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

By Christian L. Marsh and Breana Inoshita on July 20, 2020 Posted in CEQA Guidelines, Mitigated Negative Declaration (MND)

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

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

By Donald E. Sobelman on July 6, 2017 Posted in Negative Declaration, Planning and Zoning

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

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

By Donald E. Sobelman on August 25, 2016 Posted in Impact Analysis, Negative Declaration

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