Sequoyah Hills Homeowners Ass'n v. City of Oakland

23 Cal. App. 4th 704, 29 Cal. Rptr. 2d 182, 94 Cal. Daily Op. Serv. 2002, 94 Daily Journal DAR 3732, 1993 Cal. App. LEXIS 1354
CourtCalifornia Court of Appeal
DecidedNovember 30, 1993
DocketA059689
StatusPublished
Cited by67 cases

This text of 23 Cal. App. 4th 704 (Sequoyah Hills Homeowners Ass'n v. City of Oakland) 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.

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Sequoyah Hills Homeowners Ass'n v. City of Oakland, 23 Cal. App. 4th 704, 29 Cal. Rptr. 2d 182, 94 Cal. Daily Op. Serv. 2002, 94 Daily Journal DAR 3732, 1993 Cal. App. LEXIS 1354 (Cal. Ct. App. 1993).

Opinion

*709 Opinion

PHELAN, J.

Appellant Sequoyah Hills Homeowners Association (appellant) timely appeals from denial of a petition for writ of mandate by which it sought to overturn a decision by respondent Oakland City Council to approve a housing development in the Oakland Hills. Appellant asserts that the environmental impact report (EIR) 1 and the findings underlying the city’s approval of the project were inadequate under standards established by the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Appellant further contends that the project is inconsistent with the applicable general plan and, thus, violates the Subdivision Map Act. (Gov. Code, § 66410 et seq.) We granted the motion of the developer and real party in interest, W.P.N. Associates (WPN), to expedite this appeal. We affirm.

Factual and Procedural Background

In September 1989, WPN filed its initial request for environmental review of a proposed project to develop a 10.1-acre parcel of land which slopes downhill from Skyline Boulevard in Oakland, just north of Keller Avenue. The land is zoned R-30, which allows up to 88 new lots on the site, barring physical site restraints. Rather than seek to build the full 88 units permitted by zoning regulations, WPN “pre-mitigated” the project by proposing to build only 46 homes. The project, “Oak Knoll Vista Estates” (the Oak Knoll project), was to abut the backyards of homes on Surrey Lane.

The proposed project and several of the alternatives considered by city officials included a plan to use a loop-road design to efficiently group the lots together, with approximately one quarter of the parcel alloted to a “conservation easement” to provide a “buffer of natural untouched land between the subdivision and its neighbors.” This design was also intended to eliminate problems of having the project homes front directly on Skyline Boulevard, including traffic congestion that might otherwise result from homeowners backing their cars onto Skyline from their driveways. The stated objective of the project sponsor was to “develop a community of single-family residences which is compatible with surrounding land uses and *710 which optimize ¡>¿c] the scenic and topographic features of the site,” which would also be “the least expensive single-family housing for the vicinity.”

On March 1, 1990, the city planning department informed WPN that an EIR would be required for the proposed project. The DEIR was prepared and submitted to the planning department in December 1990. The DEIR thoroughly analyzed the project proposal and identified several significant adverse environmental impacts that would result from the development, all but one of which could be avoided or mitigated to a level below significance. As to that impact, on “visual resources and visual quality,” the DEIR states that “the visual quality would be significantly affected by any substantial development,” and that “[sjome visual impact is unavoidable.” However, the DEIR also analyzed the problem thoroughly and concluded that architectural and site design elements, as well as sensitive materials selection, could be relied upon to substantially reduce many of the visual impacts.

The DEIR also included discussion of several project alternatives, including: (1) a no-project alternative; (2) an increased density alternative, under which 63 duet dwellings would be built on the site; (3) a mitigated alternative, under which 45 homes would be built, the conservation easement widened, an emergency access road installed, and a variety of architectural design changes and landscaping techniques utilized to mitigate the visual impacts of the project; and (4) a decreased density alternative under which 36 units would be built on wider lots that would decrease the need for grading and improve emergency access, but as to which the “visual impacts would be similar to the proposed project.” After stating that the developer had rejected the decreased density alternative because the houses would necessarily be more expensive than those of the proposed project, the DEIR declares that the mitigated alternative would be “environmentally superior” to the proposed project because “significant and unavoidable impacts to visual resources and visual quality are reduced as much as may be possible at the project density.”

The Oakland Planning Commission held five public hearings to receive comments on the project during the period from January through June 1991. The FEIR, which was completed by April 15, 1991, incorporates many of those comments and the city’s responses to the significant environmental points raised thereby. As is obvious from the DEIR and FEIR, and the transcripts of the planning commission hearings, the range of comments received was voluminous. Notably, the planning commission had extensive input from the opponents of the proposed project, especially those homeowners residing on Surrey Lane immediately adjacent to the project site.

*711 After considering the information presented, the planning commission voted on June 26, 1991, to certify the PEER as having been completed in accordance with CEQA, and to adopt the recommendations and findings contained in the staff report of the same date. Among the commission’s findings were the following: (1) specific mitigation measures should be required as conditions of approval of the project; (2) the identified mitigation measures would avoid (or mitigate to levels below significance) all of the significant environmental effects identified in the FEIR, except the unavoidable visual impact associated with the project; (3) the only way the visual impact could be significantly reduced would be to “substantially reduce” the number of proposed lots; and (4) the benefits of the proposed project outweigh the unavoidable adverse environmental impact in that the project “will promote the City’s efforts to increase the supply of housing available in the City while continuing to support careful residential land development in the Oakland Hills area.”

After a lengthy debate about proposals for reducing the number of lots to address the neighbors’ continuing concerns about drainage and visual impact, the planning commission also voted to recommend approval of the subdivision map application for a tract including 45 lots. In this regard, the planning commission made findings, as required by the Subdivision Map Act, as follows: (1) the project is consistent with the density permitted by zoning regulations; (2) the project density (1 unit per 9,796 square feet of land) exceeds the density designated for the area (1 unit per 10,000+ square feet of land) in the “Illustrative Future Land Use” map contained in the Oakland Comprehensive Plan (OCP); 2 (3) nevertheless, the project density is “appropriate” under OCP policies, which provide that the land use classifications are flexible and that the city will prefer a relatively higher density for a given project where certain conditions are met; and (4) all of the relevant conditions are met in this case. Accordingly, the planning commission recommended approval (under specified conditions) of a tentative map for the 45-unit “mitigated alternative” described in the EIR.

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23 Cal. App. 4th 704, 29 Cal. Rptr. 2d 182, 94 Cal. Daily Op. Serv. 2002, 94 Daily Journal DAR 3732, 1993 Cal. App. LEXIS 1354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sequoyah-hills-homeowners-assn-v-city-of-oakland-calctapp-1993.