California Native Plant Society v. City of Rancho Cordova

Good Law
172 Cal. App. 4th 603·2009 Cal. App. LEXIS 430·91 Cal. Rptr. 3d 571·39 Envtl. L. Rep. (Envtl. Law Inst.) 20070
Court of Appeal of CaliforniaMarch 24, 2009C057018California16,017 words

Opinion

Opinion

Robie, J.

In this mandamus action brought by plaintiff California Native Plant Society (the Society), the trial court directed defendants City of Rancho Cordova and Rancho Cordova City Council (jointly the City) to set aside two resolutions and two ordinances relating to a residential and commercial development project known as the Preserve at Sunridge (the Project). The trial court found the City’s certification of the environmental impact report (EIR) for the Project and approval of the Project violated the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.): (1) “by improperly deferring mitigation of impacts on vernal pool and wetland habitat and associated animal species”; (2) because the “findings [in the EIR] that impact on vernal pool and wetland habitat and associated animal species had been mitigated to less than significant levels [we]re not supported by substantial evidence”; and (3) “because the EIR failed to disclose the potentially significant impact of the water supply plans for the project on fish migration in the Cosumnes River.” The trial court also found the approval of the Project violated the Planning and Zoning Law (Gov. Code, §…

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