Mejia

Mejia v. City of Los Angeles

Good Law
130 Cal. App. 4th 322·2005 Cal. App. LEXIS 974·2005 Daily Journal DAR 7181·29 Cal. Rptr. 3d 788·2005 Cal. Daily Op. Serv. 5264
Court of Appeal of CaliforniaMay 27, 2005B174453California6,605 words

Opinion

Opinion

Croskey, J.

Maria Mejia challenges the approval by the City of Los Angeles of a residential development project in the Sunland area and the city’s adoption of a mitigated negative declaration under the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.). She appeals a judgment denying her petition for writ of mandate, arguing several grounds for error. We conclude that substantial evidence supports a fair argument that the project will have significant, unmitigated environmental impacts on animal wildlife and traffic, so a mitigated negative declaration was improper. We therefore reverse the judgment with directions to the superior court to grant the petition and issue a writ of mandate ordering the city to vacate its project approval and mitigated negative declaration and to cause an environmental impact report (EIR) to be prepared.

FACTUAL AND PROCEDURAL BACKGROUND

1. Application for a Tentative Tract Map and Project Approval

California Home Development, LLC (California Home), applied to the city in June 1999 for approval of a tentative tract map to subdivide 17 acres of land along Wheatland Avenue in the Shadow Hills community. The property…

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