Coalition for Student Action v. City of Fullerton

California Court of Appeal Mar 30, 1984 No. Civ. 30620Published

Before: Crosby

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Holding. The court held that petitioners were precluded from challenging the adequacy of environmental review under the California Environmental Quality Act (CEQA) because they failed to exhaust their administrative remedies by raising those specific objections during the administrative proceedings.

Issues

Whether the doctrine of exhaustion of administrative remedies precludes judicial review of CEQA claims not raised at the administrative level.
Whether generalized environmental comments at public hearings satisfy the exhaustion of administrative remedies requirement for specific CEQA challenges.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“the doctrine of exhaustion of administrative remedies, which precludes judicial review of issues, legal and factual, which were not first presented at the administrative agency level.”

“The essence of the exhaustion doctrine is the public agency’s opportunity to receive and respond to articulated factual issues and legal theories before its actions are subjected to judicial review.”

“Petitioners, having failed to raise their CEQA claims at the administrative level, cannot air them for the first time in the courts.”

Opinion

CROSBY, J.

Two individuals and an unincorporated association appeal a judgment denying a petition for writ of mandate to compel respondent public

[1196]

entities to set aside approval of plans to construct a 12-story, 200-room hotel and conference center on the campus of California State University, Fullerton, and to improve and expand the existing football/soccer stadium and baseball field. Petitioners’ challenge was based on respondents’ alleged violations of the California Environmental Quality Act (CEQA). Petitioners claimed no CEQA violation at the administrative level, however, and may not do so for the first time in a petition for writ of mandate. Thus, we affirm the judgment without reaching the merits of the appeal.

In compliance with the California Administrative Code, title 14, section 15080, the City of Fullerton prepared “Initial Studies” in October and November 1982 “to determine if the project[s] may have a significant effect on the environment.” The initial study for the hotel project determined there were no significant environmental effects and a negative declaration would be appropriate (Pub. Resources Code, § 21080, subd. (c)(1)

). The initial study for the sports complex concluded potentially significant effects on the environment were avoided by incorporating specific mitigation measures into the plans and only a negative declaration, not an Environmental Impact Report (EIR), was thus necessary (§ 21080, subd. (c)(2)).

The Fullerton Planning Commission held a noticed public hearing concerning the proposed hotel on December 8, 1982; no member of the public objected to the project or the environmental data. The Fullerton City Council and Redevelopment Agency noticed joint public hearings on the projects on January 4 and 18, 1983. Again, no one criticized the recommendation to prepare negative declarations or claimed EIR’s were required. The negative declarations were approved at the conclusion of the second hearing.

The petition for writ of mandate was timely filed several weeks later. (§ 21167.) There, petitioners alleged for the first time the failure to prepare EIR’s violated CEQA. Respondents answered, and the court determined respondents complied with CEQA requirements and substantial evidence supported their actions. The petition was denied.

Coalition for Student Action v. City of Fullerton

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CROSBY, J.

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