On June 23rd, the Fourth District published Save Our Access v. City of San Diego (2023) 92 Cal.App.5th 819, holding that a city’s approval of a ballot measure to remove the 30-foot Coastal Zone height limit in a community planning area required further environmental review. The Court concluded that the program EIR
In Save Our Capitol! v. Department of General Services (2023) 87 Cal.App.5th 655, the Third District Court of Appeal held that the Department of General Services violated CEQA when certain design changes to the State Capitol renovation (Project) were not revealed until the final EIR (FEIR), preventing the public from commenting on the changes.
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 (MND) failed to adequately examine whether the projects were consistent with the City’s Climate Action Plan (CAP). However, it ruled in favor of the City on the Plaintiff’s allegation regarding aesthetic impacts, concluding that generalized claims and reliance on the comments of a single speaker did not support a fair argument and, further, case law suggests that small utility boxes do not require preparation of an environmental impact report (EIR).
In Save the Agoura Cornell Knoll v. City of Agoura Hills (February 24, 2020) 2020 Cal. App. LEXIS 222, in a detailed decision, the Second District Court of Appeal affirmed the trial court’s judgement and concluded that a proposed mixed-use development project in Los Angeles County presented potentially significant impacts requiring the preparation of an
Maacama Watershed Alliance v. County of Sonoma (2019) Cal.App.5th 1007
In 2015, Knight Bridge Vineyards LLC sought approval from the County of Sonoma to develop a two-story, 5,500 square foot winery, a 17,500 square foot wine cave, tasting room, wastewater treatment and water storage facility, fire protection facility, and mechanical area on an 86-acre parcel
In Georgetown Preservation Society v. County of El Dorado (2018) 2018 Cal.App.LEXIS 1167, the Third District Court of Appeal held that conformity with the general plan does not insulate a project from CEQA review. Where a“large number” of public comments objected to the project for “nontechnical” aesthetic issues, there was a fair argument that the
In Protect Niles v. City of Fremont (2018) 25 Cal.App.5th 1129, the First District Court of Appeal held that the Niles Historical Architectural Review Board’s (HARB) factual findings and members’ collective opinions about the compatibility of a project with the Niles Historic Overlay District rose to the level of substantial evidence. Further, fact-based comments in
In Don’t Cell Our Parks v. City of San Diego (2018) 21 Cal.App.5th 338, the Fourth District Court of Appeal found that the San Diego City Charter (Charter 55) did not prohibit the City of San Diego (City) from approving a telecommunications project within real property held in perpetuity by the City for “park purposes.”
In an unpublished opinion in Redlands Good Neighbor Coalition v. City of Redlands, 2015 Cal. App. Unpub. LEXIS 2210, the Fourth District Court of Appeal affirmed the trial court’s decision and denied petitioner’s challenges under the Subdivision Map Act and the California Environmental Quality Act (CEQA) to the City of Redlands’ (City) approval of
Almost four years after the Marin Municipal Water District (MMWD) certified an environmental impact report (EIR) and approved a five million gallon a day desalination plant project, the Court of Appeal, First District, in a published opinion (N. Coast Rivers Alliance v. Marin Mun. Water Dist. Bd. of Dirs. (2013) 2013 Cal.App.LEXIS 401), reversed