Three judge Panel Unanimously Overrules Lower Court on Olivenhain Project

ENCINITAS, CALIFORNIA, October 28, 2015 – This morning a unanimous three judge panel of the California Court of Appeal, Division One reversed in total a trial court ruling that had ordered production of an Environmental Impact Report for the Desert Rose subdivision in the Olivenhain community of the City of Encinitas.

The Appellate Court concluded, “based on the project description in the mitigated negative declaration, there is no substantial evidence in the administrative record to support a fair argument that Woodridge’s proposed project may have a significant effect on the environment within the meaning of CEQA. Accordingly, we reverse the judgment and direct the trial court to enter an order denying the petition for writ of mandate.”

A copy of the ruling can be found at: http://www.coastlawgroup.com/wp-content/uploads/2015/10/Desert-Rose-Court-of-Appeals-Decision.pdf.

This ruling clears the path for construction of 16 single family residences on the approximately 8 acre parcel, along with the creation of public horse trails and restoration of an adjacent degraded waterway.

In finding for the developer Woodridge Farms Estates LLC, the Court of Appeals analyzed, and found lacking, alleged impacts to (1) biological resources; (2) aesthetics, views, and community character; (3) water quality and drainage; (4) traffic; (5) neighborhood streets and safety; and (6) parking.

Woodridge Farms Estate’s attorney, Marco Gonzalez of Coast Law Group LLP, referred to the ruling as “vindication for the environment and for affordable housing.” He stated, “Contrary to the allegations of neighboring residents, this is one of those development projects that will actually result in significant improvement to the environment. Given the environmental enhancements and the affordable housing being provided, this is not a circumstance where an EIR should have been required. We’re very happy the Appellate Court got it right. ”

COAST LAW GROUP, LLP:  Marco Gonzalez/[email protected]/760.949.8505

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Coast Law Group, LLP, a full-service law firm located in Encinitas, CA, was founded on the principle that the business and environmental communities deserve attorneys who are aggressive and professional, while also committed to values of integrity and justice. The attorneys in CLG’s Litigation and Environment/Land Use practice groups have extensive experience representing private and non-profit entities with policy, permit processing and legislation services in environmental and land use matters before myriad local, state, and federal agencies.