MenloBusinessPark v. City of Menlo Park
At a March 13, 2007 meeting, the Menlo Park City Council approved a use permit allowing a private school to operate in a M-2 district zoned for general industrial use after finding that the project was exempt from review under the California Environmental Quality Act (Public Resources Code section 21000 et. seq.) (CEQA) and its Guidelines (Cal. Code Regs., tit. 14, 15000 et. seq.). Appellant Menlo Business Park, LLC (MBP), the owner of real property located near the school, filed a petition for writ of mandate and a complaint for declaratory relief, against respondents City of Menlo Park and the City Council, challenging the grant of the use permit alleging noncompliance with Menlo Parks Municipal Code and CEQA and its Guidelines. On March 6, 2008, the trial court filed a final statement of decision in which it denied the petition and dismissed the complaint. Court affirm.
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