Citizens' Committee to Complete the Refuge v. City of Newark

BACKGROUND

In the early 1990s, the City’s general plan allowed for low- density housing, a business park, a golf course, and other recreational facilities and uses in the City’s Areas 3 and 4, which are located next to San Francisco Bay.2 The general plan acknowledged that development in Area 4 would have impacts on wetlands containing the salt marsh harvest mouse (harvest mouse), which is an endangered species. The general plan stated that development in Area 4 would require a specific plan. In 2010, the City certified an environmental impact report (EIR) on the specific plan for Areas 3 and 4, approved the specific

2 We grant appellants’ unopposed request for judicial notice of portions of the City’s 1992 and 2013 General Plans. (Evid. Code, § 452, subds. (b) & (c); The Park at Cross Creek, LLC v. City of Malibu (2017) 12 Cal.App.5th 1196, 1200, fn. 2.) We deny as unnecessary their requests for judicial notice of a 2007 report by the Intergovernmental Panel on Climate Change and the appearance and size of several plants mentioned in the administrative record.

2 plan for Areas 3 and 4, and entered into a development agreement for the specific plan. The specific plan allowed…