Plаintiff Banning Ranch Conservancy appeals from the denial of its petition for a writ of mandate directing the City of Newport Beach (City) to vacate certification of an environmental impact report (EIR) for the development of Sunset Ridge Park.
Plaintiff contends the EIR wrongly defined the project to exclude the pending residential and commercial development on an adjacent property, Banning Ranch. It claims the park and development are one interrelated project to which the City is giving improper “piecemeal” review.
In addition, plaintiff asserts the EIR was substantively inadequate in five ways. It contends the EIR insufficiently analyzed the park’s cumulative traffic impact, growth-inducing impact, cumulative biological impact, impact on the California gnatcatcher’s habitat, and consistency with the California Coastal Act of 1976 (Coastal Act) (Pub. Resource Code, § 30000 et seq.).
We disagree with plaintiff’s contentions, and affirm. First, the EIR’s project definition properly excluded the neighboring development, which is not a reasonably foreseeable consequence of the park. The two are separate projects with different proponents, serving different purposes. Second, the EIR adequately analyzes the park’s environmental impact. Substantial evidence supports .its conclusions, and the City did not prejudicially abuse its discretion by approving it.
FACTS
The Park, Banning Ranch, and the General Plan
The City bought land at the northwest comer of West Coast Highway and Superior Avenue in 2006. The parcel is roughly anvil shaped. The anvil’s “base” faces roughly southwest, and mns along West Coast Highway. A scenic easement bars pavement or structures over the southern portion. The hom of the anvil (the protruding part) faces roughly southeast, and mns along a curved section of Superior Avenue. The top of the anvil faces roughly northeast and borders a residential neighborhood of the City. The remaining side of the anvil, opposite the hom, faces west.
This western boundary abuts property commonly known as Banning Ranch, which is controlled by Newport Banning Ranch LLC (NBR LLC). Banning Ranch covers over 400 “primarily undeveloped” acres previously used for oil production. The property is roughly California shaped. Its northern boundary mns contiguous to 19th Street in Costa Mesa, and largely
Also in 2006, the City adopted a general plan to achieve the vision of what “residents want Newport Beach to be now and in 2025.” The general plan “focuses on conserving the existing pattern of land uses,” and “establishes strategies for [the] enhancement and revitalization” of “areas of the City that are not achieving their full potential.” Reaching beyond “lands within the jurisdiction of the City of Newport Beach,” the general plan “also specifies policies for the adopted Sphere of Influence (SOI), encompassing Banning Ranch, which represent the City’s long-term intentions for conservation and development of the property should it be annexed to Newport Beach. Until that time, uses and improvements of the property are subject to the County of Orange General Plan.”
In the introduction, the general plan states the City will “[s]upport[] efforts to acquire Banning Ranch for permanent open space.” But failing that, the general plan contemplates developing Banning Ranch. Land use policy 3.4 of the “Land Use Element” provides, “Prioritize the acquisition of Banning Ranch as an open space amenity for the community and region, consolidating oil operations, enhancing wetland and other habitats, and providing parkland amenities to serve nearby neighborhoods. If the property cannot be acquired within a time period and pursuant to terms agreed to by the City and property owner, allow for the development of a compact residential village that preserves the majority of the site as open space and restores critical habitat ____” Similarly, a “POLICY OVERVIEW” provides, “The General Plan prioritizes the acquisition of Banning Ranch as an open space amenity for the community and region. Oil operations would be consolidated, wetlands restored, nature education and interpretative facilities provided, and an active park developed containing playfields and other facilities to serve residents of adjoining neighborhoods, [f] Should the property not be fully acquired as open space, the Plan provides for the development of a concentrated mixed-use residential village that retains the majority of the property as open space.”
The general plan states the City intends to “[construct the circulation system described on the map entitled Newport Beach Circulation Element— Master Plan of Streets and Highways . . . .” The “Master Plan of Streets and Highways” indicates two unbuilt “Primary Roads” on Banning Ranch. One road starts on West Coast Highway and proceeds north before curving east. The other starts on West Coast Highway and winds north all the way to 19th Street. The Orange County Transportation Authority’s “Master Plan of Arterial Highways” shows different potential roads crossing Banning Ranch.
In March 2009, the City announced it was acting as the lead agency to prepare an EIR “for the Newport Banning Ranch Project.” It reported in its notice of preparation: “The Newport Banning Ranch Project (Project) proposes the development of up to 1,375 residential dwelling units, 75,000 square feet of commercial uses, аnd 75 overnight resort accommodations on a Project site of approximately 401 acres.” Because “[a] majority of the Project site is located in the unincorporated Orange County area ... [a] s a part of the Project, these unincorporated areas would be annexed to the City.”
The City reported the Newport Banning Ranch (NBR) “development would be constructed from south to north,” “starting in the southern portion of the Project site closest to West Coast Highway.” Yet “[p]ublic access to the Project does not currently exist.”
Thus, the NBR project needed an access road. The City stated, “[t]he primary entrance to the Project site is proposed from West Coast Highway,” which “may require the widening of a portion of the northern side of West Coast Highway.” It described: “Bluff Road. As a part of the project, Bluff Road would be constructed from a southern terminus at West Coast Highway to a northern terminus at 19th Street. . . . [¶] Bluff Road would serve as the primary roadway through the Project site .... The implementation of Bluff Road may be phased.” The road would be a “Primary Arterial,” which is “usually a four-lane, divided roadway. . . . designed to accommodate ... a typical daily capacity of 34,000 vehicles per day.”
And in the notice of preparation, the City repeatedly referred to its plans to build a park. Its description of Banning Ranch’s neighbors included “[t]he City of Newport Beach’s proposed Sunset Ridge Park, located contiguous to the Project site’s southeastern boundary.” “Sunset Ridge Park” is conspicuously labeled on the “Surrounding Land Uses” diagram. The park is identified on the “Conceptual Master Land Use Plan,” which also shows the planned location for Bluff Road (labeled “North Bluff Road” and “South Bluff Road”). Finally, the City stated, “Access into the City of Newport Beach’s proposed Sunset Ridge Park is proposed from Bluff Road within the Project site.”
The Sunset Ridge Park Project
Two months after the City issued the NBR notice of preparation, it issued a notice of preparation for the park project. It “propose[d] to develop the approximate 18.9-acre site with active and passive recreational uses and an access road to the park through Newport Banning Ranch. The access road
The site plan shows the planned park, the access road, and what appears to be the property line between the City’s parcel and Banning Ranch. Only once in the park notice of preparation does the City disclose that Banning Ranch is “proposed for development by Newport Banning Ranch.”
The City issued its draft EIR for the park project in October 2009. It retained BonTerra Consulting to prepare the draft EIR—the same consultant preparing the EIR for thе NBR project.
The draft EIR analyzed the park’s access road. It noted: “The road would extend northward from West Coast Highway for about 850 feet, and then would follow a northwest-to-southeast alignment for about 550 feet to connect to the park parking lot.” The road for the most part “would be constructed as a 28-foot-wide undivided roadway with 2 travel lanes.” It projected the park would generate 173 vehicle trips daily.
The draft EIR also analyzed the proposed signal on West Coast Highway. It noted the general plan already “assumes a roadway extension north through the Newport Banning Ranch property to 19th Street, with additional connections at 15th and 17th Street with or without development of that property. The park access road would also serve as one of the access points from the public street system to any future development on the Newport Banning Ranch property; widening of the park access road would be required.” Because the general plan “designates the Newport Banning Ranch property as Open Space/Residential Village,” “the signal warrants were conducted for Gеneral Plan buildout under both General Plan scenarios for the Newport Banning Ranch property.” Whether Banning Ranch is used as open space or developed as a residential village, “[t]he estimated average daily traffic . . . volume on the park access road approach to West Coast Highway is forecasted to exceed the minimum volume requirements” (at least 3,200 vehicles per day) warranting a traffic signal.
Plaintiff submitted comments to the City during the public review period. Plaintiff’s planning consultant contended the draft EIR had “piecemealed” the
The City responded to the public comments and prepared a final EIR. In a series of “Topical Responses,” the City addressed concerns about the access road and the NBR project. The City conceded “the proposed Sunset Ridge Park Project and the proposed Newport Banning Ranch Project assume the generally same roadway alignment from West Coast Highway.” It also “acknowledge^] that the proposed park alone would not generate enough traffic to warrant a traffic signal.”
But the City “respectfully disagree[d]” with commenters who “suggested that the proposed Newport Banning Ranch Project is a part of the Sunset Ridge [Park] Project and therefore should be analyzed in one EIR and [as] a signal project.” It noted both the general plan and the county master plan “depict a north-south roadway”—“a four-lane, divided roadway”—“through the Newport Banning Ranch property extending from West Coast Highway to 19th Street.” The City stated, “a Primary Road would be constructed through the Newport Banning Ranch property from West Coast Highway to 19th Street” “whether the Newport Banning Ranch property is developed in the future or whether it is acquired for open space . . . .” It asserted that even if Banning Ranch was used as open space, the general plan provided for “nature education and interpretative facilities and an active park containing playfields and other facilities to serve residents of adjoining neighborhoods; and the construction of the north-south Primary Road extending from West Coast Highway to a connection with an east/west arterial roadway.” And “under future conditions, with the completion of a road in this location ... the intersection of the park access road with West Coast Highway would warrant a signal.”
And the City maintained the two projects were distinct. It stated, “Neither the proposed Sunset Ridge Park Project nor the proposed Newport Banning Ranch Project must be approved or constructed in order for one or both of the proposed Projects to be implemented. Neither the Sunset Ridge Park Project
In specific response to plaintiff’s piecemealing objection, the City claimed the Banning Ranch easement for the park access road “is intended to be independent and does not presuppose development by the Newport Banning Ranch applicant.” The city council passed a resolution certifying the final EIR at a public hearing on March 23, 2010.
At the same hearing, the City also approved an “ACCESS AGREEMENT” between it and NBR LLC. The recitals provided the “[pjarties desire to enter into this Access Agreement to facilitate City’s economical and efficient development of Sunset Ridge Park while not precluding NBRLLC’s access to and economical and efficient use of the NBR Property.” NBR LLC agreed to grant a nonexclusive easement to the City to build and maintain an access road to the park.
In exchange for the Banning Ranch easement, the City agreed to “design and construct the Access Road Improvements from West Coast Highway to [the park] to match the proposed vertical and horizontal alignment of the east side of the proposed Bluff Road.”
Plaintiff filed a petition for a writ of mandate in April 2010, and later filed а supplemental petition. The court denied the petition in May 2011. It found “substantial evidence supports the City’s finding that the CEQA
DISCUSSION
CEQA, EIRs, and Piecemealing
“The foremost principle under CEQA is that the Legislature intended the act ‘to be interpreted in such manner as to afford the fullest possible protection to the environment within the reasonable scope of the statutory language.’ ” (Laurel Heights Improvement Assn. v. Regents of University of California (1988)
“With narrow exceptions, CEQA requires an EIR whenever a public agency proposes to approve or to carry out a project that may have a significant effect on the environment.” (Laurel Heights, supra,
“Project” is a term of art. “CEQA broadly defines a ‘project’ as ‘an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and ... [¶] ... [¶].. . that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.’ [Citation.] [¶] The statutory definition is augmented by the Guidelines [(Cal. Code Regs., tit. 14, § 15000 et seq.)], which define a ‘project’ as ‘the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment . . . .’ ” (Tuolumne County Citizens for Responsible Growth, Inc. v. City of Sonora (2007)
“Under CEQA, the public is notified that a draft EIR is being prepared [citations], and the draft EIR is evaluated in light of comments received. [Citations.] The lead agency then prepares a final EIR incorporating
“The EIR is the primary means of achieving the Legislature’s considered declaration that it is the policy of this state to ‘take all action necessary to protect, rehabilitate, and enhance the environmental quality of the state.’ [Citation.] The EIR is therefore ‘the heart of CEQA.’ [Citations.] An EIR is an ‘environmental “alarm bell” whose purpose it is to alert the public and its responsible officials to environmental changes before they have reached ecological points of no return.’ ”
“Consequently, like so many other matters in life, timing in EIR preparation is essential.” (Berkeley Kеep Jets Over the Bay Com. v. Board of Port Cmrs. (2001)
Accordingly, “CEQA forbids ‘piecemeal’ review of the significant environmental impacts of a project.” (Berkeley Jets, supra,
The California Supreme Court set forth a piecemealing test in Laurel Heights. “We hold that an EIR must include an analysis of the environmental effects of future expansion or other action if: (1) it is a reasonably foreseeable consequence of the initial project; and (2) the future expansion or action will be significant in that it will likely change the scope or nature of the initial project or its environmental effects.” (Laurel Heights, supra,
Applying this test, the Laurel Heights court held a university wrongly piecemealed the environmental review of the relocation of its pharmacy school. The EIR analyzed the school’s initial move into 100,000 square feet of a building. (Laurel Heights, supra,
This is where the law gets murky. “Reasonably foreseeable” is a familiar concept, but the courts have not comprehensively explored the meaning of “consequence” in this context. The cases tend to be fact driven, as predicted. (See Laurel Heights, supra,
The piecemealing case law defies easy harmonization. Still, we can group the leading cases by their stated reasoning into some potentially useful categories.
First, there may be improper piecemealing when the purpose of the reviewed project is to be the first step toward future development. (See, e.g., Laurel Heights, supra,
And there may be improper piecemealing when the reviewed project legally compels or practically presumes completion of another action. (Nelson v. County of Kern (2010)
On the other hand, two projects may properly undergo separate environmental review (i.e., no piecemealing) when the projects have different proponents, serve different purposes, or can be implemented independently. (Communities for a Better Environment v. City of Richmond (2010)
The Park Project Is Not Receiving Improper Piecemeal Review
Plaintiff contends the EIR incorrectly defined the project to include only the park and the access road. It asserts the whole of the action includes the NBR project—in other words, the park project and the NBR project are one project the City is improperly reviewing in piecemeal fashion. We independently determine whether this is so. (See Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (2007)
This case meets part of the Laurel Heights test—the NBR project is reasonably foreseeable. (Laurel Heights, supra,
And the NBR project “will likely change the scope or nature of the initial project or its environmental effects.” (Laurel Heights, supra,
What remains is that key word: consequence. While the NBR project may make reasonably foreseeable changes to the scope and nature of the park project (at least to its access road), we must determine whether “it is a reasonably foreseeаble consequence of the initial project.” (Laurel Heights, supra,
To some extent, this case fits in the “first step” category. When the City issued the park notice of preparation, it knew the NBR project was coming— the City had already issued the NBR notice of preparation. Both projects need an access road. Building the park’s access road obligates the City to do some work that benefits the NBR project. That includes widening West Coast Highway, installing a traffic signal at West Coast Highway to accommodate thousands of vehicles daily, and constructing a section of “[NBR LLC’s] road ... at their grades,” subject to NBR LLC’s approval. All this is reasonably seen as easing the way for the NBR project.
But the park’s access road is only a baby step toward the NBR project.
The park project fits more closely into the “no piecemealing” category. The park project and the NBR project have “different project proponents.” (CBE, supra,
Finally, and importantly, the City’s general plan calls for construction of Bluff Road or its equivalent. (See Plan for Arcadia, supra,
Plaintiff contends no roads will be built across Banning Ranch if it is acquired for open space, but we disagree.
We conclude the EIR adequately defines the project, without inclusion of the NBR project. The park project and the NBR project are separate actions. The City is not giving them improper piecemeal review.
The EIR Adequately Addressed the Park Project’s Environmental Impacts
Even if the EIR properly defined the park project, plaintiff contends the EIR inadequately analyzed five points: (1) the cumulative traffic impact, (2) the growth-inducing impact, (3) the cumulative biological impact, (4) the impact on habitat for the California gnatcatcher, and (5) its consistency with the Coastal Act. We disagree.
1. Cumulative Traffic Impact. Plaintiff contends the park EIR insufficiently addresses the cumulative impact that the park project and NBR project might have on traffic. It notes the draft EIR’s traffic analysis lists the NBR project as one of the “Cumulative Projects,” the “reasonably foreseeable projects in
“Cumulative impacts analysis evaluates the incremental impact of the project in conjunction with, or collectively with, other closely related past, present, and reasonably foreseeable probable future projects.” (City of Long Beach v. Los Angeles Unified School Dist. (2009)
“ ‘We review an agency’s decision regarding the inclusion of information in the cumulative impacts analysis under an abuse of discretion standard. “The primary determination is whether it was reasonable and practical to include the projects and whether, without thеir inclusion, the severity and significance of the cumulative impacts were reflected adequately.” ’ ” (Long Beach, supra,
The traffic cumulative impact analysis was reasonable and practical, at least as set forth in the final EIR. In a two-part response to public comment P54 on the draft EIR, the City stated the park access road was consistent with the general plan.
2. Growth-Inducing Impacts. Plaintiff contends the EIR “astonishingly concludes that the [park] Project will have no growth-inducing impacts,” “[d]espite the obvious connections between the Sunset Ridge [Park] infrastructure and the proposed NBR project.”
The EIR evaluated “[t]he potential growth-inducing effects of the Project.. . in three ways; [¶] 1. Would the Project have an effect on undeveloped land that may not be designated on any general plan for urban development, but would nonetheless experience increased growth pressure due to the presence of the Project? [¶] 2. Would the Project have an effect by removing constraints, thereby facilitating the construction of previously approved projects? [¶] 3. Would the Project influence redevelopment of areas at a higher intensity than currently exists?” It concluded the park “would serve an identified need” by filling a “citywide park deficiency,” “rather than induce population growth and/or new development in the City . . . .” It noted the park was “compatible with adjacent land uses”; “consistent [with] the City’s General Plan, Coastal Land Use Plan, and Zoning designations for the site”; and would not “induce substantial new unforeseeable development in the area.”
“Under CEQA, a public agency is not always ‘required to make a detailed analysis of the impacts of a project on [future] housing and growth.’ [Citation.] ‘Nothing in the [CEQA] Guidelines, or in the cases, requires more than a general analysis of projected growth. The detail required in any particular case necessarily depends on a multitude of factors, including, but not limited to, the nature of the project, the directness or indirectness of the contеmplated impact and the ability to forecast the actual effects the project will have on the physical environment.’ [Citation.] [f] ‘In addition, it is relevant, although by no means determinative, that future effects will themselves require analysis under CEQA.’ ” (Muzzy Ranch Co. v. Solano County
“The substantial evidence standard . . . applies to challenges to the scope of an EIR’s analysis of a topic, the methodology used for studying an impact and the reliability or accuracy of the data upon which the EIR relied because these types of challenges involve factual questions. [Citation.] ‘Substantial evidence is defined as “enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached.” ’ ” (Bakersfield Citizens for Local Control v. City of Bakersfield (2004)
Here, substantial evidence supports the EIR’s conclusion that the park will not have a growth-inducing impact, particularly in regard to the NBR project. Most notably, the NBR project was proposed first—the park is not inducing it. As our piecemealing analysis showed, the NBR project is not a consequence of the park. (See Clover, supra,
Other considerations support the EIR’s growth-inducing impact analysis. First, the EIR noted the park’s aсcess road is consistent with the general plan. (See Clover, supra,
3. Cumulative Biological Impacts. Plaintiff notes the draft EIR’s biological resources analysis does not mention the NBR project at all in its “CUMULATIVE IMPACTS” discussion.
Even so, the biological resources cumulative impact analysis in the final EIR was reasonable and practical. The City responded to public comment 40 by stating, “The Newport Banning Ranch property is assumed in the cumulative biological resources analysis; both properties are within the boundaries of the NCCP.” That is a rеference to the “Natural Communities Conservation Plan” habitat conservation plan for the Central/Coastal subregion which, as explained in the draft EIR, plays an “important role in mitigating cumulative impacts through the preservation and management of open space or a region-wide and ecosystem based program.” The draft EIR continues, “Conservation biologists and regional planners have determined that ecosystem based programs, such as the NCCP, are the most appropriate way to evaluate and mitigate for potential cumulative impacts resulting from multiple projects impacting biological resources in a given region.”
The City thus clarified that the draft EIR did account for the NBR project in its biological resource cumulative effects analysis. And that analysis concluded, “When viewed collectively, these projects would not result in cumulative impacts to biological resources because (1) none of the projects are located in the Central/Coastal Subregion Reserve System, (2) three of the projects are participants in the Central/Coastal Subregion NCCP/HCP, with the allotted take authority, (3) significant native habitat has already been conserved in Orange County, (4) each project has mitigated its potential impacts to biological resources consistent with State and federal law, (5) the quantity of native habitat on the Project site that would be impacted is not cumulatively significant.” With the clarification, the EIR sufficiently satisfied its dual roles as “ ‘an informational document’ ” (Laurel Heights, supra,
4. California Gnatcatcher Habitat Impact. Plaintiff contends the EIR downplayed the park project’s significant impact on the habitat of a threatened bird, the California gnatcatcher. Plaintiff further contends the EIR failed
The EIR analyzed the park project’s impact on the California gnatcatcher’s habitat. It noted, “The Project site is within Critical Habitat units defined by the U.S. Fish and Wildlife Service (USFWS) for the coastal California gnatcatcher. The western portion of the site also supports the federally listed Threatened coastal California gnatcatcher.” The draft EIR acknowlеdged, “The Project is expected to impact a total of 0.68 acre (0.14 acre southern coastal bluff scrub, 0.48 acre disturbed mule fat scrub/goldenbush scrub, and 0.06 acre willow scrub) of habitat for this species. The Encelia scrub, Encelia scrub/omamental, and disturbed Encelia scmb on the Project site would not be considered utilized by the gnatcatcher due to the periodic mowing and traffic/pedestrian edge effects in this area.” (Fns. omitted.)
The EIR concluded, “[t]he impact on this species would be considered significant,” but “[implementation of [mitigation measures] would reduce this impact to a less than significant level.” Among a host of mitigation measures—e.g., no scmb removal during breeding and nesting season, flushing gnatcatchers before scmb removal or earth moving—the City would mitigate “the loss of 0.41 acre of coastal sage scmb habitat ... at a two to one (2:1) ratio on the Project site or in suitable off-site locations in the Newport Beach/Costa Mesa area. A 2:1 ratio for mitigation is appropriate for the habitat impacted which is non-typical for gnatcatchers and subject to degradation by invasive, non-native species.”
Substantial evidence supports the EIR’s determination that the park project would significantly impact only 0.68 acre of California gnatcatcher habitat. (See Vineyard, supra,
Similarly, substantial evidence shows the mitigation measures were adequate. (See Mira Mar Mobile Community v. City of Oceanside (2004)
5. Coastal Act Consistency. Plaintiff contends the EIR failed to disclose the park project’s inconsistency with the Coastal Act. (Sierra Club v. City of Orange (2008)
The ESHA analysis was adequate. The EIR identified the relevant Coastal Act policies. It stated no area of project had been designated an ESHA, according to the City’s coastal land use plan. It acknowledged two areas had “the potential to be considered . . . ESHA[s] by the California Coastal
Plaintiff claims the Coastal Commission is “highly likely” to designate the two areas as ESHAs, and will reject the attempted mitigation. Maybe it will.
The wetlands analysis was also adequate. The EIR stated, “no wetlands defined by the California Coastal Act occur on the Project site.” Plaintiff contends the EIR wrongly used only the federal wetlands methodology, not the proper state methodology. But the EIR’s biological technical report sets forth the Coastal Act’s definition of wetlands, and later concludes that “[b]ased on the project design plans, no wetlands as defined by the Coastal Act are expected to be impacted by the project.” Nothing reasonably suggests the EIR failed to apply the wetlands definition it just recited. Plaintiff also reargues the evidence, asserting a series of past actions on the site (illegal mowing, prior vegetation removal by NBR LLC) might require future remediation, and noting a City planner’s ambiguous statement that “[t]here is enough there for coastal staff to determine it a wetland . . . .”
The judgment is affirmed. The City shall recover its costs on appeal.
Aronson, Acting P. J., and Thompson, J., concurred.
Appellant’s petition for review by the Supreme Court was denied March 27, 2013, S208112.
Notes
One commenter forwarded an e-mail from a Caltrans representative who conceded: “the proposed traffic signal is not for the sole purpose of providing access to Sunset Ridge Park. This signal will be the main access to the future Banning Ranch development ... the main reason behind [the signal] is to provide motorists access to the Banning Ranch Development.”
Before the City issued either the NBR or park notice of preparation, an assistant city engineer lamented to the city’s environmental consultant: “We are going through a lot of pain to get [NBR LLC’s] road in at their grades.”
3 California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.).
An EIR is also “a document of accountability. If CEQA is scrupulously followed, the public will know the basis on which its responsible officials either approve or reject environmentally significant action, and the public, being duly informed, can respond accordingly to action with which it disagrees.” (Laurel Heights, supra,
(But see Tuolumne County, supra, 155 Cal.App.4th at pp. 1227-1228 [home improvement center EIR must include road realignment called for in general plan for 20 years]; id. at p. 1230 [criticizing West Side Irrigation; “the possibility that two acts could be taken independently of each other is not as important as whether they actually will be implemented independently of each other”].)
We grant the City’s request to take judicial notice of a staff report, hearing transcript, draft minutes, and notice of determination from the California Coastal Commission. Apparently, the commission approved the City’s application for a coastal development permit for the park— but in its apрlication, the City abandoned the access road in favor of using an existing parking lot across Superior Road. Even so, this appeal is not moot. First, the commission has not yet issued its final permit, findings, and conditions. Second, the City has not rescinded its approval of the park EIR. (Cf. Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa (2011)
Imprecision in distilling the piecemealing doctrine is contemplated, if not mandated, by Laurel Heights’s expressly fact-dependent test. (Laurel Heights, supra,
We reach the same result whether we defer to the City’s interpretation of its own general рlan or review it independently.
Because plaintiff did not submit this comment, the City claims plaintiff failed to exhaust its administrative remedies. But plaintiff “may assert any issues raised by other parties during the administrative proceedings.” (Galante Vineyards v. Monterey Peninsula Water Management Dist. (1997)
The general plan anticipates development on Banning Ranch substantially similar to that proposed in the NBR project: a total of 1,375 residential dwelling units. Plaintiff quibbles about differences in the exact number of specific types of dwelling units, but it fails to show those changes render the traffic analysis inadequate.
The final EIR clarified the 0.68 acre is habitat “determined to be used by this species during the breeding season.”
(See Bolsa Chica Land Trust v. Superior Court (1999)
The statement is less ambiguous in context. A City planner wrote to a City engineer: “After ta[l]king it over with Gary, I think coastal staff won’t call it a wetland given the characteristics of that area, but you never know. There is enough there for coastal staff to determine it a wetland and they likely will try if they previously called a very similar area a wetland. Our record won’t call it a wetland and if they push it, it will be that prior precedent or politics driving them and I will be there to attempt to push those ideas back into the sea!”