Creed 21 v. City of San Diego CA4/1

Good Law
184 Cal. Rptr. 3d 128·2015 Cal. App. LEXIS 147·234 Cal. App. 4th 488
Court of Appeal of CaliforniaJanuary 29, 2015D064186California12,585 words

Opinion

Opinion

McDONALD, J.

Defendant City of San Diego (City) appeals a judgment granting the petition of plaintiff CREED-21 (CREED) for injunctive and other relief for violation of the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) relating to emergency storm drainage repair and revegetation projects in La Jolla. On appeal, City contends (1) the trial court erred by setting the CEQA baseline for the revegetation project as of 2007 prior to the issuance of a 2010 emergency permit for the emergency storm drain repair project; (2) the court erred by finding CREED had standing to challenge the prior CEQA emergency exemption for the emergency storm drain repair project; (3) City submitted substantial evidence to support its finding the regular permits for the re vegetation project were exempt from CEQA; (4) CREED did not carry its burden to show an exception applied to the exemption for the revegetation project; (5) the court erred by finding CREED was denied due process of law when City did not timely disclose a document requested under the California Public Records Act (CPRA) (Gov. Code, § 6250 et seq.); and (6) the court erred by denying City’s request for…

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