City of Antioch v. City Council

187 Cal. App. 3d 1325, 232 Cal. Rptr. 507, 1986 Cal. App. LEXIS 2342
CourtCalifornia Court of Appeal
DecidedDecember 16, 1986
DocketA032118
StatusPublished
Cited by40 cases

This text of 187 Cal. App. 3d 1325 (City of Antioch v. City Council) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Antioch v. City Council, 187 Cal. App. 3d 1325, 232 Cal. Rptr. 507, 1986 Cal. App. LEXIS 2342 (Cal. Ct. App. 1986).

Opinion

Opinion

KLINE, P. J.

Introduction

The City of Antioch appeals from a judgment of the Contra Costa County Superior Court denying Antioch’s petition for a writ of mandate to compel the Pittsburg City Council (City Council) to set aside its negative declaration and prepare an environmental impact report (EIR) for a proposed road and sewer construction project. Antioch contends that Pittsburg violated the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA) when it approved construction of a roadway and appurtenant utilities on the basis of the negative declaration rather than an EIR. Antioch also contends that the project is inconsistent with Pittsburg’s general plan and is therefore invalid.

Statement of the Case/Facts

Real party in interest A.D. Seeno Construction Company (Seeno), the project developer, sought a site development permit from Pittsburg and the initiation of an assessment district for the construction of a roadway and *1329 appurtenances on three parcels of land owned by it and located west of Somersville Road, north of Highway 4 in Pittsburg. The property is commonly known as the “Baker” property. 1 The project consisted of “1. Construction of ‘A’ Boulevard which will be 6,400' with an eighty-four (84) foot right-of-way and sixty-four (64) foot curb separation. 2. Widening of the west side of Somersville Road along property frontage. 3. Construction of sanitary sewer system and pump station. 4. Construction of a culvert at the [U.S. Bureau of Reclamation] open channel. 5. Construction of underground storm drain system. 6. Construction of an underground water distribution system. 7. Construction of underground utility lines.”

On July 16, 1984, Pittsburg prepared an initial study checklist regarding the project. The checklist concluded that “although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Negative Declaration will be prepared.” Attached was a one-and-one-half-page explanation as to why impacts identified in the checklist were not considered significant.

Upon the basis of the initial study checklist, Pittsburg, acting through its community development director, found that the proposed roadway was consistent with the circulation element of the general plan and that the project would not have a significant effect on the environment. The director therefore determined to issue a negative declaration. During the public review period for the negative declaration, Antioch appealed to the Pittsburg City Council.

Following a public hearing on the appeal, the City Council upheld the decision to prepare a negative declaration. The City Council found, in pertinent part, that “The project does not involve the connection of the proposed street to any other existing street. The project does not involve the construction of buildings or the introduction of any land uses that do not presently exist. The alteration of land for other than the purposes of the project and the introduction of any land use other than that now existing on the parcels described are not covered by the negative declaration proposed in this proceeding and will be the subject of separate land use and other discretionary entitlements which will be the subject of the environmental review process and separate findings as to the existence or non-existence of significant effects on the environment. . . .” The City Council also found that “there was no apparent serious public controversy concerning the project and no disagreement between experts over the significance of the effect of *1330 the project on the environment. The only comment received was from the BART District relating to the possible location in the vicinity of the project of a transit station. It did not concern environmental effects of the project.” The City Council concluded that “Based upon the foregoing findings there is no substantial evidence that the project will have a significant effect on the environment.”

On December 26, 1984, Antioch filed a petition for writ of mandate. On June 3, 1985, the superior court denied the writ, following a hearing. In a memorandum of decision, the court explained:

“I. The writ is denied. It must be found that the road is in a very large completely undeveloped area so that, if an EIR is required because of possible future development almost an infinite number of potential developments must be considered. Obviously this is an impossible task. The developer says also that until the road location is fixed it can’t plan future development because future purchasers-lessees could not commit themselves. The Court is impressed with Pittsburg’s arguments to this effect. [H] S.F. For Reasonable Growth v. S.F. [(1984) 151 Cal.App.3d 61 (198 Cal.Rptr. 634)] is distinguishable. It required, in an EIR report, that the county consider probable future development. Whitman v. Board [(1979) 88 Cal.App.3d 397 (151 Cal.Rptr. 866)] is also a writ taken from approval of an EIR report. Neither case involved a writ taken from a negative declaration. [1Í] Obviously when you are doing an EIR you must take into consideration cumulative future impacts. When you do a negative declaration knowing that when actual development plans are presented an EIR will be done, future impact consideration is unnecessary. [11] II. The evidence does not support the contention that the project is inconsistent with the General Plan.”

A timely notice of appeal followed.

Discussion

In our recent opinion in City of Livermore v. Local Agency Formation Com. (1986) 184 Cal.App.3d 531 [230 Cal.Rptr. 867], we reiterated the principles guiding review under CEQA of an agency’s decision to issue a negative declaration. As we stated, “CEQA establishes the administrative procedure of an environmental impact report. So that the environmental effect of every public agency action is assessed and evaluated (No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68, 74-75 . . .), EIRs must be prepared for all ‘projects’ that ‘may have a significant effect on the environment.’ (Pub. Resources Code, § 21151.) [H] . . . [H] The language of CEQA and its guidelines includes all discretionary projects that have a direct or ultimate impact on the environment. [1Í] In interpreting the language we are guided by our Supreme Court’s statement in Friends of Mammoth v. Board of Supervisors (1972) 8 Cal.3d 247, 259 . . ., that ‘the *1331 Legislature intended [CEQA] to be interpreted in such manner as to afford the fullest possible protection to the environment within the reasonable scope of the statutory language.’ (See also Bozung v. Local Agency Formation Com. (1975) 13 Cal.3d 263, 277-279 . . . .)” (184 Cal.App.3d at pp. 537-538.)

In determining that the impact of the project was significant enough to require preparation of an EIR in the City of Livermore

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Midcoast ECO v. Cal. Coastal Commission CA1/3
California Court of Appeal, 2024
South of Mkt. Cmty. Action Network v. City and County of San Francisco
245 Cal. Rptr. 3d 174 (California Court of Appeals, 5th District, 2019)
Citizens Coal. L. A. v. City of L. A.
237 Cal. Rptr. 3d 313 (California Court of Appeals, 5th District, 2018)
Aptos Council v. County of Santa Cruz
10 Cal. App. 5th 266 (California Court of Appeal, 2017)
East Sacramento Partnerships for a Livable City v. City of Sacramento
5 Cal. App. 5th 281 (California Court of Appeal, 2016)
Bay Area Clean Env't, Inc. v. Santa Clara Cnty.
207 Cal. Rptr. 3d 334 (California Court of Appeals, 5th District, 2016)
Bay Area Clean Environment v. Santa Clara Co.
California Court of Appeal, 2016
City of Selma v. City of Kingsburg CA5
California Court of Appeal, 2016
Town of Atherton v. California High-Speed Rail Authority
228 Cal. App. 4th 314 (California Court of Appeal, 2014)
Citizens for a Sustainable Treasure Island v. City & County of San Francisco
227 Cal. App. 4th 1036 (California Court of Appeal, 2014)
San Diego Citizenry v. Cty. of San Diego
California Court of Appeal, 2013
San Diego Citizenry Group v. County of San Diego CA4/1
219 Cal. App. 4th 1 (California Court of Appeal, 2013)
Banning Ranch Conservancy v. City of Newport Beach
211 Cal. App. 4th 1209 (California Court of Appeal, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
187 Cal. App. 3d 1325, 232 Cal. Rptr. 507, 1986 Cal. App. LEXIS 2342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-antioch-v-city-council-calctapp-1986.