California Oak Foundation v. County of Tehama

California Oak Foundation (COF), a nonprofit corporation, appeals after the denial of its petition for a writ of administrative mandamus to overturn approval of a project and associated environmental impact report (EIR) by respondents County of Tehama (the County) and the Tehama County Board of Supervisors (the Board; collectively, Tehama). The project approved is a “specific plan” (Gov. Code, § 65450 et seq.) for residential and commercial development on a parcel of approximately 3,320 acres adjacent to Interstate Highway 5 between Red Bluff and Redding—namely, the Sun City Tehama Specific Plan.

COF contends that Tehama erred by incorrectly applying California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21050 et seq.) requirements for mitigation of significant effects on the environment and that the trial court erred in denying COF’s motion to include in the administrative record documents the County claims are subject to attorney-client privilege. In the published portion of this opinion we reject the contention of error in upholding the claim of privilege. In the unpublished portion, finding partial merit as to an issue of mitigation of one impact, we…