North Pacifica, LLC. v. City of Pacifica

ORDER GRANTING PLAINTIFF’S MOTION TO RECONSIDER ITS PRIOR ORDER (Docket No. 50) AND GRANTING DEFENDANT’S MOTION TO DISMISS (Docket No. 8)

I. FACTUAL SUMMARY AND PROCEDURAL HISTORY

A. First Amended Complaint

This suit by North Pacifica, LLC (hereinafter referred to as “North Pacifica”) arises out of alleged violations of law by the City of Pacifica in its handling and processing of North Pacifica’s Development Permit Application for the construction of twenty-four (24) residential units in an area known as the “Bowl.” The Permit Application was filed on July 31, 1999.

After lengthy delays in obtaining an application completion date from the City, North Pacifica filed in the San Mateo Superior Court, a Petition for a Writ of Administrative Mandate and/or Traditional Mandate on November 9, 2001, challenging the June 5, 2001 date of completion of the application deemed by the City, a date which permitted the City to avoid violation of laws governing the completion of an Environmental Impact Report. SAC ¶ 53. On December 10, 2001, North Pacifica also filed in San Mateo County, a complaint against the City claiming: [1] denial of substantive Due Process; [2] denial of Equal…