Description: Challenge to environmental review for residential infill development in City of Sacramento.
East Sacramento Partnership for a Livable City v. City of Sacramento
Filing Date Type File Action Taken Summary 12/27/2018 Opinion Download Appellate court affirmed order discharging a writ of mandate. The California Court of Appeal upheld the revised environmental impact report (EIR) prepared for a 328-unit infill residential development in the City of Sacramento. The appellate court had previously found that the original EIR did not support its finding that there would not be significant traffic impacts. After the City revised the EIR, the appellate court found that the City had corrected its error by explaining why a "higher" level of service (LOS) in the core area should not be considered a significant traffic impact and by supporting the explanation with substantial evidence, including by explaining that vehicle delays were preferable to roadway expansion. The EIR said roadway expansion would increase vehicle miles traveled (VMT), while a "flexible LOS policy" would result in better air quality and reduced greenhouse gas emissions. The court noted that the City had cite legislation aimed at reducing greenhouse gas emissions and promoting infill development in support of this analysis. The appellate court rejected the plaintiff's contention that the revised EIR should have quantified alleged reductions in VMT and greenhouse gas emissions in the project area.