Downtown Fresno Coalition v. City of Fresno CA5

INTRODUCTION

This is an appeal from a judgment of the Superior Court of Fresno County denying the writ petition of appellant Downtown Fresno Coalition (Coalition). The Fulton Mall (Mall) in the heart of downtown Fresno is comprised of “ ‘city streets,’ or portions thereof, on which vehicular traffic is . . . restricted in whole or in part and which . . . [are] used exclusively or primarily for pedestrian travel.” (Sts. & Hy. Code, § 11006.) Respondent City of Fresno (City) seeks to “reconstruct [the] Mall as a complete street by reintroducing vehicle traffic lanes . . . .” Pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.)1 and the Guidelines,2 City prepared a draft environmental impact report (EIR) for this proposed Fulton Mall Reconstruction Project (Project). Following circulation of the draft EIR for public review and completion of a final EIR, the Fresno City Council (City Council) certified the final EIR, made written findings for each significant environmental effect identified, and approved the Project on February 27, 2014. Coalition challenged these actions and petitioned for a writ of mandamus on March 28, 2014. After a…