Lawyer Commentary LexBlog United States Court of Appeal Clarifies CEQA’s In-fill Exemption Requirements

Court of Appeal Clarifies CEQA’s In-fill Exemption Requirements

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In United Neighborhoods for Los Angeles v. City of Los Angeles, et al. (2023) 93 Cal.App.5th 1074, the Second District Court of Appeal affirmed a trial court’s grant of a writ of mandate halting a project in Hollywood that would replace 40 rent-stabilized apartments with a hotel. The City of Los Angeles determined that the hotel project was exempt from CEQA under the “in-fill” or “Class 32” exemption. The Court invalidated this exemption determination because that the City did not consider the Project’s consistency with all applicable general plan policies, as the in-fill exemption requires. (See CEQA Guidelines, § 15332(a).)

Real party in interest and property owner Whitley Apartments proposed to demolish an apartment complex with 40 rent-stabilized units and construct a 156-room hotel in its place. The Los Angeles Department of City Planning reviewed the project, approved the site plan review, and determined that the in-fill exemption applied. The Department did...

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