Alliance of Concerned Citizens Organized for Responsible Dev. v. City of San Juan Bautista

Good Law
240 Cal. Rptr. 3d 477·29 Cal. App. 5th 424
Court of Appeal of CaliforniaNovember 26, 2018H044410California10,678 words

Opinion

lead Opinion

Elia, J.

*482 *430 The Alliance of Concerned Citizens Organized for Responsible Development (ACCORD) filed a petition for writ of mandate and complaint for injunctive relief (petition) against the City of San Juan Bautista (City) and its city council (City Council) (together, respondents) to challenge the approval of a proposed project that consisted of a fuel station, convenience store, and quick serve restaurant on The Alameda near the intersection of State Route (SR) 156 and the adoption of a mitigated negative declaration (MND) for the project. Among other things, the petition sought to force respondents to vacate project approvals and compel the preparation of an Environmental Impact Report (EIR) under the California Environmental Quality Act (CEQA) ( Pub. Resources Code, § 21000 et seq. ). 1

On March 14, 2016, the trial court granted a so-called "Peremptory Writ of Mandate of Interlocutory Remand for Reconsideration of Potential Noise Impacts" (March 2016 decision), which required respondents to set aside the resolutions, reconsider the significance of the project's potential noise impacts, take further action consistent with CEQA, and file a return to the writ. ACCORD did not…

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