?? Environmental & Sustainable Development Update:
Key California Environmental Quality Act (CEQA) ruling in
Yerba Buena Neighborhood Consortium, LLC v. The Regents of the University of California (2023)
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CEQA practitioners should all take careful note of this recent California appellate decision that underscores the evolving nature of CEQA compliance and its implications for long-range development projects. This case involves UC-San Francisco's Comprehensive Parnassus Heights Plan which proposes redevelopment of its campus over the next 30 years, including the demolition of eight significant buildings (including some considered historic) and construction of a 16-story new hospital and 8-story research and academic building.
The California appellate court confirmed that the Environmental Impacts Report (EIR) provided a reasonable range of alternatives, addressing the key points of contention and supporting the Regents' choice not to include an offsite alternative. This serves as a pertinent reminder of the flexibility allowed under CEQA in framing alternatives.
Public Transit Impacts: The court found the EIR's analysis of public transit impacts lacking but ruled the oversight non-prejudicial. This decision is particularly significant for urban planning, emphasizing the importance of detailing transit impacts in EIRs while also highlighting the limits of such requirements.
Historical Preservation vs. Development Needs: The decision to allow the demolition of historic buildings in favor of new construction reflects a prioritization that can be contentious. This aspect of the ruling is critical for those involved in projects where historical resources are affected.
Specificity in Mitigation Measures: The court upheld the EIR's mitigation strategies for wind impacts, pointing out the necessity for specificity in outlining mitigation measures. The City’s ordinances established criteria for wind impacts and UC used these as thresholds to determine that the new hospital would result in a significant unavoidable impact. The EIR included a mitigation measure that would require wind tunnel testing of the design of the future hospital when the design became available. The Court distinguished its decision here from its contrary decision on the adequacy of wind effect mitigation in East Oakland Stadium Alliance v. City of Oakland (2023) 89 Cal.App.5th 1226, which we'll review subsequently.
This case exemplifies some nuanced considerations that must be balanced in urban development projects under CEQA. It serves as a vital learning and discussion point for professionals involved in environmental law and urban planning.
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