Madera Oversight Coalition, Inc. v. County of Madera

Bad Law
131 Cal. Rptr. 3d 626·199 Cal. App. 4th 48·2011 Cal. App. LEXIS 1187·41 Envtl. L. Rep. (Envtl. Law Inst.) 20286
Court of Appeal of CaliforniaSeptember 13, 2011No. F059153California20,782 words

Opinion

Lead Opinion

Dawson, J.

*58 Opinion

This is the second appeal involving a petition for writ of mandamus challenging the County of Madera’s (County) approval of the Tesoro Viejo mixed-use development project. (See Chawanakee Unified School Dist. v. County of Madera (2011) 196 Cal.App.4th 1016 [ 126 Cal.Rptr.3d 859 ] [matter remanded for issuance of writ directing County to analyze certain impacts related to traffic and construction].) Here, the trial court granted a petition for writ of mandamus on the ground that the discussion in the environmental impact report (EIR) concerning the project’s water supply was inadequate and, as a result, violated the California Environmental Quality Act (CEQA).

Plaintiffs appealed, contending the EIR’s discussion of historical resources of an archaeological nature, traffic impacts, and cumulative impacts also violated CEQA. Defendants cross-appealed, contending the discussion of water supply in the EIR was adequate and a writ of mandate should not have been issued. The substantive disputes between the parties involve various questions concerning the scope of the administrative record and the admission of extra-record evidence.

We reach the following conclusions.…

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