Citizens Planning Ass'n v. City of Santa Barbara
Opinion
Lead Opinion
Coffee, J.
The City of Santa Barbara (City) approved the development of 25 single-family homes. The project was to be constructed by real parties in interest and appellants, Peak-Las Positas Partners and its managing partner, Mark Lee (Las Positas). The City and Las Positas wished to provide access to the development via construction of a concrete bridge and roadway, which would create a significant (Class I) environmental impact to Arroyo Burro Creek.
Citizens Planning Association and Santa Barbara Urban Creeks Council (CPA) filed a petition for a writ of mandamus, requesting the trial court to enjoin the development. CPA alleged that voter approval was required before construction could begin. Pursuant to the city charter (City Charter), the City may not encumber parkland without a vote, and the bridge and roadway would cross over City-owned parkland. The trial court agreed, and issued a peremptory writ of mandate enjoining development until the matter could be placed on the ballot. We affirm.
FACTS
On December 19, 2006, the City approved a development project known as Veronica Meadows. It involved construction of 25 two-story homes ranging from 1,800 to 4,500 square feet. The…