Coalition for Historical Integrity v. City of San Buenaventura

The City of San Buenaventura (City) removed a statute of Father Junípero Serra because it is now offensive to significant members of the community. This appeal stems from the denial of the Coalition for Historical Integrity’s (Coalition) writ of mandate requiring the City to restore the statue.
 
The Second Appellate District affirmed the judgment. The Coalition contends that the removal of the bronze statue requires review under CEQA. Here the 2020 HRG report discusses the history of the statue and the criteria for evaluating its historical significance. Among other matters, the report points out that the bronze replica statue does not meet the 40-year-old threshold required for local designation as a historical landmark. The report constitutes substantial evidence.
 
Further, the Coalition contends that removal of the bronze statue violates the City’s Specific Plan. The court found the Specific Plan provides that the demolition of a historical resource may require review by the Historic Preservation Committee, the committee that approved removal of the statue. Nothing in the Specific Plan prohibits the destruction or removal of a statue that is listed as a historical resource upon a finding that on reexamination, it, in fact, never had historical value.
 
Moreover, The Coalition contends that the City failed to follow the procedure set forth in the municipal code for removing landmark status from the statue. But the City found that the bronze statue was never a landmark. That finding is supported by substantial evidence. The code provisions for removing landmark status do not apply.