Category: Impact Analysis

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Fifth Appellate District Rejects CEQA and General Plan Consistency Challenges to Modesto Commercial Development

The City of Modesto and Downey Brand client Berberian Holdings, L.P. (“Berberian”), have prevailed in a legal challenge to a commercial development project proposed by Berberian. On June 7, the Fifth District Court of Appeal issued a 45-page unpublished opinion in the action (Naraghi Lakes Neighborhood Preservation Association v. City of Modesto), affirming the Stanislaus … Continue Reading

Appeals Court Affirms Cadiz Valley Groundwater Project

In a series of sweeping opinions, the Fourth Appellate District on Tuesday, May 10, upheld the Cadiz Valley Water Conservation, Recovery and Storage Project against six separate challenges brought by a host of environmental organizations and a salt mining operation. The Cadiz Project, initiated by the Santa Margarita Water District (SMWD) and Cadiz, Inc. in … Continue Reading

Social and Psychological Impacts Related to “Community Character” Not Covered by CEQA

Is the “character” of a community part of the “environment” and therefore subject to analysis under CEQA, or is it instead a subjective state of mind of the people who live there?  An appellate court has now weighed in. In its decision in Preserve Poway v. City of Poway (March 9, 2016), the Fourth District … Continue Reading

The End (of LOS) is Nigh: OPR’s Revised Proposal on Analysis of Transportation Impacts

In late January, the Governor’s Office of Planning and Research (OPR) released its revised proposal to update the CEQA Guidelines with respect to the analysis of transportation impacts. OPR has not backed off from the main thrust of its original proposal: abandonment of “level of service” (LOS) in favor of “vehicle miles travelled” (VMT) as … Continue Reading
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