Ass'n for Protection of Environmental Values v. City of Ukiah
Opinion
Opinion
Kline, J.
Introduction
Association for the Protection of Environmental Values in Ukiah (Association) appeals the judgment of the Mendocino County Superior Court denying Association’s petition for a peremptory writ of mandate and permanent injunction compelling respondent City of Ukiah (City) to rescind its determination that a residence built by real parties in interest Bill and Tami Rainer was categorically exempt under the California Environmental Quality Act (CEQA). Association sought to compel City to “conduct a thorough environmental analysis to determine whether the project may have a significant effect on the environment” and to stop all construction of the home pending such environmental review.
Association contends on appeal: (1) City abused its discretion in determining that the project was categorically exempt; (2) City failed to make required findings supporting the categorical exemption; (3) City failed to make adequate findings in granting a site development permit for the construction project and this issue was not waived by Association’s failure to raise it below; (4) Association exhausted its administrative remedies.