Stein v. City of Santa Monica

Opinion

ALLPORT, J.

This appeal is from an order of the superior court denying a petition for writ of prohibition or mandate whereby petitioners seek to block enforcement and implementation of a rent control charter amendment adopted by the municipal electorate of the City of Santa Monica on April 10, 1979. The express purpose of the amendment entitled Article XVIII Rent Control is “to alleviate the hardship caused by this serious housing shortage by establishing a Rent Control Board empowered to regulate rentals... so that rents will not be increased ; unreasonably and so that

landlords will receive no more than a fair return on their

investment.” Concededly the amendment was adopted without any steps being taken to comply with the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq., either before or after the amendment’s submission to the voters.

[460]

Issue

The sole issue on appeal is whether CEQA applies to an urban rent control initiative charter amendment. The petitioners argue that it does. City and interveners Santa Monicans for Renters’ Rights and Santa Monica Fair Housing Alliance argue that it does not but that, if it does apply, the integrity of the amendment should be preserved pending determination of and compliance with any applicable requirements of the act. We agree with the city and interveners that the act of placing this initiative measure on the ballot in response to a citizen’s petition is not a “project” contemplated by CEQA and will therefore affirm.

Discussion

Generally, CEQA requires environmental investigation of “. . . discretionary projects proposed to be carried out or approved by public agencies...” and not to “. . . ministerial projects proposed to be carried out or approved by public agencies. .. . ” (Pub. Resources Code, § 21080, subds. (a), (b)(1).) “Project” is defined in section 21065 subdivision (a) as “Activities directly undertaken by any public agency.” “Public agency” is defined in section 21063 to include a “city” but does not include the electorate thereof. The Secretary of the Resources Agency by authority of section 21083 has adopted a regulation stating that “Project does not include:.. . The submittal of proposals to a vote of the people of the State or of a particular community.” (Cal. Admin. Code, tit. 14, § 15037, subd. (b)(4).)