Ukiah Citizens for Safety First v. City of Ukiah

justia – excerpt

Justia Opinion Summary

In 2011, Costco sought a use permit and rezoning for 15.33 acres in southeast Ukiah. In 2013, the city released an environmental impact report (EIR), pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, 21050), describing the project as a 148,000-square-foot retail facility with a bakery, pharmacy, optical center, hearing aid center, food court, photo center, tire center, 16-pump gas station, and 608 customer parking spots. The EIR included mitigation measures to reduce the impact, including modifications to impacted intersections, but due to uncertainty of timing and funding of those measures, concluded that the traffic impacts cannot be mitigated to a level that is less than significant. The EIR also concluded that the increase in traffic volumes would result in higher noise levels along local roadways but that traffic noise associated with the project would be less than significant. The city certified the EIR, adopted a statement of overriding considerations, and adopted the rezoning legislation. Opponents unsuccessfully challenged the rezoning and the sufficiency of the EIR. The court of appeal reversed, agreeing that the EIR failed to sufficiently analyze potential energy impacts and that the adoption of an EIR addendum after approval of the EIR and of the project violated CEQA… (more)

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