RECENT CALIFORNIA DECISIONS

August 2004

To read this entire item of approximately 1175 words online now in PDF format: Click here to read this item if you are an existing subscriber to this publication. Click here to purchase the full text of this item to read now (price: $25). To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here

Not Swayed by “Range of Alternatives—Inclusion of Alternatives” Arguments Attacking Environmental Impact Report, Court Upholds Condominium Project
Mira Mar Mobile Community v. City of Oceanside

On May 17, 2004 the Fourth District Court of Appeal rejected all of appellant/petitioners’(Mira Mar Mobile Home Community) challenges to the environmental impact report (EIR) prepared by the City of Oceanside for a 96 unit condominium project within the city’s downtown redevelopment area. The appellants in the case asserted four claims under the California Environmental Quality Act (CEQA): (1) the EIR’s alternatives analysis was inadequate; (2) the city failed to adequately analyze the impacts of the project on appellants’ views of the ocean; (3) the mitigation measures adopted by the city for biological impacts were inadequate; and (4) the city’s findings were legally inadequate and not supported by substantial evidence in the record. The court rejected all of appellants’ claims and upheld the trial court’s decision denying the requested petition for writ.