Preservation Action Council etc. v. City of San Jose etc. CA6

I. INTRODUCTION

This CEQA 1 action arises from the proposal of real party in interest Almaden Corner, LLC (Almaden Corner) to build a 19-story hotel in downtown San Jose directly adjacent to the historic DeAnza Hotel. After preparing an initial study and a final supplemental environmental impact report (SEIR) pursuant to CEQA concerning the proposed hotel project and holding a hearing, the City of San Jose’s City Council (hereafter, collectively City) approved the project.

California Environmental Quality Act (Cal. Pub. Res. Code, § 21000, et. seq.) Preservation Action Council of San Jose (PAC-SJ), a nonprofit California corporation concerned with “the promotion of protection and adaptive reuse of the city’s historic resources” challenged City’s approval of the Almaden Corner hotel project by filing a petition for writ of mandamus alleging violations of CEQA’s requirements for environmental review. The trial court denied the petition for writ of mandamus and on December 3, 2020, judgment was entered in favor of respondents. In its appeal, PAC-SJ contends that the trial court erred because (1) City violated CEQA by certifying the final SEIR although the final SEIR did not…