The Pocket Protectors v. City of Sacramento

Good Law

124 Cal. App. 4th 903·2004 Cal. App. LEXIS 2074·2004 Daily Journal DAR 14524·21 Cal. Rptr. 3d 791·34 Envtl. L. Rep. (Envtl. Law Inst.) 20150

Court of Appeal of CaliforniaDecember 7, 2004C046247California12,372 words

Opinion

Sims, J.

Plaintiff The Pocket Protectors, an unincorporated association, appeals from the denial of its petition for writ of mandamus under the California Environmental Quality Act (CEQA) (Pub. Res. Code, § 21000 et seq.; undesignated section references are to the Public Resources Code). The Pocket Protectors seek the preparation of an Environmental Impact Report (EIR) for a residential project called The Islands at Riverlake proposed by real party in interest Regis Homes of Northern California, Inc. (Regis). Defendant Sacramento City Council voted to approve the project with a mitigated negative declaration (MND), overriding rejection of the project by the city planning commission. Agreeing with The Pocket Protectors that substantial evidence exists to support a fair argument the project may have a significant effect on the environment, we shall reverse.

FACTUAL AND PROCEDURAL BACKGROUND

The history of the project site

The proposed project occupies 20.6 acres of undeveloped land in the Pocket area, a region of 4.5 square miles within the City of Sacramento (City). The project site consists of separate narrow parcels running roughly a mile altogether on both sides of Pocket…

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Parties

POCKET PROTECTORS
Plaintiff
CITY OF SACRAMENTO
Defendant

Judges

Sims

Cites (38)

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13 Cal. 3d 263
47 Cal. 3d 376
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