A court of appeal in California ruled that a decades-old plan to realign a road and a two-year-old plan to build a big box improvement store nearby only need to undergo one environmental impact analysis under the state's Environmental Quality Act.
"Development of a home improvement store and realignment of an adjacent road in Sonora constituted one project, and the combined activities should have been subject to a single environmental analysis, the Fifth District Court of Appeal has ruled."
"The fact that the road realignment appeared in the Sonora general plan 20 years before the Lowe's Home Improvement Warehouse was proposed and had been included in a local traffic impact fee program did not matter, the court determined. Instead, the court cited the close relationship between the proposed Lowe's and the road project, which was a condition of approval for Lowe's."
"In June 2005, the Sonora Planning Commission approved an 111,000-square-foot Lowe's building and 28,000-square-foot garden center, as well as a mitigated negative declaration for the development. One of the mitigation measures called for realignment and signalization of the intersection of Old Wards Ferry, Sanguinetti and Greenley roads, and relocation of the Sierra Railroad crossing of Old Wards Ferry. A group called Tuolumne Citizens for Responsible Development appealed to the City Council, which denied the appeal the following month."
"The citizens group then sued, alleging the city violated the California Environmental Quality Act (CEQA) in numerous ways. Tuolumne County Superior Court Judge James Boscoe ruled for the city and Lowe's. On appeal, the Fifth District overturned the lower court."
Note: California Planning and Development Report has made the source article accessible for free through Wednesday, December 5.
FULL STORY: Big-Box Store, Road Realignment Constitute 1 Project, Court Rules
Depopulation Patterns Get Weird
A recent ranking of “declining” cities heavily features some of the most expensive cities in the country — including New York City and a half-dozen in the San Francisco Bay Area.
California Exodus: Population Drops Below 39 Million
Never mind the 40 million that demographers predicted the Golden State would reach by 2018. The state's population dipped below 39 million to 38.965 million last July, according to Census data released in March, the lowest since 2015.
Chicago to Turn High-Rise Offices into Housing
Four commercial buildings in the Chicago Loop have been approved for redevelopment into housing in a bid to revitalize the city’s downtown post-pandemic.
New Park Opens in the Santa Clarita Valley
The City of Santa Clarita just celebrated the grand opening of its 38th park, the 10.5-acre Skyline Ranch Park.
U.S. Supreme Court: California's Impact Fees May Violate Takings Clause
A California property owner took El Dorado County to state court after paying a traffic impact fee he felt was exorbitant. He lost in trial court, appellate court, and the California Supreme Court denied review. Then the U.S. Supreme Court acted.
How Urban Form Impacts Housing Affordability
The way we design cities affects housing costs differently than you might think.
City of Costa Mesa
Licking County
Barrett Planning Group LLC
HUD's Office of Policy Development and Research
Mpact Transit + Community
HUD's Office of Policy Development and Research
City of Universal City TX
ULI Northwest Arkansas
Town of Zionsville
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.