Opinion
A grоup of concerned citizens (plaintiffs) filed a petition for writ of mandate under the California Environmental Quality Act (CEQA or Act; Pub. Resources Code, § 21000 et seq.), challenging the certification of an environmental impact report (EIR) by the Board of Regents of the University of California (the Regents) regarding projected development of the Lawrence Berkeley National Laboratory (the Lab or LBNL). The trial court ruled partly in favor of plaintiffs and partly in favor of the Regents. Each party has appealed. Based on our de novo review, we reverse in favor of the Regents.
I. BACKGROUND
The Lab is a special research campus operated by the University of California (UC), “but it is owned and financed by the federal government and as such is distinct from the UC-owned Berkeley campus.” The Lab occupies a 202-acre site (main site or hill site) on land owned by the Regents, which is located in the eastern hills of Berkeley and Oakland. Thе Lab also occupies and uses space on the UC Berkeley campus (campus site), and in various leased locations mostly in Berkeley, Oakland, and Walnut Creek (off-site spaces).
In January 2007, the Regents published a draft EIR for its 2006 long-range development plan (LRDP or 2006 LRDP), 1 which serves as the comprehensive land use plan to guide physical development of the Lab’s main site. The proposed 2006 LRDP 2 “does not constitute a commitment to any specific рroject . . . .” Rather, the 2006 LRDP EIR is a program-level EIR that evaluates the effects of implementation of the entire LRDP, which describes the development program for the main site through 2025.
The LRDP establishes four land use zones at the main site. The zones are (1) research and academic (121 acres), (2) central commons (6 acres), (3) support services (19 acrеs), and (4) perimeter open space (56 acres). The LRDP also “calls for developing clusters of research and academic uses close to one another and creating usable, attractive plazas and other open spaces that would function as ‘commons’ for nearby buildings. This clustering of development would allow the Lab to evolve into a more campus-like setting, fostering interaction and informal encounters among Lab staff . . . .” “Thеse clusters will be known as individual ‘hill towns’ with their own unique character and themes.”
Under the proposed LRDP, “the total building area at the main . . . site could increase from 1.76 million gross square feet (gsf) of occupiable space to as much as 2.42 million gsf of occupiable space, for an overall increase over the life of the LRDP of 660,000 net new gsf.” The Lab’s total adjusted daily population (ADP) at all locations is projected to increase by 1,000 for an ADP of 5,375. 4 Additionally, “parking on the hill site would increase by approximately 500 net new spaces for a total of 2,800 parking spaces.”
The LRDP EIR considers five alternatives to the proposed LRDP. The alternatives are (1) “No Project Alternative” (as required by CEQA); (2) “Reduced Growth 1 Alternative”; (3) “Reduced Growth 2 Alternative”; (4) “Preservation Alternative with Non-LBNL Use of Historical Resources”; and (5) “Off-Site Alternative.” The “No Project Alternative” “would result in development at the main . . . site pursuant to the existing 1987 LRDP, and the proposed 2006 LRDP would not be implemented.” Under this alternative, “the amount of occupiable building space would increase up to approximately 2 million gsf, or roughly 13 percent above
The draft EIR for the 2006 LRDP was published on January 22, 2007. Comments on the draft EIR were accepted through March 23, 2007. A public hearing on the draft EIR was held on February 26, 2007. On July 19, 2007, the Regents certified the EIR, adopted the accompanying mitigations and findings, and issued a statement of overriding considerations. On July 20, 2007, a “Notice of Determination” was filed with the Governor’s Office of Planning and Research.
Plaintiffs petitioned the trial court for a writ of mandate challenging the approval of the 2006 LRDP and the certification of the associated EIR. On October 27, 2008, the trial court issued a statement of decision granting the petition in part and denying it in part. In so ruling, the trial court entered judgment against the Regents and in favor of the plaintiffs on the limited ground that the Regents had failed to recirculate a portion of the final EIR that was added in response to comments to the draft EIR. Plaintiffs and the Regents timely appealed.
A. Standard of Review
“In reviewing an agenсy’s compliance with CEQA in the course of its ■legislative or quasi-legislative actions, the courts’ inquiry ‘shall extend only to whether there was a prejudicial abuse of discretion.’ (Pub. Resources Code, § 21168.5.) Such an abuse is established ‘if the agency has not proceeded in a manner required by law or if the determination or decision is not supported by substantial evidence.’ (§ 21168.5; see
Western States Petroleum Assn. v. Superior Court
[(1995)
B. Plaintiffs’ Appeal
The plaintiffs’ appeal concerns two issues: the project alternatives and water quality impacts.
1. Alternatives
Plaintiffs argue that the Regents abused their discretion in two ways with regard to consideration of alternative plans: first, that a so-called “true off-site” alternative was not considered; and, second, that alternatives were improperly rejected based on “undefined” project objectives. Neither contention withstands analysis.
a. Range of Alternatives
“The purpose of an EIR is to give the public and government agencies the information needed to make informed decisions, thus protecting ‘ “not only the environment but also informed self-government.” ’
([Citizens of] Goleta [Valley v. Board of Supervisors
(1990)] 52 Cal.3d [553,] 564 [
The basic framework for analyzing the sufficiency of an EIR’s description of alternatives is set forth by the Guidelines and by the California Supreme Court in
Citizens of Goleta Valley v. Board of Supervisors, supra,
Here, the LRDP identified six objectives and an underlying purpose for the development plan. The six objectives are (1) “Expand partnerships and collaborations to enhance [the] Lab’s scientific and technical bаse”;
The underlying purpose of the LRDP “is to guide the physical development of land and facilities and to provide a framework for implementing the [Lab’s] mission and scientific goals.” Consistent with this purpose, the LRDP is founded on “four fundamental principles,” two of which are to “ ‘build a more campus-like research environment’ ” and to “ ‘improve access and connections to enhance scientific and academic collaboration and interaction.’ ” In turn, these “fundamental principles” underscore the importance of physical proximity in realizing the overall objectives of enhancing “collaboration, productivity, and efficiency.”
In keeping with these objectives, the LRDP proposes the development of “clusters,” which “would allow the Lab to evolve into a more campus-like setting,” by “developing clusters of research and academic uses close to one another,” thereby “fostering interaction and informal encounters among Lab staff and supporting the ‘team science’ heritage of the Lab.”
In light of the foregoing, the EIR concluded that the offsite alternative “would nоt meet the project objectives to expand functionality of Lab facilities, provide for cross-disciplinary research, or foster collaborative work environments among researchers, since it would result in a division of resources between locations.”
We are not persuaded by plaintiffs’ contention that the Regents should have considered a so-called “true no hillside growth” alternative, where all growth under the 2006 LRDP would occur at a satеllite campus, such as the Richmond Field Station. “An EIR need not consider every conceivable alternative to a project or alternatives that are infeasible. ([Guidelines, § 15126.6, subd. (a)]; see also
Goleta, supra,
[52 Cal.3d] at p. 574.)”
(Bay-Delta, supra,
In
Save San Francisco Bay Assn.
v.
San Francisco Bay Conservation etc. Com.
(1992)
In affirming the administrative approval of the aquarium construction, the appellate court noted that the California Supreme Court in
Goleta, supra,
As in Save San Francisco Bay, the size and scope of the 2006 LRDP for the Lab limits the number of alternatives that are both feasible and would accomplish most of the goals of the project. The Regents considered an offsite alternative that would have reduced some of the significant environmental impacts of the project to a less-than-significant level while still accomplishing at least some of the goals of the project. Under this alternative, all development under the 2006 LRDP would be divided between the hill site and at the Richmond Field Station. The EIR, however, concludes that “this alternative would not meet the project objectives to expand functionality of Lab facilities, provide for cross-disciplinary research, or foster collaborative work environments among researchers, since it would result in a division of resources between locations.”
Indeed, the so-called true offsite alternative proposed by plaintiffs would prevent the realization of the project’s primary objective of creating a more campus-like setting at the hill site, and would nullify most, if not all, of the other project objectives as well. Specifically, a complete offsite alternative would eliminate the project’s objectives of expanding the capacity of existing
Although an EIR must consider a reasonable range of potentially feasible alternatives and compare their environmental impacts, it does not have tо identify and analyze alternatives that would not meet a project’s objectives nor does it have to discuss every possible permutation of alternatives. (See
Bay-Delta, supra,
b. Project Objectives
We likewise conclude that the Regents’ rejection of the offsite alternative was supported by substantial evidence. According to plaintiffs, the “Regents violated CEQA by rejecting alternatives for failing to meet project objectives that were inadequately described and too narrowly defined.” (Capitalization altered.) To the extent plaintiffs seek to challenge the EIR’s description of the
Fostering collaboration and team science is an integral goal of the 2006 LRDP. There is ample evidence in the record supporting the conclusion that physical proximity is a key to meeting the project’s objectives. Statements made by the Lab’s current and former directors underscore the importance of creating a campus-like setting with common areas to promote the free exchange of ideas. For example, in the Lab’s 2005/2006 annual report, former director Steve Chu, explained that in “a culture of interdisciplinary problem-solving,” it is beneficial to have the opportunity to “spontaneously” form “research partnerships . . . over lunch in the cafeteria, after seminars, and in social events.” Chu further explained that, in a light of the Lab’s history of maintaining a collaborative approach to science, he viewed a “major” part of his job as making the “collaborative environment even better.”
Consistent with the goal of ameliorating the collaborative environment, the 2006 LRDP adopted project objectives and design guidelines based on the fundamental principle of bringing research and academic personnel together at the main hill site. As such, the project calls for the creation of six acres of central commons, including the development of research clusters to enable the Lab to evolve into a more campus-like setting.
Based on these facts, we conclude that substantial evidence supports the EIR’s conclusion that the offsite alternative “would not meet the project objectives to expand functionality of Lab facilities, provide for cross-disciplinary research, or foster collaborative work environments among researchers, since it would result in a division of resources between locations.”
2. Water Quality *
The judgment is reversed and the trial court is instructed to enter, consistent with this opinion, a new and different judgment denying plaintiffs’ petition for writ of mandate. The Regents are entitled to recover their costs on appeal.
Ruvolo, P. J., and Reardon, J., concurred.
On April 7, 2010, and April 8, 2010, the opinion was modified to read as printed above.
Notes
Public Resources Code section 21080.09, subdivision (a)(2) defines a long-range development plan as “a physical development and land use plan to meet the academic and institutional objectives for a particular campus . . . .” Subdivision (b) specifies that “the approval of a long range development plan . . . require[s] the preparation of an environmental impact report.”
The Lab’s existing LRDP and EIR were approved in 1987.
All references to “Guidelines” are to the CEQA Guidelines, which implement the рrovisions of the Act. (Cal. Code Regs., tit. 14, § 15000 et seq.)
The ADP calculation represents “the Lab’s full-time-equivalent employment plus 40 percent of annual guests . . . .”
It does not appear that plaintiffs are suggesting that the “true off-site” alternative would encompass moving the existing facilities and staff to another location. However, to the extent they advocate moving the entire Lab to avoid interference with the project’s objective of creating a cohesive, campus-like setting, such a suggestion presents obvious infeasibility concerns regarding financial and logistical issues.
See footnote, ante, page 818.