by Amanda J. Monchamp, Genna Yarkin : jdsupra – excerpt
- The Court of Appeal of the State of California, Third Appellate District, overturned an Environmental Impact Report (EIR) for an urban, residential infill project, rejecting the threshold of significance the City of Sacramento used to determine that traffic impacts were less than significant at two busy intersections.
- The appellate court held that consistency with an infill-promoting general plan mobility element policy alone does not constitute substantial evidence that there is no significant impact, even where the policy is intended to reduce greenhouse gas emissions by using flexible standards to measure traffic impacts in central city areas.
Good news for people claiming traffic impacts are significant under CEQA. There is also a renewed interest in stadium proximity to airports due to problems with Levis Stadium. Pilots landing in San Jose complain about being blinded by the lights and thrown off course. No accidents so far, but a few near misses.