Heron Bay Homeowners Association v. City of San Leandro

Halus owned land in a San Leandro industrial zone, where it designed and manufactured wind turbines. It proposed to install a 100-foot-tall wind turbine to generate energy and conduct research and development; it sought a variance from zoning restrictions on height. San Leandro conducted an analysis under the California Environmental Quality Act (Pub. Resources Code 21000) (CEQA). The turbine would have been within the San Francisco Bay Estuary, a major refuge for many species, including threatened or endangered species, and 500 feet from a residential development. The city proposed a mitigated negative declaration (MND) allowing the project to go forward with mitigation measures. In response to comments and objections, San Leandro released a revised MND adding mitigation or monitoring recommended by the Department of Fish and Game, without requiring an Environmental Impact Report (EIR). HOA filed suit. The court held that San Leandro failed to comply with CEQA. San Leandro set aside its approval. The project did not proceed. The court granted HOA attorneys’ fees, Code of Civil Procedure 1021.5. The court of appeal affirmed, finding that the action resulted in the enforcement of an important right affecting the public interest, a significant benefit was conferred on the general public or a large class of persons, and the necessity and financial burden of private enforcement made the award appropriate. View "Heron Bay Homeowners Association v. City of San Leandro" on Justia Law