The Court of Appeal upheld the City’s determination that compensatory mitigation for the loss of a historic building in the form of funding of other historic preservation was not feasible because there were no other buildings in the downtown areas with the same architectural style, period of significance, and purpose. Preservation Action Council of San
Mitigation
CEQA and EIR Adequacy: The Latest Words on Public Services Impacts and Adaptive Mitigation Programs
By Stephen Kostka on
Posted in CEQA, Exactions and Assessments
Two important, recurring CEQA questions are answered by a recent court of appeal decision in a case involving the EIR for a California State University campus master plan: whether CEQA requires funding of mitigation for a project’s effects on public services; and whether an adaptive mitigation program for traffic and parking impacts improperly defers decisions…
State University’s Duty to Mitigate Transportation Impacts to be Considered by Supreme Court
By Stephen Kostka on
Posted in CEQA
In City of San Diego v Board of Trustees of the California State University, the court of appeal overturned the EIR for the San Diego State University campus expansion plan, ruling that it did not adequately address transportation impacts and mitigation measures for those impacts. In a decision issued on December 13, the court…