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Second District Affirms Judgment Upholding City of Pomona’s Commercial Cannabis Permit Program Overlay District As CEQA-Exempt Under Statutory Exemption Provided In Guidelines Section 15183 For Projects Consistent With Development Density Established By Existing Zoning, General Plan, Or Community Plan for Which EIR Was Certified; Holds Substantial Evidence Standard of Review Applies To Lead Agency’s Finding of Exemption

CEQA Developments

JUNE 27, 2023

8) affirmed the trial court’s judgment rejecting CEQA challenges to the City of Pomona’s (City) use of a statutory exemption – under Public Resources Code § 21083.3(a), In a published opinion filed June 13, 2023, the Second District Court of Appeal (Div.

2014

2014 Regulations 2013 Law

CEQA Remedies Go Both Ways: Fourth District Reverses Judgment Upholding San Diego County Board’s Decision Granting Project Opponents’ Administrative Appeal, Holds Board Erred In Finding CEQA Guidelines Section 15183 Statutory Exemption Inapplicable And Ordering EIR Prepared for Exempt Industrial Project

CEQA Developments

FEBRUARY 26, 2024

1) held the San Diego County Board of Supervisors committed a prejudicial abuse of discretion in granting project opponents’ appeals of the Planning Commission’s decision upholding County’s use of the CEQA Guidelines section 15183 exemption for a construction debris and inert materials recycling facility project. Hilltop Group, Inc.,

Recycling

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Manufacturing Sustainability Surge: Your Guide to Data-Driven Energy Optimization & Decarbonization

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Ocean Views Matter: Fourth District Holds Program EIR For Community Plan Update Didn’t Consider Potentially Significant View Impacts of City of San Diego’s Subsequent Approval of Ballot Measure Excluding Entire Area From City’s 30-Foot Coastal Zone Height Limit

CEQA Developments

JULY 10, 2023

1) affirmed a judgment granting a writ of mandate directing the City of San Diego (City) to set aside its approvals of an ordinance submitting to the voters a ballot measure that would exclude the Midway-Pacific Highway Community Plan Area from the City’s 30-foot height limit on construction of buildings in the Coastal Zone.

Ocean

Ocean 2018 Government 2005

Webinars

Manufacturing Sustainability Surge: Your Guide to Data-Driven Energy Optimization & Decarbonization

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First District Affirms Judgment Upholding UCSF’s EIR for Long-Range Development Plan Substantially Increasing Parnassus Heights Campus Development Against Numerous CEQA Challenges

CEQA Developments

OCTOBER 10, 2023

The EIR’s multiple project objectives aim to enhance the campus’s educational, research and clinical functions by fostering collaboration and facilitating interdependence and connectivity of the uses in close proximity, and to expand inpatient capacity while addressing severe space constraints. Resources Code, § 21099(b)(3).)

2014

2014 Law 2006 2023

Second District Affirms Judgment Voiding CEQA Infill Exemption For Hollywood Hotel Project That Would Demolish Affordable Housing Units Because City Deemed Inapplicable And Never Considered Project’s Consistency With General Plan Housing Element Policies To Preserve Affordable Housing

CEQA Developments

AUGUST 7, 2023

Conclusion and Implications While the Class 32 infill exemption can be a very useful CEQA compliance tool for some development projects, it has its limits and requires proper documentation and evidentiary support, as illustrated by this case. United Neighborhoods for Los Angeles v. City of Los Angeles (Fariborz Moshfegh, et al.,

2023

2023 Law 2015 Environmental Responsibility

Missing the Forest For the Trees: First District Reverses Trial Court, Upholds Project Description And Impact Analysis In Regents’ EIR For Vegetation Removal Projects To Reduce Wildfire Risk At UC Berkeley Hills Campus

CEQA Developments

JUNE 20, 2023

3) reversed the trial court’s judgment granting a writ of mandate in consolidated CEQA actions and upheld the adequacy of the UC Regents’ EIR for vegetation removal actions planned to occur within about 800 acres of hilly, forested and fire-prone land on UC Berkeley’s Hill Campus. The Claremont Canyon Conservancy v. Christ (2023) Cal.App.5th.

Law

Law 2023 2019 Climate Change

Sixth District Reverses Writ, Upholds Responsible Agency Monterey County’s Approval of Desalination Plant In Reliance on CPUC’s EIR For Multi-Component, Cross-Jurisdictional Water Supply Project; Court Rejects CEQA Challenges Based On County’s Decision Not to Prepare Subsequent EIR and Allegedly Inadequate Statement of Overriding Considerations

CEQA Developments

NOVEMBER 7, 2023

Cal-Am’s Multi-Component, Cross-Jurisdictional Water Supply Project Cal-Am is a CPUC-regulated investor-owned water utility that supplies water to much of the Monterey Peninsula, a semi-arid area prone to frequent drought conditions that is heavily reliant on historically over drafted groundwater aquifers for its water supply.

Government

Government 2018 Recycling 2004

Reversal of Misfortune: Second District Holds CEQA Action Challenging Los Angeles Housing Development Project Barred By Statute of Limitations, Reverses Trial Court Judgment Rejecting MND and Requiring EIR

CEQA Developments

JANUARY 29, 2024

Petitioners filed a writ action challenging the project approvals based on CEQA, Planning and Zoning Law (Gov. The Court rejected the argument that the action was timely based on the City’s third NOD, filed on June 18, 2021, after the Council approved the zoning change, for four basic reasons: 1.

2020

2020 2021 2007 2010

Second District Holds Ventura County’s Adoption of Ordinance Creating Wildlife Migration Corridor Overlay Zones In County’s Rural Areas Did Not Violate SMARA And Was Properly Determined Categorically Exempt From CEQA

CEQA Developments

NOVEMBER 16, 2023

The ordinance at issue created wildlife migration corridor overlay zones covering approximately 163,000 less-developed acres of the County, including 10,000 acres of classified mineral resources. The Court explained: The Project Opponents argue that the Project permits a “use,” namely a wildlife corridor. But the use is by wildlife.

2013

2013 Law Natural Resources Regulations

Second District Reverses Preliminary Injunction, Holds CEQA Cannot Trump Santa Barbara County’s Authority To Remove Unpermitted Encroachments Placed In Public Right-Of-Way By Adjacent Landowners

CEQA Developments

AUGUST 29, 2023

These problems were apparently exacerbated by increased trailhead use during the pandemic and the County’s removal in Spring 2021 of about 50 parking spaces on another road near the trailhead to accommodate fire risk and emergency access concerns raised by the fire department. It also recovers space for public parking.

Law

Law 2002 2010 2016

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Trending Sources

Ocean Views Matter: Fourth District Holds Program EIR For Community Plan Update Didn’t Consider Potentially Significant View Impacts of City of San Diego’s Subsequent Approval of Ballot Measure Excluding Entire Area From City’s 30-Foot Coastal Zone Height Limit

Webinars

First District Affirms Judgment Upholding UCSF’s EIR for Long-Range Development Plan Substantially Increasing Parnassus Heights Campus Development Against Numerous CEQA Challenges

Second District Affirms Judgment Voiding CEQA Infill Exemption For Hollywood Hotel Project That Would Demolish Affordable Housing Units Because City Deemed Inapplicable And Never Considered Project’s Consistency With General Plan Housing Element Policies To Preserve Affordable Housing

Missing the Forest For the Trees: First District Reverses Trial Court, Upholds Project Description And Impact Analysis In Regents’ EIR For Vegetation Removal Projects To Reduce Wildfire Risk At UC Berkeley Hills Campus

Reversal of Misfortune: Second District Holds CEQA Action Challenging Los Angeles Housing Development Project Barred By Statute of Limitations, Reverses Trial Court Judgment Rejecting MND and Requiring EIR

Second District Holds Ventura County’s Adoption of Ordinance Creating Wildlife Migration Corridor Overlay Zones In County’s Rural Areas Did Not Violate SMARA And Was Properly Determined Categorically Exempt From CEQA

Second District Reverses Preliminary Injunction, Holds CEQA Cannot Trump Santa Barbara County’s Authority To Remove Unpermitted Encroachments Placed In Public Right-Of-Way By Adjacent Landowners

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