On February 15, 2017, the California Supreme Court denied numerous requests for depublication and declined to review on its own motion the decision in East Sacramento Partnership for a Livable City v. City of Sacramento (3d Dist. 2016) 5 Cal.App. 5th 581. In relevant (and controversial) part, that decision held that the EIR for a large residential infill project violated CEQA by basing its less-than-significant traffic impact finding on the project’s compliance with an applicable traffic level of service (LOS) standard in the City’s general plan; my blog post analyzing the Court of Appeal’s published opinion in detail can be found here.
Obviously concerned about the lack of deference afforded to the City’s choice of threshold of significance and, perhaps, with the Court’s potentially confusing published CEQA analysis of a LOS traffic impact threshold of significance that will very soon go the way of the dinosaurs (after OPR officially adopts its new CEQA Guidelines later this year declaring that LOS degradation is not a significant transportation impact under CEQA and...
