Ocean View Estates Homeowners Ass'n v. Montecito Water District
Opinion
Opinion
Gilbert, J.
A water district wishes to cover a reservoir. It issues a mitigated negative declaration (MND). The MND fails to identify and discuss significant environmental impacts. A homeowners association brings a writ of mandate to compel the water district to prepare an environmental impact report (EIR) for its project. The trial court denies the petition.
Here we hold, among other things, mitigation measures taken after a MND is issued do not satisfy the California Environmental Quality Act (CEQA) (Pub. Res. Code, § 21000 et seq.) requirements. We reverse.
FACTS
The Ortega Reservoir is located in the Santa Barbara County community of Summerland. It provides potable water for, among other entities, the Montecito Water District (District). The District is responsible for maintaining the reservoir’s water quality. The Department of Health Services has encouraged the District to cover the reservoir to prevent water quality problems. In 1998, the District decided to cover the four-acre reservoir with an aluminum roof.
The District, as the lead agency for the purposes of environmental review, ordered an initial study of the project’s environmental impacts. The study found flooding…