Gregory Lucas v. City of Pomona, 19STCP05618

Tentative decision on petition for writ of mandate: denied

Petitioner Gregory Lucas (“Lucas”) petitions the court for a writ of mandate compelling Respondent City of Pomona (“City”) to set aside its approval of Ordinance No. 4273 (“Ordinance”) creating the Commercial Cannabis Permit Program Overlay District (“Cannabis District” or “Overlay District”) in the City (“Project”).

The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision.

A. Statement of the Case

1. The Petition

Petitioner Lucas commenced this proceeding on December 24, 2019, alleging a cause of action for violation of the California Environmental Quality Act (“CEQA”) and seeking the remedy of injunctive relief. The verified Petition alleges in pertinent part as follows.

On October 9, 2019, at a public hearing, the City’s Planning Commission considered a recommendation to City Council to approve the Ordinance. B