Category: Mitigated Negative Declaration (MND)

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Sixth District Holds CEQA Does Not Require Supplemental Review for a Streambed Alteration Permit

The Sixth Appellate District, in Willow Glen Trestle Conservancy v. San Jose (2020) 49 Cal.App.5th 127, held that seeking a new Streambed Alteration Agreement (“SAA”) from the California Department of Fish & Wildlife (“CDFW”) for a previously approved project does not constitute a “further discretionary approval” within the meaning of CEQA Guidelines section 15162 and … Continue Reading

Two CEQA Statute of Limitations Cases, Two Different Results

California Courts of Appeal recently issued two cases addressing the strict statute of limitations applicable to agency action under CEQA. Citizens for a Responsible Caltrans Decision v. Department of Transportation –  (March 24, 2020, D074374) __ Cal.5th__ The Fourth District in Citizens for a Responsible Caltrans Decision v. Department of Transportation overturned a lower court’s … Continue Reading

West Covina Mitigated Negative Declaration Upheld, and Parking Impacts For Infill Projects Deemed Exempt by the Second Appellate District

On March 22, 2018, the Second Appellate District certified for publication its opinion in Covina Residents for Responsible Development v. City of Covina, et al. (2018) 230 Cal.Rptr.3d 550, concerning a Mitigated Negative Declaration (MND) for a proposed 68-unit, mixed-use, infill project located one quarter mile from the Covina Metrolink commuter rail station in the … Continue Reading

Clean Sweep for City of San Diego in Challenge to Approval of Private School

On December 20, 2017, the Fourth District Court of Appeal delivered a solid win for the City of San Diego in a multi-faceted challenge to its approval of a private school pursuant to a Mitigated Negative Declaration (“MND”).  In Clews Land and Livestock LLC et al. v. City of San Diego, Petitioners Clews Land and … Continue Reading

Fourth Appellate District Upholds City of San Diego’s Rejection of Subdivision Project and Related MND

CEQA decisions usually arise in the context of a challenge to a lead agency’s approval of a project and a related CEQA document.  However, in a recent decision, Kutzke v. City of San Diego (2017) 11 Cal.App.5th 1034 (certified for publication on May 23, 2017), the Fourth Appellate District resolved a court action arising from a … Continue Reading
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