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Posts Tagged ‘MND’

New CEQA Cases

In Tuolumne Jobs & Small Business Alliance v. Superior Court, (2014) 59 Cal.4th 1029, the California Supreme Court held that CEQA review is not required when a local government entity adopts a voter submitted land use initiative directly (and without the need for a public vote), just as CEQA review is not required before voters adopt an initiative at an election.

In Rominger v. County of Colusa, (2014) 229 Cal.App.4th 690, the court held that the approval of a tentative subdivision map was subject to CEQA review categorically – even if a specific development project was yet to be planned. The court further held that CEQA procedural errors (in this case, failure to post public notice of the County’s intent to adopt a mitigated negative declaration (MND) for the full 30 days) constituted abuse of discretions, but such errors are not grounds for reversal unless they are shown to be prejudicial. The court held that the 27-day notice period in this case was not prejudicial. Also, the court rejected arguments that an EIR (as opposed to an MND) was required to address potential agricultural, odor, noise, air quality, greenhouse gas and water supply impacts, but the court agreed that an EIR was required to address potential traffic issues.

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CASE UPDATE: Court Affirms Reduced Attorneys’ Fees Award in CEQA Case Involving MND For Community Center..

In Save Our Uniquely Rural Community Environment v. County San Bernardino, (2015) 235 Cal.App.4th 1179, the trial court granted an environmental group’s petition for a writ of mandate concerning  a proposed community center and mosque, for which the county planning board had adopted a mitigated negative declaration (MND) and issued a conditional use permit (CUP), and the court ordered the MND and CUP be set aside solely for purposes of obtaining further CEQA review on the single issue of waste water treatment. 

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CASE UPDATES: CEQA, Attorney-Client Privilege and Parking); and the Public Nuisance Exception to Coastal Commission Jurisdiction

This month’s Land Use Update features: 1) a CEQA case clarifying several issues about what must be included in an administrative record, including attorney-client privilege issues; 2) a CEQA case focused on parking issues; 3) an unusual case involving the public nuisance exception to Coastal Commission jurisdiction under the Coastal Act.

1. In Citizens for Ceres v. Superior Court of Stanislaus County (2013) (5th 2013) Case No. F065690, –Cal.Rptr.2d–, a case challenging an EIR prepared for a shopping center and Wal-Mart store under the California Environmental Quality Act,

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Miles J. Dolinger
Attorney at Law

314 Capitola Avenue Capitola, CA 95010
Phone: (831) 477-9193
FAX: (831) 477-9196
miles@dolingerlaw.com

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