Description: Challenge to the City of Lynwood’s approval of a high-density, mixed use project on a vacant 3.6-acre lot, including for failure to adequately consider the project's impacts on greenhouse gas emissions.
Johnson v. City of Lynwood
Filing Date Type File Action Taken Summary 02/22/2023 Opinion Download Judgment denying petition and declaratory relief affirmed. California Appellate Court Rejected Claims About Consideration of Mixed-Use Project’s Greenhouse Gas Emissions. The California Court of Appeal affirmed the rejection of claims challenging the City of Lynwood’s approval of a high-density, mixed use project on a vacant 3.6-acre lot. The project involved amendments to the Lynwood Transit Area Specific Plan (LTASP). The purpose of the LTASP is to “encourage revitalization of the existing uses in the planning area and to establish a land use framework that emphasizes a compact, urban form that relies less heavily on the private automobile.” The appellate court found that a supplemental environmental impact report (SEIR) contained sufficient detail about the LTASP amendments’ and project’s impacts on greenhouse gas emissions. In addition, the court rejected a condition that the SEIR failed to properly consider CEQA guidelines’ thresholds of significance for greenhouse gas emissions. The court also declined to address the appellant’s arguments that the City did not do anything to reduce greenhouse gas emissions caused by transportation and that the project therefore was inconsistent with the LTASP. The court said the appellant failed to present arguments on this point in its briefs and instead impermissibly incorporated by reference arguments made in letters.