Fourth District Finds Failure to Evaluate Consistency with CAP Rendered MND Incomplete Despite no Fair Argument of Inconsistency; Rejects Piecemealing, Project Description, and Aesthetic Impacts Claims, and Others as Barred by a Failure to Exhaust Administrative Remedies

In McCann v. City of San Diego (2021) 70 Cal.App.5th 51, the Fourth District Court of Appeal found that the Plaintiff, Margaret McCann (McCann), was barred from bringing a judicial action challenging the City’s approval of projects for undergrounding utility lines because she failed to exhaust the City of San Diego’s (City’s) administrative appeal process. With regard to a second set of undergrounding projects also challenged by McCann, the Court ruled that the City’s mitigated negative declaration...