California Native Plant Society v. City of Santa Cruz

McADAMS, J.

This case arises under the California Environmental Quality Act (CEQA). [1]

Acting through its city council, respondent City of Santa Cruz (City) approved a master plan for Arana Gulch, a City-owned greenbelt property. In approving that project, the City certified an environmental impact report (EIR). As acknowledged in the EIR and in findings made by the City, the project will have a significant effect on the habitat of the Santa Cruz tarplant due to the chosen alignment of a multiuse trail. The City nevertheless found that overriding considerations warranted approval.

Claiming CEQA violations, appellants California Native Plant Society and Friends of Arana Gulch petitioned the superior court for a writ of mandate, naming as respondents the City and its city council. The court denied the petition. On appeal, appellants continue to press their claim that the City violated CEQA by failing to properly analyze feasible alternatives to the project, particularly an offsite location for the east-west multiuse trail. [2]

We find no violation of CEQA's procedural mandates. We also find substantial evidence in the administrative record to support the City's actions. We…

This case arises under the California Environmental Quality Act (CEQA). 1

Acting through its city council, respondent City of Santa Cruz (City) approved a master plan for Arana Gulch, a City-owned greenbelt property. In approving that project, the City certified an environmental impact report (EIR). As acknowledged in the EIR and in findings made by the City, the project will have a significant effect on the habitat of the Santa Cruz tarplant due to the chosen alignment of a multiuse trail. The City nevertheless found that overriding considerations warranted approval.

Claiming CEQA violations, appellants California Native Plant Society and Friends of Arana Gulch petitioned the superior court for a writ of mandate, naming as respondents the City and its city council. The court denied the petition. On appeal, appellants continue to press their claim that the City *968 violated CEQA by failing to properly analyze feasible alternatives to the project, particularly an offsite location for the east-west multiuse trail. 2

We find no violation of CEQA’s procedural mandates. We also find substantial evidence in the administrative record to support the City’s actions. We…

Although I agree with the result reached in the majority opinion, I write separately to explain why I find appellants’ contentions unavailing.

I. Background

Arana Gulch is a parcel of more than 60 acres of real property owned by the City of Santa Cmz (the City). The project proposed by the City is the Arana Gulch Master Plan (the Plan). The Plan is designed to serve two sets of key objectives. The City wants to protect the natural resources and sensitive habitat in Arana Gulch while providing a high level of public access that will permit the City to educate not only pedestrian visitors but also disabled visitors about resource protection through interpretive displays and programs. To provide the highest level of public access to Arana Gulch, the Plan proposes the creation of a trail system that will include a multiuse, paved, ADA-compliant, 1 east-west through trail that will connect the adjacent communities and allow for pedestrian, wheelchair, and bicycle access.

The City’s environmental impact report (EIR) for the Plan concludes that the proposed multiuse trail could have a significant impact on biological resources, as it would pass through an area that possibly contains a…