On June 12th, the California Court of Appeal, Fourth District, filed its decision in Golden Door Properties LLC v. County of San Diego, __ Cal.App. 5th __ (2020) (WL 3119041). In doing so, the Court extended the now decade-long effort of San Diego County to craft an adequate Climate Action…
By Neill Brower The California Supreme court determined the California State University (“CSU”) could not rely solely on earmarked appropriations from the State Legislature for payment of “fair share” mitigation fees the CSU determined necessary for full mitigation of impacts, and the absence of specific legislative appropriations for mitigation fees…
By Neill Brower and Sheri Bonstelle AB2222: Significant Changes to California’s Density Bonus Law Occur on January 1, 2015
by Neill Brower An August 5, 2013, the California Supreme Court provided some additional flexibility to local agencies in deciding what conditions properly constitute the “baseline” for analysis under the California Environmental Quality Act (“CEQA”). The decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (“Neighbors”), Case No.…
Neill Brower The Fourth District of the California Court of Appeal recently ruled that the California State University system could not use budgetary uncertainty as a basis for determining the feasibility of mitigation for off-campus impacts. In City of San Diego v. Board of Trustees of the California State University,…
Neill Brower A recent court decision upheld the use of multiple scenarios in a traffic analysis in an environmental impact report (“EIR”) for a redevelopment project. On November 22, 2011, the Sixth District of the California Court of Appeal certified for publication its decision in Pfeiffer v. City of Sunnyvale…
Neill Brower A recent court decision has already changed the way many public agencies evaluate traffic impacts in analysis reports prepared to satisfy the California Environmental Quality Act (“CEQA”). On December 16, 2010, the Sixth District of the California Court of Appeal issued its decision in Sunnyvale West Neighborhood Association…