Banker's Hill, Hillcrest, Park West Community Preservation Group v. City of San Diego

In this appeal we are asked to decide whether respondent City of San Diego (the City) properly determined that the proposed development of a 14-story residential building is exempt from the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) under a categorical exemption for urban in-fill development projects set forth in the Guidelines for Implementation of CEQA (Guidelines) adopted by the Secretary of the California Resources Agency (the Secretary). (Guidelines, § 15332.)

For the reasons set forth below, we affirm the judgment.

I

FACTUAL AND PROCEDURAL BACKGROUND

Real parties in interest and respondents, developers Mi Arbolito, LLC, and 1700 Investors, LLC, and architect Martinez + Cutri Corporation (collectively, the Developer) propose to construct a 14-unit, 14-story multifamily residential building at 3415 Sixth Avenue in San Diego, with underground parking (the Project). The site of the Project is a 10,247-square-foot vacant lot located on the northeast comer of Sixth Avenue and Upas Street, which is zoned for multiresidential use. Across the street from the Project is the north west comer of Balboa Park—an approximately 1,100-acre…