summary decision in dollar general case

RULING ON SUBMITTED MATTER 03/04/2014 – 8:30 AM DEPT. S32

DONALD ALVAREZ, JUDGE    CLERK: STEPHANIE CHANDLER    COURT ATTENDANT ERIC ASHE    NOT REPORTED   –   APPEARANCES:   NO APPEARANCE.

PROCEEDINGS:

COURT RULES AS FOLLOWS ON SUBMITTED MATTER:   THE COURT HAVING TAKEN THE PETITION FOR WRIT OF MANDATE UNDER SUBMISSION ON 1/17/14, NOW RULES AS FOLLOWS: 

–   COURT FINDS:   THE COURT GRANTS DYNAMIC DEVELOPMENTS REQUEST FOR JUDICAL NOTICE AND TAKES JUDICIAL NOTICE OF  SAN BERNARDINO COUNTY CODE SECTION 810.01.200(VV)(9), RJN EXHIBIT 1. 

–   THE COURT GRANTS THE PETITION FOR WRIT OF MANDATE TO  OVERTURN THE APPROVAL OF THE SUBJECT REGARDING THE MITIGATED NEGATIVE DECLARATION AND THE CONDITIONAL USE PERMIT ON THE GROUNDS OF THE FAILURE TO PROPERLY ANALYZE THE PROJECTS  IMPACTS ON THE ENVIRONMENT IN THE AREA OF ECONOMIC IMPACTS RESULTING IN URBAN DECAY.  THE COUNTY IS REQUIRED TO UNDERTAKE AN EIR FOR THE PROPOSED PROJECT. 

–   THE COURT DENIES THE PETITION FOR WRIT OF MANDATE TO OVERTURN THE APPROVAL OF THE SUBJECT REMITIGATED NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT ON THE GROUNDS OF ALLEDGED FAILURE TO PROPERLY ANALYZE THE PROJECTS IMPACTS ON TRAFFIC AND LAND USE PLAN CONSISTENCY. THE APPROVAL ALSO IS NOT DEMONSTRATED TO BE IMPROPER BY THE FAILURE TO IDENTIFY “DOLLAR GENERAL” IN THE PROJECT DESCRIPTION.    PLAINTIFF TO PREPARE ORDER & WRIT. 

****SEE COURTS RULING ON PETITION FOR WRIT OF MANDATE FILED THIS DATE**** 

******PARTIES NOTIFIED BY MAIL OF THE COURT RULING IN THIS MATTER****** 

ACTION – COMPLETE   === MINUTE ORDER END ===  

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