League for Protection of Oakland's Architectural & Historic Resources v. City of Oakland

Following a hearing, the trial court denied appellant’s petition for writ of mandate brought pursuant to Code of Civil Procedure section 1094.5 and Public Resources Code section 21168. Appellant argues that the trial court erred by finding that respondents are not required by the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) to prepare an environmental impact report (EIR) for approval of the demolition of the Montgomery Ward Building on East 14th Street in Oakland. We reverse the judgment, based upon our conclusion that under the governing definitions and the facts presented the Montgomery Ward Building is a historical resource, which may not be approved for demolition without preparation of an EER.

Facts

The Montgomery Ward Building is an eight-story, nine-hundred-and-fifty-thousand-square-foot store and mail-order warehouse of reinforced concrete frame and slab floors which was originally constructed in 1923. It was thereafter expanded by the addition of connected warehouse buildings and a multistory parking garage so that it occupied a “full block lot.” Although at least five separate structures were built, they are…