Ocean Street Extension Neighborhood etc. v. City of Santa Cruz
Opinion
Opinion
INTRODUCTION
In 2010, real parties in interest, Richard Moe, Ruth Moe, Craig Rowell,
and Corinda Ray,1 applied to the City of Santa Cruz for design and planned development permits and a tentative map to construct a 40-unit development with 10 four-unit buildings on a parcel of land located at 1930 Ocean Street Extension. Following an initial mitigated negative declaration and years of litigation surrounding the impact of the nearby crematory at Santa Cruz Memorial Park, in 2016, the real parties in interest renewed their interest in moving forward with their project. As required by the California
Environmental Quality Act (CEQA) (Pub. Resources Code,2 § 21000 et seq.), the project applicant and the City of Santa Cruz prepared and circulated the initial study, the draft environmental impact report (EIR), the partially recirculated draft EIR, and the final EIR. Following a public hearing, the city council adopted a resolution to certify the EIR and to adopt Alternative 3, a 32-unit housing project. The Ocean Street Extension Neighborhood Association (OSENA) filed a petition for writ of mandamus, alleging the City of Santa Cruz and its city