Citizens

City of Alameda (the City) initiated a redevelopment project involving both the rehabilitation of the historic Alameda Theatre and the construction of an adjacent multiscreen cineplex and parking structure. The project is being carried out pursuant to an agreement between the City and a developer, real party in interest Alameda Entertainment Associates, L.P. (Alameda Entertainment Associates). The City determined that the project did not require preparation of an environmental impact report (EIR) under the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq., and instead adopted a mitigated negative declaration. Citizens for a Megaplex-Free Alameda (Citizens), an unincorporated association, subsequently filed a petition for writ of mandamus against the respondents alleging that the City’s failure to require preparation of an EIR for the project violated CEQA. Citizens now appeals from the judgment of the Alameda County Superior Court denying its petition.

The central issue in this appeal is whether the City’s actions are governed by the “fair argument” standard drawn from section 21151 or by section 21166, which provides that no…