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ON REMAND, FIRST DISTRICT MODIFIES CITY OF HAYWARD OPINION TO REQUIRE FURTHER CONSIDERATION OF THE FEASIBILITY OF OFF-SITE MITIGATION

Tuesday, December 1st, 2015

In its 2012 opinion, City of Hayward v. Board of Trustees of the California State University, 204 Cal.App.4th 446, the First District concluded that the EIR for an expansion of the California State University East Bay campus was adequate in all respects except for its analysis of parkland impacts.  While the opinion also discussed the Trustee’s claim that it was infeasible to provide mitigation payments for off-site traffic impacts without approval from the Legislature, the Court of Appeal concluded that the issue had been waived on appeal because it was not raised in the administrative proceedings or in the trial court. See previous blog post at:  http://www.thomaslaw.com/blog/newly-published-appellate-decision-holds-analysis-of-parkland-impacts-for-campus-master-plan-fails-to-comply-with-ceqa/

The California Supreme Court then granted review and held City of Hayward while it decided City of San Diego v. Board of Trustees of California State University (2015) 61 Cal.4th 945, a case which focused exclusively on whether the feasibility of off-site impact mitigation payments depended on legislative approval. After the City of San Diego opinion was issued holding that state agencies may not avoid their duty to mitigate the environmental effects of their projects because the Legislature has not earmarked funds specifically for “mitigation,” the Supreme Court remanded City of Hayward to the First District for reconsideration.

On remand, the appellate court’s analysis remains unchanged with the exception of section 3(c), which discusses the feasibility of mitigating the off-site traffic impacts. Despite repeating its earlier holding that the issue had been waived on appeal, the court directs the Trustees to consider the feasibility of funding the University’s fair-share contribution due to the “clarification provided by City of San Diego” and the “public importance of the question.”

Newly Published Appellate Decision Holds Analysis of Parkland Impacts for Campus Master Plan Fails to Comply with CEQA

Thursday, July 5th, 2012

The City of Hayward v. Board of Trustees of the California State University, 2012 Cal. App. LEXIS 761, publication status was recently changed from unpublished to published on June 28, 2012. The Board of Trustees of the California State University (Trustees) approved a master plan to guide the expansion of the Hayward campus. The City of Hayward (City) sued claiming the Trustees’ environmental impact report (EIR) violated the California Environmental Quality Act (CEQA) by failing to analyze the impacts of the master plan on fire protection and public safety, traffic and parking, air quality, and parklands. The California First Appellate District Court found that Trustees’ EIR was adequate under CEQA in all respects except with regard to the analysis of impacts on surrounding parklands.

Trustees’ master plan requires an increase of fire services, either with the expansion or construction of a firehouse. The court held that the EIR adequately analyzed the impacts of the construction. Due to the small area required for a new firehouse along with its urban location, the court also held that the EIR appropriately concluded that the environmental impacts of expanded fire services would be less than significant. Therefore, the court explained, no mitigation measures were required. The court further concluded that it found no deficiency in the EIR’s analysis of cumulative impacts on public services.

The court next addressed the issues of traffic and parking. With the expansion of the college campus comes the need for more faculty. The Trustees’ master plan acknowledged the high cost of housing in California, and therefore explored potential locations to build affordable faculty housing. The EIR conducted an analysis and concluded that construction of faculty housing will not have a significant environmental impact as a result of increased traffic or parking. The court held this conclusion and analysis as sufficient under CEQA, explaining that since the Trustees prepared a program EIR as opposed to a project EIR, they properly evaluated cumulative impacts but deferred site-specific analysis of possible impacts on traffic until a later time. The court next examined the Trustees’ mitigation measures. With the main goal of shifting commuters out of single-occupant cars and into cleaner modes of transportation, the court found “no deficiency” in the way the EIR considered impacts of the master plan on parking and traffic, incorporated mitigation measures, and reached the conclusion that some environmental impacts are unavoidable. Lastly, the City claimed that the Trustees’ EIR failed to include a “mitigation measure … providing for the University to pay its fair share of traffic improvements.” City of Hayward, 2012 Cal. App. LEXIS 761 at 61. Since the City did not raise this issue in its opening brief, the court declined to address it because the argument had been waived.

Pertaining to impacts on air quality, the court supported the Trustees’ EIR. While the EIR concluded that the master plan would produce long-term emissions of pollutants, it presented transportation mitigation measures that would reduce some, though not all, emissions to a less than significant level. Since neither the trial court nor the City suggested other mitigation measures, the court held this portion of the Trustees’ EIR to be sufficient.

Analysis of the impacts on parklands was the one area the court found the EIR to be inadequate. Due to the proximity of two parks to the campus, the court explained that the EIR must do more than simply reference insignificant impacts on the East Bay Regional Park System. The Trustees’ EIR should rather analyze impacts on the two parks specifically. The court also held that the Trustees’ reliance on “long-standing use patterns” was done in error. Since the EIR made no attempt to determine the extent to which the current student body uses the parks or to extrapolate from that data as to what park usage might be in the future, there was no evidence to support Trustees’ assumption that the student use of the parks would remain nominal even after campus expansion.

Key Point:

The court found that the Trustees’ EIR inadequately analyzed the master plan’s impacts on parklands because, due to the proximity of the two parks, an analysis of impacts on the regional park system in general was too broad. The court also made clear that to support findings and analyses in an EIR, there needs to be concrete evidence; the Trustees should have attempted to ascertain the overall usage and capacity of the two nearby parks.

Written By: Tina Thomas, Chris Butcher and Holly McMannes (law clerk)
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For questions relating to this blog post or any other California land use, environmental and/or planning issues contact Thomas Law Group at (916) 287-9292.

The information presented in this article should not be construed to be formal legal advice by Thomas Law Group, nor the formation of a lawyer/client relationship. Readers are encouraged to seek independent counsel for advice regarding their individual legal issues.

CSU Board of Trustees’ EIR for Campus Expansion was Held as Sufficient, with the Exception of its Analysis on Impacts to Surrounding Parklands

Tuesday, June 12th, 2012

In an unpublished decision, City of Hayward v. Board of Trustees of the California State University, 2012 Cal. App. Unpub. LEXIS 4097, the Board of Trustees of the California State University (Trustees) wished to expand its Hayward campus in order to meet its assigned enrollment ceiling.  In 2009, the Trustees approved a master plan to guide campus development for the next 20-30 years.  The City of Hayward (City) sued claiming the Trustees’ environmental impact report (EIR) failed to adequately analyze impacts on fire protection and public safety, traffic and parking, air quality, and parklands.  The California First Appellate District reversed the trial court’s holding and found that the Trustees’ EIR was adequate, with the exception of parklands.  The court therefore modified the writ of mandate ordering the Trustees to revise the analysis of potential environmental impacts to surrounding parklands.

Based on the Trustees’ analysis on fire protection and public services, the court came to four conclusions.  First, the court found substantial evidence to support the Trustees’ conclusion that additional and expanded fire facilities will not have a significant environmental impact.  Second, the court held that the Trustees did not have to provide mitigation measures for the new fire facilities since they concluded that more fire protection services would not result in significant environmental impacts.  Third, the court stated that the Trustees do not need to fund the expansion of the fire department services but rather the city has a constitutional duty to provide such services.  Lastly, the court found that the EIR sufficiently analyzed the impact of the campus expansion on the city’s public services and properly came to the conclusion that the “cumulative effect would be less than significant.”

The court next addressed the issue of traffic and parking.  The court first held that the Trustees’ analysis of potential sites for faculty housing was sufficient.  Since the Trustees prepared a program EIR as opposed to a project EIR, they properly deferred site-specific analysis of possible environmental effects of building faculty housing until a later time.  The court next examined the Trustees’ mitigation measures.  With the main goal of shifting commuters out of single-occupant cars and into carpools, transit, biking, and walking, the court found “no deficiency” in the way the EIR considered impacts of the master plan on parking and traffic, incorporated mitigation measures, and reached the conclusion that some environmental impacts are unavoidable.  Lastly, the City claimed that the Trustees’ EIR failed to include a “mitigation measure … providing for the University to pay its fair share of traffic improvements.”  (City of Hayward, 2012 Cal. App. Unpub. LEXIS 4097 at 60.)  Since the City did not raise this issue in its opening brief, the court declined to address it and held it as waived.

Pertaining to impacts on air quality, the court supported the Trustees’ EIR.  While the EIR concluded that the master plan would produce long-term emissions of pollutants, it presented transportation mitigation measures that would reduce some, though not all, emissions to a less than significant level.  The court also explained that since neither the trial court nor the City suggested further mitigation measures the Trustees should consider, then that portion of the Trustees’ EIR was sufficient and did not need to be reexamined.

Impacts on parklands was the one area with which the court agreed with the City and the lower court.  The court explained that the Trustees’ reliance on “long-standing use patterns” of the students as opposed to factual evidence was “nominal” and did not prove a meaningful enough  analysis to inform or analyze the extent of the impact the master plan was likely to have on surrounding parks.  Therefore, the court ordered the Trustees to reanalyze those impacts prior to certifying a revised EIR.

Written By: Tina Thomas, Ashle Crocker and Holly McMannes (law clerk)
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For questions relating to this blog post or any other California land use, environmental and/or planning issues contact Thomas Law Group at (916) 287-9292.

The information presented in this article should not be construed to be formal legal advice by Thomas Law Group, nor the formation of a lawyer/client relationship. Readers are encouraged to seek independent counsel for advice regarding their individual legal issues.