Fairbank

Appellant Patricia Ann Fairbank filed a petition for writ of mandate in the trial court seeking to overturn an approval by respondents, the City of Mill Valley and the Mill Valley City Council, of a commercial building project proposed by real parties in interest, Jack Lee and Christine Lum. The trial court concluded there was substantial evidence for the city’s findings that the project is exempt from the requirements of the California Environmental Quality Act, Public Resources Code section 21000 et seq. (CEQA or the Act), and that it complied with the city’s general plan and zoning ordinance. Accordingly, the trial court denied Fairbank’s petition.

In her appeal, Fairbank argues that the city and trial court misinterpreted the so-called “Class 3” categorical exemption for small commercial structures, which is found in section 15303, subdivision (c), of the Guidelines for Implementation of CEQA (Cal. Code Regs., tit. 14, § 15000 et seq. (Guidelines)). Fairbank further contends that there is no substantial evidence to support the city’s findings as to the applicability of this CEQA exemption or the project’s compliance with the general plan and zoning…