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16 Jan 2020, 1:39 pm by Arthur F. Coon
CEQA’s Class 32 categorical exemption for “infill development” applies to proposed developments within city limits on sites of five or fewer acres substantially surrounded by urban uses, where the site has no habitat value for special status species, can be adequately served by all required utilities and public services, and the project would not have significant traffic, noise, air quality, or water quality impacts. [read post]
23 Dec 2019, 1:36 pm by Arthur F. Coon
Plaintiff challenged the EIR’s reliance on the 2035 General Plan’s new LOS standards as thresholds of significance, arguing that doing so avoided analysis of the significance of traffic impacts degrading to LOS F and avoided required study of alternatives and mitigation measures, and that the EIR’s less-than-significant conclusion thus lacked substantial evidence support. [read post]
3 Dec 2019, 4:56 pm by Arthur F. Coon
Despite well-reasoned requests for depublication made by the City of Los Angeles, the California Building Industry Association (CBIA), the California State Association of Counties (CSAC) and the League of California Cities (League), the Second District’s questionable and controversial decision in Stopthemillenniumhollywood.com, et al. v. [read post]
28 Oct 2019, 1:12 pm by Arthur F. Coon
  However, “[i]f the project may have significant effects, but mitigation measures will make the effects insignificant, the agency may adopt a mitigated negative declaration. [read post]
9 Oct 2019, 12:59 pm by Arthur F. Coon
In an opinion filed September 5, and later certified for partial publication on October 3, 2019, the Third District Court of Appeal affirmed a judgment upholding the City of Chico’s EIR and related statement of overriding considerations for Walmart’s project to expand an existing store, add a gas station, and create two new outparcels for future commercial development. [read post]
29 Aug 2019, 7:56 am by Arthur F. Coon
In an opinion originally filed on July 31, and belatedly ordered published on August 22, 2019, the Second District Court of Appeal (Division 3) affirmed a judgment granting a CEQA writ petition invalidating the final EIR and project entitlements for the Millennium Project, a controversial proposed mixed-use development on a 4.47-acre parcel straddling Vine Street and surrounding the historic Capital Records Building in Hollywood. [read post]
21 Aug 2019, 8:51 pm by Arthur F. Coon
Introduction And Overview On August 19, 2019, the California Supreme Court issued its unanimous 38-page opinion, authored by Chief Justice Cantil-Sakauye, in the CEQA “project definition” case we’ve been tracking with interest. [read post]
19 Aug 2019, 1:31 pm by Arthur F. Coon
Trades Council, AFL-CIO (9th Cir. 1994) 31 F.3d 800, 809.) [read post]
29 Jul 2019, 4:47 pm by Arthur F. Coon
In an opinion originally filed June 28, and later certified for partial publication on July 22, 2019 (upon the request of the California Building Industry Association), the Second District Court of Appeal affirmed a judgment denying a CEQA writ petition challenging a project converting a vacant former apartment building into a boutique hotel in Los Angeles’ Hollywood area. [read post]
19 Jun 2019, 4:51 pm by Arthur F. Coon
In a 38-page opinion filed on May 16, and belatedly ordered published on June 14, 2019, the Third District Court of Appeal affirmed the trial court’s judgment rejecting all of plaintiff/appellant Center for Biological Diversity’s (“CBD”) CEQA and statutory challenges to the EIR that the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”) was required by S.B. [read post]
6 Jun 2019, 1:44 pm by Arthur F. Coon
The California Supreme Court heard oral arguments in an important case we’ve been following involving CEQA’s definition of a “project” on the afternoon of June 4, 2019, and took the matter under submission. [read post]