East Sacramento Partnerships for a Livable City v. City of Sacramento

Good Law
2016 Cal. App. LEXIS 963·209 Cal. Rptr. 3d 774·5 Cal. App. 5th 281
Court of Appeal of CaliforniaNovember 7, 2016C079614California9,401 words

Opinion

Opinion

Duarte, J.

Real party in interest Encore McKinley Village, LLC (Encore), proposed to construct the McKinley Village Project (the Project), a 328-unit residential development on a 48.75-acre site located in East Sacramento and bounded on the south and east by Union Pacific Railroad tracks and on the north and west by the Capital City Freeway. The City of Sacramento (City) certified the Project’s environmental impact report (EIR) and approved the Project.

East Sacramento Partnerships for a Livable City (ESPLC), a neighborhood group, appeals from denial of its petition for a writ of mandate and complaint for declaratory and injunctive relief to set aside the City’s approval of the Project. ESPLC contends the City violated the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) when it approved the Project because (1) the Project description is defective; (2) there was illegal piecemealing; (3) the EIR failed to analyze significant health risks; (4) the EIR ignored significant traffic impacts; and (5) the EIR failed to disclose or mitigate methane migration. Further, ESPLC contends the Project is inconsistent with the City’s general plan.

We find merit…

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