In Citizens for the Restoration of L Street v. City of Fresno, 2014 Cal. App. LEXIS 786,the Fifth Appellate District affirmed a judgment granting a writ of mandate challenging the City of Fresno’s (City) approval of an infill development project. The court upheld the trial court’s ruling that the City violated the California
Court Publishes General Plan Consistency Discussion in Case Upholding San Francisco Redevelopment Project
On September 4, 2014, the Court of Appeal for the Fifth District granted a request to publish an additional portion of the recent case San Francisco Tomorrow v. City & County of San Francisco, 2014 Cal. App. LEXIS 800. The previously published opinion affirmed the City and County of San Francisco’s approval of a …
Ninth Circuit Makes Key Permit Streamlining Act Ruling for Conditional Use Permit Applicants
In American Tower Corporation v. City of San Diego, 2014 U.S. App. LEXIS 15641, the Ninth Circuit Court of Appeals upheld the City of San Diego’s (City) denial of three conditional use permits (CUP) for three cell tower facilities owned and operated by American Tower Corporation. The court reversed in part and affirmed in …
ALL ABOARD! – High Speed Rail Moves Forward with Bay Area to Central Valley Route After Appellate Court Approval
In Town of Atherton v. Cal. High-Speed Rail Authority, (2014) Cal. App. LEXIS 670, the Court of Appeal for the Third District upheld the final program environmental impact report (EIR) for the segment of the California High Speed Rail project linking the San Francisco Bay Area to the Central Valley.
In the EIR, the …
Appellate Court Rejects Challenges to Redevelopment Project in San Francisco Neighborhood
In a partially published opinion in San Francisco Tomorrow v. City and County of San Francisco, 2014 Cal. App. LEXIS 735, the Court of Appeal for the First Appellate District upheld denial of a petition for a writ of mandate seeking to overturn approval of a 152-acre redevelopment project near Lake Merced in southwest …
OPR Releases a Preliminary Draft of Changes to the CEQA Guidelines Related to SB 743
On August 6, 2014, the Governor’s Office of Planning and Research (“OPR”) released a Notice of Availability of a Preliminary Discussion Draft of Changes to the California Environmental Quality Act (“CEQA”) Guidelines Related to SB 743 (Steinberg, 2013; “Preliminary Discussion Draft”). These updates are geared towards the evaluation of transportation impacts under CEQA.
Traffic studies …
Supreme Court Holds that Voter Initiatives with Potential Environmental Impacts Need Not Comply with CEQA Mandates
In Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County, (August 7, 2014, S207173) __ Cal.4th __, the Supreme Court reversed the appellate court’s issuance of a writ of mandate challenging the City of Sonora’s approval of an ordinance for the expansion of a big box store (Project) without first conducting …
Appellate Court Upholds Trial Court’s Jurisdiction to Discharge Writ for Huntington Beach Senior Center
In an unpublished decision, Parks Legal Defense Fund v. City of Huntington Beach, (2014) Cal. App. Unpub. LEXIS 5050, the Fourth District Court of Appeal upheld the trial court’s jurisdiction to discharge a writ of mandate, but reversed and remanded the trial court’s determination that the subsequent environmental impact report complied with the California…
Court Publishes Portion of a Decision Upholding the Adequacy of a Wind Farm EIR
On July 25, 2014, the Court of Appeal for the Fifth District granted a request to publish a portion of the recent case Citizens Opposing a Dangerous Environment v. County of Kern, 2014 Cal. App. LEXIS 679. In the decision, the appellate court affirmed Kern County’s approval of a wind farm near a private…
Court Upholds Discussion of Project Objectives and Alternatives in an EIR for an Infill Project in San Diego
In an unpublished decision in Save Our Heritage Organisation v. County of San Diego, (2014) Cal. App. Unpub. LEXIS 5121, the Court of Appeal for the Fourth District reversed the trial court and ordered the trial court to deny a writ of mandate challenging the adequacy of the environmental impact report (EIR) for a…