Category: Subsequent CEQA Review

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Petitioner Required To Post Bond For Costs Incurred As A Result Of Delay In Carrying Out Affordable Housing Project In Livermore

In Save Livermore Downtown v. City of Livermore (Dec. 28, 2022, Case No. A164987) __ Cal.App.1st __, the First District Court of Appeal held that the City of Livermore (City) did not violate planning and zoning laws when it approved a 130-unit affordable housing project (Project) in the downtown area. The Project was found to … Continue Reading

First District Court of Appeal Finds University of California’s Decision to Increase Enrollment Is Not Exempt from CEQA Review

In Save Berkeley’s Neighborhoods v. Regents of the University of California (2020) 51 Cal. App. 5th 226, the First District Court of Appeal overruled a demurrer rejecting community members’ allegations that the University of California at Berkeley (UC Berkeley) violated CEQA by failing to analyze enrollment increases beyond the development envelope considered in the campus … Continue Reading

Ione Valley Land, Air, & Water Defense Alliance, LLC v. County of Amador (2019) 33 Cal.App.5th 165

Ione Valley Land, Air, & Water Defense Alliance, LLC v. County of Amador (2019) 33 Cal.App.5th 165 In 2012, the County of Amador (County) certified a final EIR and approved the Newman Ridge Project, a quarry and related facilities near Ione (Project). The Ione Valley Land, Air, and Water Defense Alliance (LAWDA) filed a petition for … Continue Reading

Stopthemillenniumhollywood.com v. City of Los Angeles (2019) 39 Cal. App. 5th 1

Stopthemillenniumhollywood.com v. City of Los Angeles (2019) 39 Cal. App. 5th 1 Millennium Hollywood LLC, the City of Los Angeles, and the Los Angeles City Council (Appellants) challenged a trial court holding that a proposed four-and-a-half-acre mixed-use development failed to comply with the requirements of CEQA. Millennium filed a master land use permit with the City’s … Continue Reading

Second District Prohibits Preparation of Subsequent EIR Where Project-level EIR Covered All “Reasonably Foreseeable Consequences” of Later Plan-level Project; Spot-Zoned Target Store Permissible Where in Public Interest

In Citizens Coalition Los Angeles v. City of Los Angeles, (2018) 26 Cal. App. 5th 561, the Second District Court of Appeal held that the City of Los Angeles’s (City) reliance on an addendum to a prior project-level EIR prepared for a Target store was legally sufficient environmental review for the approval of a later … Continue Reading

Second Appellate District Upholds PG&E Lease Extension as Categorically Exempt from CEQA, Finds Unusual Circumstance Exception Inapplicable to Extension of Nuclear Power Plant Lease

In World Business Academy v. California State Lands Commission (2018) 24 Cal.App.5th 476, the Second Appellate District determined that renewing a lease for an existing power plant constituted a categorically exempt “existing structure” project under CEQA and the record did not support an “unusual circumstances” exception to the exemption. Diablo Canyon Power Plant is a … Continue Reading

FIRST APPELLATE DISTRICT FINDS WAREHOUSE STORE PROJECT EIR FAILED TO SUFFICIENTLY ANALYZE POTENTIAL ENERGY IMPACTS IN PARTIALLY PUBLISHED OPINION

On June 21, 2016, the First Appellate District partially published its opinion for Ukiah Citizens for Safety First v. City of Ukiah (Case No. A145581). The case involved a citizen group’s petition for writ of mandate challenging the certification of an environmental impact report (EIR) by the City of Ukiah (City) for the construction of … Continue Reading

SECOND DISTRICT UPHOLDS CITY’S PERMITTING PROCESS FOR MALIBU HIGH SCHOOL PROJECT IN UNPUBLISHED DECISION

In an unpublished opinion, Malibu Community Alliance v. City of Malibu, 2016 Cal. App. Unpub. LEXIS 3116, Division Seven of the Second Appellate District adjudicated a challenge to development permits granted by the City of Malibu (City) to the Santa Monica-Malibu Unified School District (District) for the installation of athletic field lights at Malibu High … Continue Reading

Addendum to Environmental Impact Report Sufficient to Outline Changes in Project’s Proposed Water Sources

Pala Band of Mission Indians v. County of San Diego Department of Environmental Health (2015) Cal.App. Unpub. LEXIS 3815, California’s Fourth Appellate District affirmed the trial court’s judgment upholding the adequacy of an Addendum to an Environmental Impact Report (EIR) and granted defendants their costs on appeal. The conflict in Pala Band began in 1994 … Continue Reading
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