Preserve Wild Santee v. City of Santee

INTRODUCTION

Preserve Wild Santee, Center for Biological Diversity, and Endangered Habitats League, Inc. (collectively, plaintiffs), challenged the certification by the City of Santee (City) of a final environmental impact report (EIR) for a development project in the City’s Fanita Ranch area (project), claiming the project failed to comply with the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) in several respects. 1 The trial court found merit to one claim—that there was insufficient evidence to support the EIR’s conclusion the project’s fire safety impacts were less than *268 significant. The trial court issued a limited writ of mandate (limited writ) directing the City to bring this aspect of the EIR into compliance with CEQA and stayed further activities on the project until the City did so. The trial court subsequently determined plaintiffs were the prevailing parties in the litigation and awarded them costs under Code of Civil Procedure section 1032, subdivision (b), as well as attorney fees under Code of Civil Procedure section 1021.5.

On appeal, plaintiffs reassert several claims raised below, including that the EIR…