In United Neighborhoods for Los Angeles v. City of Los Angeles, et al. (2023) 93 Cal.App.5th 1074, the Second District Court of Appeal affirmed a trial court’s grant of a writ of mandate halting a project in Hollywood that would replace 40 rent-stabilized apartments with a hotel. The City of Los Angeles determined that
Exhaustion of Administrative Remedies
Sixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic Building
The Sixth Appellate District, on May 10, 2023, published a decision in Preservation Action Council of San Jose v. City of San Jose (2023) 91 Cal.App.5th 517 upholding the City of San Jose’s certification of a final supplemental EIR (SEIR) for development of three high-rise office towers in downtown San Jose on a site that contained several historic structures. The Court of Appeal affirmed the trial court’s denial of the petition for writ of mandate and held that the SEIR’s consideration of proposed compensatory mitigation for historic buildings was sufficient and that the City adequately responded to comments requesting compensatory mitigation.
Oakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found Inadequate
In E. Oakland Stadium Alliance v. City of Oakland (2023) 89 Cal.App.5th 1226, the First District Court of Appeal concluded that the EIR prepared for the proposed Oakland A’s stadium was largely satisfactory, but on a single point failed to adequately mitigate wind impacts.
The Oakland Waterfront Ballpark Project (Project) proposed a 50-acre development…
Neighbor’s General Complaints of Environmental Concerns Insufficient to Exhaust Administrative Remedies as to CEQA Exemption Determination
In Arcadians for Environmental Preservation v. City of Arcadia (2023) 88 Cal.App.5th 418, the Second District Court of Appeal found no error in a trial court ruling that there had been a failure to exhaust administrative remedies where project opponents merely raised general environmental objections without identifying any reason why the agency could not…
First District Affirms Denial of Anti-SLAPP Motion in a Malicious Prosecution Action Filed Against CEQA Petitioner’s Attorney
In Jenkins et al. v. Brandt-Hawley et al. (2022) 86 Cal.App.5th 1357, the First District Court of Appeal found that CEQA suits can be subject to malicious prosecution actions. The Court of Appeal upheld an order denying an anti-SLAPP motion, allowing a malicious prosecution action to proceed against an attorney who litigated an unsuccessful…
Exhausting Administrative Remedies Does Not Toll the Statute of Limitations When the CEQA Determination Is Not at Issue
Effective January 1, 2023, Thomas Law Group (TLG) will merge with Downey Brand. We are thrilled to welcome the TLG team to CEQA Chronicles and look forward to sharing their updates on important CEQA developments, new case law, legislation, and guidance.
In American Chemistry Council v. Dept. of Toxic Substances Control (Nov. 18, 2022, F082604)…
First District Invalidates Garaventa Hills EIR for Improperly Classifying No-Project Alternative of Preserving Residentially-Zoned Land as Infeasible
On March 30, 2022, the First District Court of Appeal published its opinion in Save the Hill Group v. City of Livermore (2022) 76 Cal.App.5th 1092, invalidating an Environmental Impact Report (“EIR”) for the Garaventa Hills Project (“Project”) because it failed to disclose the feasibility of funding sources or rezoning that could allow the…
Fifth District Upholds Grant of Petition Challenging Inyo County’s Use of Eminent Domain to Acquire Ownership of Landfill Sites it Leases and Operates Under a Categorical Exemption
In Los Angeles Dept. of Water & Power v. County of Inyo (2021) 67 Cal.App.5th 1018, the Fifth District considered a challenge to a decision by Inyo County (County) to acquire landfill sites owned by the Los Angeles Department of Water and Power (LADWP) through eminent domain. In the published portion of the opinion, the Court upheld the writ issued by the trial court and held that (1) the County’s failure to give notice of its intent to use a CEQA exemption excused the LADWP from exhausting administrative remedies as to exemption claims, and (2) the existing facilities categorical exemption did not apply to the operations of the unlined landfills.
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 (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).
Fifth District Court of Appeal Finds Petitioner Failed to Exhaust Remedies in CUP Approval Challenge, Despite Ambiguous Administrative Appeal Procedures
In Muskan Foods & Fuel v. City of Fresno (2021) 69 Cal.App.5th 372, the Fifth District Court of Appeal held that Muskan Foods (Petitioner) failed to exhaust their available administrative appeals to challenge the approval of a competing development, despite an acknowledged ambiguity in the City of Fresno (City) Municipal Code’s administrative appeal procedures.