Sacramentans for Fair Planning v. City of Sacramento

*704 Plaintiff Sacramentans for Fair Planning contends the City of Sacramento violated zoning law and the California Environmental Quality Act ( Pub. Resources Code, § 21000 et seq. (CEQA)) when it approved entitlements for real party 2500 J Owners, LLC, to construct a high-rise condominium building in the City's Midtown area. The project was not consistent with the general plan and zoning code standards for building intensity and height. But the City approved it pursuant to a general plan policy authorizing more intense development than zoning otherwise allowed if the project provided a significant community benefit.

The City also conducted a streamlined CEQA review. CEQA authorizes the less intense review for a type of residential mixed-use development such as the proposed project which, because of its proximity to mass transit services, may help reduce regional greenhouse gas emissions by generating less use of motor vehicles.

In a petition for writ of mandate, plaintiff argued that approving the project under the general plan policy violated constitutional law and an implied-in-law zoning contract that required identical uses in a zoning district to be treated uniformly and…