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Laurel Heights Improvement Assn. v. Regents of University of California

Laurel Heights Improvement Assn. v. Regents of University of California

Supreme Court of California

December 1, 1988

No. S001922

Opinion

 [*387]  [**279]   In this action, we determine the sufficiency of an environmental impact report (EIR) on the proposed relocation within the City of San Francisco of biomedical research facilities of the School of Pharmacy at the University of California, San Francisco (UCSF).

A neighborhood association challenges the EIR on three primary grounds: (1) that it does not discuss anticipated future activities at the new location and the effects of those activities; (2) that it does not adequately  [**280]  discuss feasible alternatives to the project; and (3) that there is no substantial evidence the project's adverse environmental effects will be mitigated. These challenges are based on the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.). 1

 [*388]  We find the  [***5] EIR was inadequate because: (1) it fails to discuss the anticipated future uses of the new facility and the environmental effects of those uses, and (2) the discussion of alternatives is inadequate under CEQA. We find, however, there is substantial evidence the environmental effects identified in the present EIR will be sufficiently mitigated. We also find the Court of Appeal properly determined the neighborhood association is entitled to an award of its attorneys fees under Code of Civil Procedure section 1021.5.

Because the EIR is invalid in part, a new EIR must be prepared, submitted for public review and comment, and certified in accord with CEQA procedures. We decline, however, to order UCSF's present activities at the new location stayed pending certification of a new EIR.

Facts

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47 Cal. 3d 376 *; 764 P.2d 278 **; 1988 Cal. LEXIS 261 ***; 253 Cal. Rptr. 426; 19 ELR 20427

LAUREL HEIGHTS IMPROVEMENT ASSOCIATION OF SAN FRANCISCO, INC., Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Defendant and Respondent

Subsequent History:  [***1]  Appellant's petition for rehearing was denied January 26, 1989, and the opinion was modified to read as printed above.

Prior History: Superior Court of the City and County of San Francisco, No. 862850, Lucy Kelly McCabe, Judge.

CORE TERMS

Heights, mitigation, environmental, effects, environmental effect, emissions, campus, mitigation measures, site, studies, trial court, regulation, Italics, final eir, laboratory, air, draft eir, radioactive, chemicals, approve, scientific, measures, traffic, fume, anticipated, space, project alternative, noise, proposed project, monitoring

Environmental Law, Natural Resources & Public Lands, National Environmental Policy Act, General Overview, Administrative Law, Judicial Review, Standards of Review, Substantial Evidence, Administrative Proceedings & Litigation, Judicial Review, Reviewability, Factual Determinations, Business & Corporate Compliance, Real Property Law, Zoning, Growth Control, Civil Procedure, Parties, Real Party in Interest, Jurisdiction, Remedies, Costs & Attorney Fees, Appeals