Category: Initial Studies

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Impact Analysis and Mitigation May Be Located in Initial Study Appended to EIR; City Entitled to Deference on Interpretation of Its Municipal Code

In Ocean Street Extension Neighborhood Assn. v. City of Santa Cruz (2021) 73 Cal.App.5th 985, the Fourth District Court of Appeal upheld the trial court’s determination that the City of Santa Cruz (City) had complied with CEQA in approving a 32-unit residential project (Project) and overturned the trial court’s ruling that the City had violated … Continue Reading

First Appellate District Denies Initial Study Noise Level Challenge to Transitional Housing Project Based on Non-Expert Analysis

In Jensen v. City of Santa Rosa (2018) 23 Cal.App.5th 877, the First Appellate District held that noise impacts from a proposed youth center and transitional housing project were properly analyzed and approved with a negative declaration (ND) where the City of Santa Rosa’s (City) acoustic expert found no noise impacts above the baseline would … Continue Reading

IN UNPUBLISHED OPINION, COURT OF APPEAL UPHOLDS CEQA REVIEW FOR FRESNO’S FULTON MALL PROJECT

The City of Fresno’s Fulton Street lies in the heart of its downtown and was once a bustling commerce center lined with numerous retailers. Suburbanization drew those retailers to the periphery of town in the 1950s. In the early 1960s, in an attempt to revive its urban core, the City turned Fulton Street into Fulton … Continue Reading

SECOND APPELLATE DISTRICT FINDS INITIAL STUDY INADEQUATE FOR AFFORDABLE HOUSING PROJECT IN LOS ANGELES

In an unpublished opinon, Friends of Highland Park v. City of L.A., 2015 Cal. App. Unpub. LEXIS 8002, the Second Appellate District reversed the trial court, holding that the initial study prepared by the City of Los Angeles for an affordable housing project in Highland Park was inadequate because the study lacked quantified greenhouse gas … Continue Reading

Schenck v. County of Sonoma (2011) 198 Cal.App.4th 949

The County of Sonoma (County) approved a development project for a warehouse and beverage distribution center. Prior to approving the project, the County conducted an initial study and issued a mitigated negative declaration (MND). The trial court held that the County had failed to send necessary notice to the Bay Area AQMD (BAAQMD) prior to … Continue Reading
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