Sacramento Old City Assn. v. City Council

• Decision Date: 30 April 1991
• Citation: 229 Cal.App.3d 1011,280 Cal.Rptr. 478
• Court: California Court of Appeals Court of Appeals
• Parties: SACRAMENTO OLD CITY ASSOCIATION, et al., Plaintiffs and Appellants, v. CITY COUNCIL OF SACRAMENTO, Defendant and Respondent. Civ. C007769.

Page 478

280 Cal.Rptr. 478

229 Cal.App.3d 1011

SACRAMENTO OLD CITY ASSOCIATION, et al., Plaintiffs and Appellants, v. CITY COUNCIL OF SACRAMENTO, Defendant and Respondent.

Civ. C007769.

Court of Appeal, Third District, California.

April 30, 1991.

Rehearing Denied May 28, 1991.

Review Denied Aug. 22, 1991.

Law Offices of Kathryn Burkett Dickson, Kathryn Burkett Dickson, Oakland, for plaintiffs and appellants.

Evelyn M. Matteucci, Deputy City Atty., Sacramento, for defendant and respondent.

DeCRISTOFORO, Associate Justice, Assigned. ^*

Plaintiffs Sacramento Old City Association, Elaine Hamby, and Susan Steinsapir ("SOCA") appeal from the denial by the Sacramento Superior Court of a writ of mandamus sought pursuant to the California Environmental Quality Act ("CEQA"). In their writ petition, SOCA sought to set aside the decision of defendant, City Council of Sacramento ("the City") to expand the downtown Sacramento Convention Center complex ("the center") and to construct an office tower at 1325 J Street ("the office tower"). Plaintiffs also sought an injunction against the future demolition of the Merrium Apartments until the City prepares an adequate environmental impact report ("EIR") on the project. On appeal, plaintiffs argue the EIR approved by the City is inadequate under CEQA. Plaintiffs contend the EIR is deficient because: (1) the EIR fails to adequately address mitigation of parking and traffic impacts; (2) the EIR contains insufficient findings concerning parking and the destruction of the Merrium Apartments. ¹

We find the record supports the City's certification of the community center expansion. Therefore, we shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In 1987, the City proposed an expansion of its existing Community Convention Center, located in downtown Sacramento. After considering various studies, the City determined the existing center was unable to attract and accommodate its full potential of convention-related events. This failure was partially based on size constraints of the existing center.

The City also sought, by enlarging the existing center, to further its goal of revitalization of downtown Sacramento. As part of this downtown revitalization, the City proposed the development and support of an entertainment/hotel district in downtown Sacramento, expanding outward from the existing center. In a report, the City noted, "it has been broadly agreed that this district should be such that the performing arts, restaurants and retail establishments can all flourish. An expanded convention capability will serve to provide increased financial support to these activities, in addition to existing local support. [p] Indeed, the location of an expanded, vital, Community/Convention Center in the entertainment/hotel district will serve to counteract those forces currently drawing development away from the central core, and will allow these sought after downtown activities to thrive." The City began formal consideration of expansion of the center.

Subsequently, the City's Planning and Development Department received applications from several developers for special permits to allow construction of high-rise office towers within a block of the center. The City, citing the geographic proximity of the office towers to the center and the resulting inter-related environmental issues, decided to prepare a single EIR, covering the proposed office towers and the expansion of the center. ²

The City commissioned a marketing analysis to provide space planning requirements for the proposed center expansion. This analysis recommended an additional 140,000 gross square feet of exhibit, meeting and ballroom space and additional loading dock facilities in order to realize the center's full market potential. The analysis proposed no specific design for the expansion.

The City considered five design alternatives for the proposed expansion: north (175,000 additional square footage); east (130,000 additional square footage); west (135,000 additional square footage); a SOCA alternative (210,000 additional square footage); and a no-project alternative.

The City prepared and made available a draft EIR. In the draft EIR each of the five proposed alternatives to the center expansion and each of the three proposed office towers were evaluated in 14 subject areas: land use; historic preservation and cultural resources; population; employment; housing; visual quality; traffic circulation and parking; noise; air quality; microclimate; public services; fiscal impacts; geology and soils; and biotic resources. Under each subject area the draft EIR analyzed any potential impacts and listed potential mitigation measures. The draft EIR also considered the cumulative impacts of the various proposed center expansion alternatives when combined with one or more of the office towers.

Several public hearings were held on the draft EIR. In addition, written comments were submitted to the City, and, ultimately incorporated into the final EIR. At the public meetings numerous questions were raised regarding the potential impact of traffic and parking on downtown Sacramento. The City was also questioned regarding the lack of specific mitigation measures to alleviate the impact of parking. The City responded that it was too soon in the design process of the center to make specific recommendations.

Following the meetings, on October 4, 1988, the City certified the EIR as complete and in compliance with CEQA. The City also adopted a motion of intent to select the east alternative to the proposed center expansion (including the office tower). The east alternative necessitated the removal or destruction of the Merrium Apartments, a priority structure on Sacramento's Official Register of Historic Properties. The City held a hearing on the feasibility of retaining the Merrium Apartments. The City determined that, in order to achieve the contiguous square footage required for the needed expansion of the center's exhibit hall, the Merrium could not remain in its present location. The City adopted a requirement of replacement housing as a condition of approval of the expansion of the center.

On October 25, 1988, by a five to four vote, the City certified the EIR and formally approved the east alternative. The City also adopted Findings of Fact and a Statement of Overriding Considerations.

In its findings the City found that, should the relocation of the Merrium prove to be infeasible, the adverse impact of the loss of the Merrium was overridden by the benefits of the expansion of the project. In addition, the findings required the City to explore the possibility of relocating the Merrium. However, a feasibility study commissioned by the City concluded moving the Merrium was not feasible because of the weight, width and depth of the structure. Subsequently, the City issued a finding stating moving the Merrium was not feasible, and reaffirming its statement of overriding considerations for the loss of the Merrium.

Plaintiffs petitioned for a writ of mandamus in Sacramento Superior Court, to which City and Benvenuti, developer of the office tower, filed an opposition. Following a two-day bench trial, the court denied the writ. The court's minute order states: "The Court took the above matter under submission following oral arguments by the attorneys for the parties. The Court has given the matter careful consideration. In the view of the Court, the City of Sacramento substantially complied with the California Environmental Quality Act (CEQA) when it certified the final environmental impact report (EIR) for the Sacramento Community Center expansion and the 1325 J Street office towers. Therefore, the Petition for Writ of Mandamus and Complaint for Declaratory and Injunctive Relief is denied." ³

Plaintiffs filed a notice of appeal, following the entry of judgment. ⁴

I. Compliance with CEQA

Plaintiffs' appeal attacks the validity and sufficiency of the EIR with respect to its treatment of mitigation of impacts and analysis of cumulative impacts. The impacts plaintiffs focus on are the problems associated with parking and traffic.

A. Standard of Review

When plaintiffs challenge CEQA decisions, reviewing courts generally will defer to the agency's substantive judgments while requiring strict compliance with procedures required by law. Courts must not overturn an agency's discretionary decisions and substitute their own opinions as to what constitutes wise public policy. (El Dorado Union High School Dist. v. City of Placerville (1983) 144 Cal.App.3d 123, 130, 192 Cal.Rptr. 480.) "The court does not pass upon the correctness of the EIR's environmental conclusions, but only upon its sufficiency as an informative document." (County of Inyo v. City of Los Angeles (1977) 71 Cal.App.3d 185, 189, 139 Cal.Rptr. 396.)

Two CEQA provisions, Public Resources Code sections 21168 and 21168.5 govern the standard of review applied by courts in CEQA actions. The Supreme Court in Laurel Heights noted the standard of review under both sections is essentially the same: "[W]hether substantial evidence supports the agency's determination." (Laurel Heights Improvement Assn. v. Regents of University of California (1988) 47 Cal.3d 376, 392, at fn. 5, 253 Cal.Rptr. 426, 764 P.2d 278, citation omitted.) The Supreme Court went on to state: "A court may not set aside an agency's approval of an EIR on the ground that an opposite conclusion would have been equally or more reasonable. A court's task is not to weigh conflicting evidence and determine who has the better argument when the dispute is whether adverse effects have been mitigated or could be better mitigated. We have neither the resources nor scientific expertise to engage in such analysis, even if the statutorily prescribed standard of review permitted us to do so. Our limited function is consistent with the principle that 'The purpose of CEQA is not to generate paper, but to compel...