Citizens

Citizens for Responsible & Open Government v. City of Grand Terrace

Good Law
160 Cal. App. 4th 1323·73 Cal. Rptr. 3d 202
Court of Appeal of CaliforniaMarch 13, 2008E041493, E042092California6,191 words

Opinion

Opinion

Gaut, J.

Real party in interest, Corporation for Better Housing (Better Housing), appeals from the granting of a petition for writ of mandate in favor of Citizens for Responsible and Open Government (Citizens) under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) In its petition, Citizens requested the trial court to overturn the decision of the Grand Terrace City Council approving Better Housing’s project (Project) with a mitigated negative declaration and requiring Better Housing to prepare an environmental impact report (EIR). The Project, located on Grand Terrace Road, consists of a 120-unit senior housing facility; a one-story, approximately 6,500-square-foot community senior center; and a four-acre public park.

Better Housing contends Citizens failed to present substantial evidence of a fair argument that the Project’s increase in population density, building height, and noise from air conditioners would present significant environmental impacts. Better Housing complains that the mitigation measures were not taken into account in evaluating the Project. We reject Better Housing’s contentions and affirm the judgment.

In a second appeal…

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