San Franciscans for Livable Neighborhoods v. City and County of San Francisco

After a challenge to its 2004 general plan, San Francisco, acting under court order, prepared an environmental impact report (EIR) pursuant to the California Environmental Quality Act (Pub. Resources Code 21000) and approved revisions of the housing element of its general plan. The 2009 Housing Element examined the type, amount, and affordability of new construction needed, as determined by the Association of Bay Area Governments, which determined that San Francisco’s fair share of the regional housing for January 2007 through June 2014 would be 31,190 units, or about 4,160 units per year. The stated goal was to “alleviate a tight housing market.” In certifying the EIR, the planning department notified the public that the 2009 Housing Element, by encouraging housing near transit lines, will have a single, significant, unavoidable environmental impact on transit that cannot be mitigated to a level of insignificance. Opponents filed a petition for writ of mandate challenging the adequacy of EIR. The trial court denied relief. The court of appeal affirmed. The EIR addresses mitigation measures proposed by the opponents. The Housing Element EIR adequately analyzed the impacts on water, traffic, land use, and visual resources by using the future conditions projected by ABAG, rather than analyzing the existing conditions. View "San Franciscans for Livable Neighborhoods v. City and County of San Francisco" on Justia Law