San Diegans for Open Govt. v. City of San Diego

At issue in this matter was a development by Sunroad Enterprises and Sunroad Centrum Partners L.P. (together, Sunroad) of an office, residential, and retail project in the Kearny Mesa area of San Diego. Since 1997 the City of San Diego (the City) Council has approved the area for development under a master plan and over the ensuing years has thrice assessed the project for environmental impacts as required by CEQA. In 2012, Sunroad obtained a permit from the City to begin certain phases of residential development, including constructing several multilevel buildings over parking and ground level retail space. By the next year, Sunroad modified its design plans, ostensibly to meet real estate market demands, and sought the City's approval of the modified plans through a process known as substantial conformance review (SCR). The City's staff found that the modified plans substantially conformed with the conditions and requirements of the previously issued development permit and there was no need for further environmental impact documentation under CEQA. San Diegans for Open Government and CREED-21 (together, plaintiffs) appealed the staff's decision to the City Planning Commission. Following a public hearing, the Planning Commission voted to uphold the SCR decision. The City denied plaintiffs' appeal to the City Council. Plaintiffs argued they were entitled to appeal the SCR decision to the City Council under CEQA and the San Diego Municipal Code (SDMC). The Court of Appeal disagreed and affirmed the judgment. View "San Diegans for Open Govt. v. City of San Diego" on Justia Law