Save Civita Because Sudberry Won't v. City of San Diego

I.

INTRODUCTION

The City of San Diego (City) certified an environmental impact report (EIR) for the “Serra Mesa Community Plan [SMCP] Amendment Roadway Connection Project” (Project) and approved an amendment to the SMCP and the City’s General Plan to reflect the proposed roadway.1 The proposed four- lane major road—together with a median, bicycle lanes, and pedestrian pathways—would run in a north/south direction between Phyllis Place in Serra Mesa to Via Alta / Franklin Ridge Road in Mission Valley.2 Via Alta and Franklin Ridge Road are contained within Civita, a partially built out mixed-use development that the City approved in 2008.3 Save Civita Because Sudberry Won’t (“Save Civita”) filed a combined petition for writ of mandate and complaint for declaratory and injunctive relief (Petition / Complaint) against the City, challenging the City’s certification of the EIR and approval of the Project.4 In its Petition /

The resolution approving the amendment noted that it “reconciles a conflict between the Serra Mesa and Mission Valley community plans because the Mission Valley Community Plan [MVCP] includes the street connection but the current version of [SMCP] does…