Residents filed petition for writ of mandate challenging city’s approval of relocation of playground equipment within a park and determination that project was exempted from California Environmental Quality Act (CEQA) under three categorical exemptions.
The Superior Court denied the petition. Residents appealed.
The Court of Appeal held that:
- Project’s violation of noise ordinance did not constitute substantial evidence it would have significant effect on the environment under test for unusual circumstances exception
- Public comments did not constitute substantial evidence to support fair argument of reasonable probability project may have significant environmental impact;
- City’s noise studies did not constitute substantial evidence of a fair argument that project may have a significant effect on the environment;
- City was not required to conduct ambient noise study prior to approving exempt project; and
- City was not required to evaluate project’s compliance with section of noise ordinance prohibiting production of audible noise within residential dwelling units without consent of occupants.