Kaufman & Broad-South Bay, Inc. v. Morgan Hill Unified School Dist.

Kaufman & Broad-South Bay, Inc. v. Morgan Hill Unified School Dist.

Opinion

 [*466]  [**793]   This case arises out of a school district's attempt to create a Mello- Roos district to finance anticipated future needs due to population growth within its boundaries. Formation of the Mello-Roos district was successfully challenged by a developer on California Environmental Quality Act (CEQA) grounds. The primary issue on appeal is whether the formation of a community facilities district is a "project" within the meaning [***2]  of CEQA.

 [*467]  BACKGROUND

The California Environmental Quality Act 

The Legislature enacted CEQA in an effort to interpose some mandatory level of institutional concern for the environment into the public agency decisionmaking process. (CEQA; Pub. Resources Code, § 21000 et seq. ³ ) Essentially, ] CEQA requires government agencies to prepare an environmental impact report (EIR) for any project they carry out or approve which may have a significant effect on the environment. (§ 21151.) "The purpose of an [EIR] is to provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment; to list ways in which the significant effects of such a project might be minimized; and to indicate alternatives to such a project." (§ 21061.)

 CA(1)(1) "The act provides a three-tiered structure to guide agencies: If a proposed project falls within a category exempt [***3]  from the requirements of CEQA by administrative regulation, or if it is certain that the project will not have a significant effect upon the environment, no further agency evaluation is required. [Citations.] If there is a possibility that the project may have a significant environmental effect, the agency must conduct an initial threshold study. [Citation.] If the initial study reveals that the project will not have such  [**794]  effect, the lead agency may complete a negative declaration briefly describing the reasons supporting this determination.  [Citations, fn. omitted.] However, if the project may have a significant effect on the environment, an EIR must be prepared. [Citations.]" (Friends of "B" Street v. City of Hayward (1980) 106 Cal.App.3d 988, 999-1000 [165 Cal.Rptr. 514].)

The Mello-Roos Community Facilities Act of 1982 

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