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
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 City of Covina. The case is notable as the first published decision addressing the application of CEQA’s exemption for parking impacts under Public Resources Code (PRC) Section 21099, subdivision (d)(1), which was enacted as part of SB 743 “to further the Legislature’s strategy of encouraging transit-oriented, infill development consistent with the goal of reducing greenhouse gases announced in [SB 375].”
Appeals Court Finds Wal-Mart EIR Deficient and Overturns Development Approval Due to Inadequate Map Act Findings
Cities and counties across the state have revised their general plan policies to address the interrelated issues of greenhouse gas (GHG) emissions and energy consumption by new commercial and residential development, often in proactive and innovative ways. However, the rubber only meets the road when those projects undergo CEQA review, and courts evaluate whether those paper policies translate into real-world action. The Fourth Appellate District recently weighed in on one such situation – and found that key information got lost in translation.
In Spring Valley Lake Association v. City of Victorville (May 25, 2016), a local association challenged the construction of an approximately 215,000 square foot commercial retail development in the City of Victorville, which included an approximately 185,000 square foot Wal-Mart store. The challenge included claims under CEQA, state Planning and Zoning Law provisions concerning general plan consistency, and the Subdivision Map Act.
Court Defers to Local Agency Characterization of Lot Line Adjustments as Ministerial Actions Not Subject to CEQA
In Sierra Club v. Napa County Board of Supervisors (2012) 2012 Cal.App. LEXIS 454, the Sierra Club challenged a lot line adjustment ordinance adopted by Napa County, which allowed lot line adjustments under the Subdivision Map Act on parcels that had previously been adjusted, as long as the prior lot line adjustment has been completed