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Second District Court of Appeal Upholds EIR for Development Along Santa Clara River


In an unpublished opinion in Santa Clarita Organization for Planning and the Environment v. City of Santa Clarita, 2014 Cal. App. Unpub. LEXIS 8998, the California Second District Court of Appeal reversed the trial court and denied a petition for a writ of mandate challenging a 185-acre development (the Project) along the Santa Clara River near the City of Santa Clarita (the City). The court also rejected SCOPE’s cross appeals, allowing the mixed use development project to move forward.

The City owns a portion of the dry Santa Clara River corridor running through the Project site and the Project provides that the City will sell four of the acres to the developer for installation of buried bank stabilization. The Project also preserves a corridor of the dry riverbed, and results in dedication of all developer-owned river corridor property to the City.

The court reversed the trial court in two respects. First, the court held the City did not improperly incorporate by reference other documents into the environmental impact report (EIR). The court rejected SCOPE’s argument that the description or summary of the incorporated document must appear at the precise point in the EIR where the document was incorporated, and rejected all of SCOPE’s examples of alleged inadequate discussion of the documents incorporated by reference. Additionally, while the EIR may not have included an adequate description or summary for a few documents incorporated by reference, the court held SCOPE failed to show any prejudicial error.

Second, the court held the EIR adequately analyzed the cumulative biological effects of the Project. SCOPE contended the analysis was too broad because the EIR relied upon an analysis of the entire 1,036,571-acre Santa Clara River Watershed, while the Project was only 185 acres. However, the court noted a preference by the EPA for watershed-wide analyses and held the City did not abuse its discretion in considering the watershed-wide analysis of the Project’s cumulative impacts.

As to the cross appeals, the court held the Project was consistent with the City’s general plan. The court found the general plan amendment’s description of the preserved river corridor was not vague and the City did not abuse its discretion in finding the Project was consistent with the General Plan’s goal of promoting preservation of the river as open space.

The court also declined to question the correctness of the EIR’s environmental conclusions and found substantial evidence supported the City’s finding that the Project would not have a significant water quality impact related to chloride in the river.

Finally, the court held the trial court properly sustained the City’s demurrer to SCOPE’s claims regarding the Santa Monica Mountains Conservancy Act (the Act), focusing primarily on the lack of a private right of enforcement of the Act..



dateJanuary 26th, 2015byby


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