Chaparral Greens v. City of Chula Vista

Baldwin Builders and certain of its affiliates (collectively, Baldwin) submitted to the City of Chula Vista (City) and the County of San Diego (County) (collectively, Respondents) a proposed plan to create a residential community in southwestern San Diego County. Respondents ultimately certified a program environmental impact report (PEIR) for the project under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq., CEQA). Chaparral Greens and Daniel Tarr (collectively, Chaparral Greens) challenged the certification by filing a petition for peremptory writ of mandate in the trial court. Chaparral Greens contended the resolutions approving the PEIR were void and a new PEIR was needed to address deficiencies in the original; Chaparral Greens also sought an order enjoining the Respondents from issuing any land use or zoning approvals until Respondents complied with the requested writ.

Prior to trial, the court granted motions by Baldwin and Respondents to exclude live testimony by Chaparral Greens’ factual and expert witnesses, permitting only declarations and other evidence on specified subjects. After three days of hearings, the court denied the…