Sequoyah Hills Homeowners Ass'n v. City of Oakland

Good Law
1993 Cal. App. LEXIS 1354·23 Cal. App. 4th 704·29 Cal. Rptr. 2d 182·94 Daily Journal DAR 3732·94 Cal. Daily Op. Serv. 2002
Court of Appeal of CaliforniaNovember 30, 1993A059689California5,230 words

Opinion

Opinion

Phelan, J.

Appellant Sequoyah Hills Homeowners Association (appellant) timely appeals from denial of a petition for writ of mandate by which it sought to overturn a decision by respondent Oakland City Council to approve a housing development in the Oakland Hills. Appellant asserts that the environmental impact report (EIR) and the findings underlying the city’s approval of the project were inadequate under standards established by the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Appellant further contends that the project is inconsistent with the applicable general plan and, thus, violates the Subdivision Map Act. (Gov. Code, § 66410 et seq.) We granted the motion of the developer and real party in interest, W.P.N. Associates (WPN), to expedite this appeal. We affirm.

Factual and Procedural Background

In September 1989, WPN filed its initial request for environmental review of a proposed project to develop a 10.1-acre parcel of land which slopes downhill from Skyline Boulevard in Oakland, just north of Keller Avenue. The land is zoned R-30, which allows up to 88 new lots on the site, barring physical site restraints. Rather than seek to build…

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