Quail Botanical Gardens Foundation, Inc. v. City of Encinitas

I agree that the judgment must be reversed, but predicate that conclusion on different grounds.

The California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15070, subd. (b)(1)) provide that measures to mitigate *1608 potentially significant environmental effects are to be accomplished before the negative declaration is released for public review. Unfortunately, the City of Encinitas (City) deferred view considerations such as building height and siting and landscaping to the design stage. Reversal is required because City improperly approved the negative declaration while deferring mitigation in violation of section 15070, subdivision (b)(1). (See also Sundstrom v. County of Mendocino (1988) 202 Cal.App.3d 296, 306-307 [ 248 Cal.Rptr. 352 ]; Oro Fino Gold Mining Corp. v. County of El Dorado (1990) 225 Cal.App.3d 872, 880-881 [ 274 Cal.Rptr. 720 ].)

The majority eschews deciding this appeal on such a relatively narrow issue (see maj. opn., ante, fn. 4, p. 1605), and instead opts to abandon this court’s previous opinion in Uhler v. City of Encinitas (1991) 227 Cal.App.3d 795 [ 278 Cal.Rptr. 157 ] in favor of a standard of review “requiring a certain…

Quial Botanical Gardens Foundation, Inc. (Quail) appeals a judgment denying its petition for peremptory writ of mandate. Quail seeks to vacate the approval and certification by the City of Encinitas (City) of a negative declaration under the California Environmental Quality Act (CEQA) (Pub. Resources Code, 1 § 21000 et seq.) regarding a proposed subdivision by Beck Properties, Inc. (Beck). Quail contends the City (i) improperly approved the negative declaration, because there is substantial evidence to support a fair argument significant environmental impacts may occur if the subdivision is built as proposed; (ii) abused its discretion by failing to consider whether an environmental impact report should be required for the proposed subdivision; (iii) improperly deferred mitigation measures which should have been specifically addressed in the negative declaration; and (iv) improperly prevented Quail from refuting Beck’s testimony regarding toxic contamination on the subdivision property. Quail also contends the court erred in failing to consider posthearing evidence on the toxic contamination issue. Because we conclude there is substantial evidence supporting a fair…

WORK, Acting P.J.

Quail Botanical Gardens Foundation, Inc. (Quail) appeals a judgment denying its petition for peremptory writ of mandate. Quail seeks to vacate the approval and certification by the City of Encinitas (City) of a negative declaration under the California Environmental Quality Act (CEQA) (Pub. Resources Code, [1] § 21000 et seq.) regarding a proposed subdivision by Beck Properties, Inc. (Beck). Quail contends the City (i) improperly approved the negative declaration, because there is substantial evidence to support a fair argument significant environmental impacts may occur if the subdivision is built as proposed; (ii) abused its discretion by failing to consider whether an environmental impact report should be required for the proposed subdivision; (iii) improperly deferred mitigation measures which should have been specifically addressed in the negative declaration; and (iv) improperly prevented Quail from refuting Beck's testimony regarding toxic contamination on the subdivision property. Quail also contends the court erred in failing to consider posthearing evidence on the toxic contamination issue. Because we conclude there is substantial evidence…