwatch renews its claim, arguing that approving the Project with an MND, instead of preparing and EIR, violates CEQA…