May v. City of Milpitas
217 Cal. App. 4th 1307
| Cal. Ct. App. | 2013Background
- This CEQA challenge targets the City of Milpitas' Resolution approving Citation Residential Project amendments for 732 units.
- Plaintiffs filed December 7, 2011 seeking mandamus, declaratory and injunctive relief to set aside approvals and NOE.
- City certified the Transit Area Specific Plan EIR in 2008 and relied on exemptions for the project.
- City Council Resolution stated the project was exempt under CEQA Guidelines 15168(c)(2) and 15061(b)(3).
- City’s Notice of Exemption described the project as a residential amendment consistent with the 2008 EIR and did not certify a supplemental EIR.
- Trial court sustained demurrer, holding the CEQA challenge time-barred under Government Code 65457; judgment entered March 29, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the CEQA challenge is time-barred. | May argues NOE/21167 yield 35 days; 65457 should apply. | City asserts 65457 30-day limit controls; timely filing required. | Time-barred under 65457. |
| Whether the NOE and exemptions were misapplied to reset limits. | Petition alleges need for supplemental EIR under 21166. | Resolution relied on 15168(c)(2) and 15162; no new effects; proper exemption. | Exemption properly applied; limitations control remains 30 days. |
| Whether equitable estoppel or leave to amend救. | Appellants rely on estoppel due to NOE content. | No misrepresentation; no basis for estoppel. | Equitable estoppel not established; leave to amend denied. |
| Whether CEQA tiering and program EIR framework affect timeliness. | Tiering requires consideration of new information. | 65457 exempt residential projects; tiering allowed; no new EIR required. | Tiering supports exemption; limits control regardless of merits. |
Key Cases Cited
- Stockton Citizens for Sensible Planning v. City of Stockton, 48 Cal.4th 481 (2010) (CEQA timing and NOE/NOD timeframes; 30/35/180-day limits interplay)
- Committee For Green Foothills v. Santa Clara County Bd. of Supervisors, – (2010) (CEQA NOE triggers 30-day limit; program EIR tiering context)
- Concerned Dublin Citizens v. City of Dublin, 214 Cal.App.4th 1301 (2013) (First published on section 65457 analysis and need for supplemental EIR)