Architectural Heritage Ass'n v. County of Monterey

This appeal presents a challenge to the adoption of the mitigated negative declaration under CEQA, the California Environmental Quality Act. Under the standard that governs our review here, we conclude that the challenge has merit. We therefore reverse the judgment.

INTRODUCTION

This dispute involves Monterey County’s Old Jail, located in Salinas, California. The County of Monterey (County) intends to demolish the Old Jail. Acting through its board of supervisors, the County decided to proceed under CEQA by way of a mitigated negative declaration. Plaintiffs Architectural Heritage Association and Mark Norris challenge that decision. According to plaintiffs, there is evidence supporting a fair argument that the planned demolition will result in loss of the jail’s historic value and that the proposed mitigation measures are inadequate. Plaintiffs have pressed their claims both administratively and judicially.

To provide perspective for the procedural and substantive aspects of this dispute, we begin with an overview of CEQA.

STATUTORY BACKGROUND

CEQA embodies our state’s policy that “the long-term protection of the environment. . . shall be the guiding criterion in…