Category: Negative Declaration

Subscribe to Negative Declaration RSS Feed

Project Applicants and Lead Agencies Cannot Have it Both Ways: CEQA Requires Preparation of an MND or EIR, But Not Both

In an opinion certified for partial publication, the Third Appellate District on November 3, 2021, decided Farmland Protection Alliance v. County of Yolo, finding that the California Environmental Quality Act (“CEQA”) does not allow an agency to split environmental review across multiple levels of review—for example, by preparing a negative declaration to address some project … Continue Reading

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.  … Continue Reading

Are Reductions in Parking a CEQA Impact – Second District Finds Context is Key

On August 19, 2021, in Save Our Access – San Gabriel Mountains vs. Watershed Conservation Authority, the Second District Court of Appeal, in reversing the lower court’s judgement, upheld an Environmental Impact Report’s (EIR’s) finding of less than significant impact under CEQA for an intentional reduction in parking meant to protect and restore the environment. … Continue Reading

Second District Court of Appeal Upholds Challenge to an MND for a Mixed-Use Project on Environmentally Sensitive Hillside and Award of Attorney Fees

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 … Continue Reading

Maacama Watershed Alliance v. County of Sonoma (2019) Cal.App.5th 1007

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 … Continue Reading

Third District Echoes Pocket Protectors, Holds “Large Number” of Public Comments on Nontechnical Aesthetic Impacts Support Fair Argument

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 … Continue Reading

Argument and Speculation that a Project will Violate Local Code Requirements is Insufficient to Support a Fair Argument that a Project may have a Potentially Significant Impact on the Environment

In Friends of Riverside’s Hills v. City of Riverside (2018) 26 Cal.App.5th 1137, the Fourth District Court of Appeal denied a neighborhood group’s petition to set aside approval of a small housing development where there was no substantial evidence supporting a fair argument of a violation of the land use ordinances and no evidence of … Continue Reading

Fact-Based Residents’ Comments Substantial Evidence Meriting CEQA Review, Special Commission’s Findings Substantial Evidence Meriting CEQA Review

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 … 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

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

Sixth District Upholds County Zoning Updates Against Piecemealing Claim, Rejects Challenge to Negative Declaration Based on “Wholly Speculative” Impacts

In March 2017, the Sixth Appellate District issued its decision in Aptos Council v. County of Santa Cruz, which rejected a two-pronged challenge to the County of Santa Cruz’s adoption of three zoning ordinances revising existing sections of the County zoning code, including an ordinance altering height, density, and parking requirements for hotels.  In affirming … Continue Reading

California Supreme Court Rejects “New Project Test” and Defers to Agencies on Whether Project Modifications Require Subsequent Environmental Review

On September 19, in a long-awaited and unanimous decision, the California Supreme Court issued its decision in Friends of the College of San Mateo Gardens v. San Mateo County Community College District.  The opinion, authored by the Court’s newest justice, Leondra Kruger, resolves a split among the Courts of Appeal regarding the proper procedures for … Continue Reading

First Appellate District Upholds Use of Subsequent Mitigated Negative Declaration for Revisions to Use Permit for Religious Facility, Rejects Claim of General Plan Inconsistency

On August 31, the First Appellate District issued its decision in Coastal Hills Rural Preservation v. County of Sonoma, which centered on the applicable standards and appropriateness of proceeding on a subsequent mitigated negative declaration (SMND), rather than an environmental impact report (EIR) under CEQA, where changes had been incorporated in a religious facility use … Continue Reading

Sixth Appellate District Adopts Substantial Evidence Standard for Review of Lead Agency Determinations Regarding Historical Resources

In its August 12 decision in Friends of the Willow Glen Trestle v. City of San Jose, the Sixth Appellate District rejected a claim that the fair argument standard should apply to a lead agency’s determination regarding whether a resource is a historical resource for purposes of CEQA. In doing so, it became the second … Continue Reading

Appellate Court Rejects Urban Decay Claim Based on Lay Witness Opinion, Upholds Mitigated Negative Declaration

When cities and counties conduct CEQA review of a large-scale commercial development project including a major national chain like Wal-Mart or Costco, a common objection is that the project will displace existing, locally owned retail establishments, resulting in a significant impact on the environment, in the form of urban decay (or “blight”). This is generally … 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

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

THIRD DISTRICT AFFIRMS FOLSOM’S USE OF A MITIGATED NEGATIVE DECLARATION

On October 29, 2015, in Save the American River Association v. City of Folsom, 2015 Cal. App. Unpub. LEXIS 7827, the Third District Court of Appeals affirmed the City of Folsom’s use of a mitigated negative declaration for a project to develop dedicated ADA paths to the waterfront of Lake Natoma; create scenic overlooks; provide … Continue Reading

FOURTH APPELLATE DISTRICT REJECTS CHALLENGE TO MITIGATED NEGATIVE DECLARATION FOR A RESIDENTIAL DEVELOPMENT PROJECT

In an unpublished decision, Save Desert Rose v. City of Encinitas, 2015 Cal. App. Unpub. LEXIS 7685, the Fourth Appellate District reversed the judgment of the trial court and held Save Desert Rose (Petitioner) failed to demonstrate that substantial evidence supported a fair argument that a proposed 16 single-family home subdivision project (Project) may have … Continue Reading

When is Agency Action Considered a Project under CEQA? When the Legislature Says So.

In Rominger v. County of Colusa, 2014 Cal. App. LEXIS 813, the Court of Appeal for the Third District overturned the trial court and held a proposed subdivision approved by Colusa County was a project under the California Environmental Quality Act (CEQA), even though the proposal did not include any specific plans for development. The … Continue Reading

CEQA Document Adoption is a Distinct “Item of Business” to be Listed on Agency Meeting Agenda

The Merced County Planning Commission (the Commission) posted an agenda for an upcoming meeting that set forth, as one item of business, the Commission’s potential approval of a subdivision application to divide 380.45 acres into nine parcels (the project). The agenda failed to mention that the Commission would also be considering whether to adopt a … Continue Reading

A Dark Day for Hoover High School – Court Finds Mitigated Negative Declaration for Stadium Improvements Inadequate

In a decision that was ordered published on April 25, 2013, Taxpayers for Accountable School Bond Spending v. San Diego Unified School District (March 26, 2013) 2013 Cal.App.LEXIS 324, the Court of Appeal, Fourth Appellate District, held that a high school could not use general obligation bond revenue to pay for new stadium lighting because … Continue Reading

Court Silences Petitioner’s Challenge to a Negative Declaration

In an unpublished decision, Stahovich v. City of Anaheim (2012) 2012 Cal.App.Unpub.LEXIS 9465, the Fourth District Court of Appeal affirmed the trial court’s denial of a writ of mandate and complaint for declaratory relief against the City of Anaheim (City).  Arthur E. Stahovich filed a petition alleging the City violated the California Environmental Quality Act … Continue Reading

Petitioners Have the Burden of Proof to Establish Substantial Evidence Supporting a Fair Argument that a Project May Have a Significant Effect on the Environment

In an unpublished decision, Agriculture, Business & Labor Education Coalition of San Luis Obispo County v. County of San Luis Obispo, 2012 Cal.App. Unpub. LEXIS 7948, the Second Appellate District upheld the trial court’s decision that an environmental group did not meet its burden of proof to show the County’s proposed amendments to the Framework … Continue Reading
LexBlog