Lee v. City of Lompoc

Does the California Environmental Quality Act apply to a city council’s decision to call for a special election to have the electorate decide whether to amend a general plan and zoning ordinance? We hold it does not.

Steven C. Lee and Anthony Marvin Armas appeal from a judgment denying issuance of a writ of mandate. They brought this action to challenge the adequacy of environmental review for the Diversified Shopping Center Project (DSC Project). This project required dedication to commercial uses of a significant portion of the City of Lompoc’s Central Avenue Specific Plan (CASP), previously set aside for industrial and business park purposes but being used for agricultural purposes. The city had an environmental impact report (EIR) prepared upon which public hearings were held. Appellants opposed the project at various proceedings before the city’s planning commission and city council on both the EIR and the project itself. The planning commission recommended denial of the amendments being considered by the city in conjunction with the DSC Project. After certifying the final EIR as complete, the city council deadlocked on the proposed land use amendments. To resolve…