Torrey Hills Suit Falls on Procedural Snafus

An appellate court has directed a trial court to set aside all of a project's approval because portions of an environmental impact report were found to be inadequate.

The Fifth District Court of Appeal declined to follow the practice of allowing severance of project approvals unaffected by the California Environmental Quality Act (CEQA) violation. Instead, the court required that the project approval be set aside in its entirely once the CEQA violation was shown.

An appellate court has blocked a proposed Santa Barbara housing subdivision because the city did not receive of voter approval of an access road and bridge on city-owned open space land, as required by a 1982 initiative. 

In the 100 years since the initiative and referendum powers have become part of the local land use planning and development legal framework, voters have used these populist elements of democracy to shape growth. The case from the City of Santa Barbara illustrates a variation on the intersection of planning and voter control. 

An environmental impact report for a 560-housing unit specific plan in the Riverside County city of Beaumont has been upheld by the Fourth District Court of Appeal. The court approved the city's use of a baseline for examining water usage that was favorable to the developer, accepted the city's determination that loss of farmland could not be mitigated, and upheld the city's statement of overriding consideration for approving a project with significant environmental impacts.

Divine purposes do not give developers a free pass to circumvent local zoning regulations. 

The Second District Court of Appeal has ruled that Los Angeles County was entitled to a court order that prohibited a church from operating a school without a required conditional user permit.

The Sahag-Mesrob Armenian Church owns two parcels zoned R-1 (single-family residential) in the San Gabriel Valley. In May 2008, the church filed an application for a conditional use permit to operate an 800-student, K-12 school on the property. Four months later, the county received complaints that the school was operating in advance of the issuance of the conditional use permit and without California Environmental Quality Act review.

Refusing to second-guess a decision made by a public agency based on substantial evidence, the First District Court of Appeal has upheld a Sonoma County urban water management plan.

The Cal Bears scored a victory in a recent legal challenge to a planned expansion of athletic facilities near the historic University of California football stadium in Berkeley.

The project opponents' playbook included a long list of California Environmental Quality Act (CEQA) violations allegedly committed by the University of California (UC) Board of Regents. The blue and gold had a solid game plan. The regents used a tiered Environmental Impact Report (EIR), carrying forward relevant CEQA analysis from the first tier to a later document and providing detailed, site-specific analysis in the later tier.

The shelf life of mitigation measures may readily outlast the lives of the projects to which the mitigations are attached, according to the Court of Appeal for the First Appellate District.

While the fact pattern in the case at hand was specific to timber harvesting and the conversion of property, the court's holding has application in the broader world of all California Environmental Quality Act (CEQA) reviews.

In 2006, a developers Y.T. Wong and SMI Construction, Inc. proposed to divide two existing ‘R-1' zoned parcels totaling 1.89 acres into 11 lots to allow for the development of single-family homes in the community of Fairview in unincorporated Alameda County, bordering the City of Hayward. The county sent out written notices to a number of agencies, neighbors, and other interested parties, including the group that would become the appellants, indicating the county's intent to utilize the section 15332 (Infill Development) CEQA exemption.

Citizens for Open Government v. City of Lodi involves the consolidation of three separate actions revolving around the City of Lodi's approval of a conditional use permit (CUP) for a shopping center to be anchored by a Wal-Mart Supercenter.

Factual Background

In 2004, the El Dorado County Board of Supervisors adopted a general plan. With that plan, the county adopted a programmatic environmental impact report (PEIR). The PEIR indicated that the development contemplated under the county's new general plan would have significant and unavoidable impacts on the county's oak woodland habitat and wildlife. The 2004 general plan identified two policies—options A and B—to assist in mitigating the impacts to oak woodland habitat. 

The trials of Sisyphus are apt metaphors for that moment in the California Environmental Quality Act review process wherein parties believe they have reached the summit but in fact discover themselves at the bottom of the hill, only to repeat their past efforts.

Observers of the California Environmental Quality Act may find it refreshing when a court lays it on the line. And that is exactly what Division Eight of the Second Appellate District did in addressing CEQA's requirements for baseline selection for projects with future implementation dates. Neighbors for Smart Rail v.