SANTA MONICA CHAMBER OF COMMERCE v. City of Santa Monica

Good Law
101 Cal. App. 4th 786·124 Cal. Rptr. 2d 731·2002 Cal. App. LEXIS 4573·2002 Daily Journal DAR 10002·2002 Cal. Daily Op. Serv. 7981
Court of Appeal of CaliforniaAugust 29, 2002B151761California6,387 words

Opinion

Opinion

Croskey, J.

The Santa Monica Chamber of Commerce and Daniel L. Ehrler (collectively Chamber of Commerce) sued the City of Santa Monica (City) under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA), after City failed to prepare an environmental impact report (EIR) before adopting legislation that created a large, residents-only, permit-required parking district (PPZ, for preferential parking zone).

The trial court denied Chamber of Commerce’s petition for a writ of mandamus directing City to prepare the EIR before adopting the legislation, and Chamber of Commerce appeals. We conclude that the legislation is exempt from the requirements of CEQA, no exceptions to the exemption apply, and thus, the trial court did not err by denying Chamber of Commerce’s petition for a writ of mandate. Accordingly, we affirm.

Factual and Procedural Background

On November 14, 2000, City adopted Resolution No. 9596 (the legislation). This resolution established “Preferential Parking Zone XX” (PPZ XX), an approximately 26-acre, permitted-parking zone. It provided that for 19 hours a day, seven days a week, from 7:00 a.m. to 2:00 a.m., only vehicles displaying a…

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