Citizens for Responsible Equitable Environment Development v. City of San Diego

This is an action under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.). Citizens for Responsible Equitable Environmental Development (CREED) challenges the City of San Diego’s (the City) certification of an addendum to a 1994 final environmental impact report (FEIR) for a residential development by Pardee Homes (Pardee). 1 CREED contends reversal is required because the City did not follow the statutory procedure in adopting a water supply assessment (WSA) required by the Water Code and CEQA, and new information on drought and the effect of greenhouse gas emissions on climate require a supplemental environmental impact report (SEIR). We affirm the judgment. CREED failed to exhaust administrative remedies, and even if that were not the case, we would find against it on the merits.

FACTUAL AND PROCEDURAL BACKGROUND

In 1994 the City certified the FEIR for a precise plan, a 664.8-acre mixed-use development within the Otay Mesa Community Plan area. The precise plan anticipated the construction of more than 4,000 dwelling units allocated among several planning areas. In 2008 Pardee applied to the City for the approval of a planned…