Bright Lights Not a Significant Impact; Lack of Parking May Be

Article By Claudia Gutierrez : natlawreview.com – excerpt

In Taxpayers for Accountable School Bond Spending v. San Diego Unified School District (2013) __ Cal.App.4th __ (Case No. D060999) the Court of Appeal for the 4th District held that the San Diego Unified School District (the “District”) must prepare an environmental impact report (“EIR”) on installation of new stadium field lighting and other improvements at Hoover High School to permit nighttime events because there was a fair argument that impacts on neighborhood parking could be significant. The court specifically declined to follow earlier case law to the contrary. The court also held that the District was prohibited from using proceeds of a school bond other than for the purposes specifically listed…
The court found that the District’s traffic and parking analysis on which the Mitigated Negative Declaration was based was flawed… Because the District failed to provide a reasonable estimate of expected attendance at future events, the parking and traffic analysis was speculative…
The court reasoned that the same principles that govern the construction of a statute applies when interpreting a voter initiative… (more)

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s