14 Story Residential Building Qualifies For CEQA Exemption for Urban In-fill Projects
In Banker's Hill, Hillcrest, Park West Community Preservation Group v. City of San Diego (May 8, 2006), the Fourth District Court of Appeal found that the trial court was correct in finding that a 14-story residential building in San Diego qualified for an urban in-fill exemption under the California Environmental Quality Act (CEQA).
The project is located across the street from Balboa Park and near the historic Marston House. A local community preservation group argued that the project would have significant impacts on traffic, parking and that there were "special circumstances" that gave rise to significant environmental impacts. The Court of Appeal essentially found that the City was correct to conclude that adding 14 residential units to the already congested area did not result in a significant impact on the environment. I posted this decision in part because it does a good job summarizing the basic statutory framework of CEQA. I also like any case in which a group of Nosey Neds are told they can't prevent their neighbors from developing their property.