RECENT CALIFORNIA DECISIONS

November 2004

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First District Court Clarifies When Statements of Technical Issues Constitute Substantial Evidence and When Aesthetic Impacts Will Be Considered Significant under CEQA
Bowman v. Berkeley

On September 20, 2004, the First District Court of Appeal, in a decision certified for partial publication, found that a City of Berkeley neighborhood group did not raise a fair argument that construction of a housing complex would have a significant effect on the environment due to the presence of hazardous materials, and that the proposed height of the building did not constitute a significant environmental impact that required preparation of an environmental impact report (EIR). The neighborhood group’s claims that the city had violated its own Municipal Code in approving the project were also denied; however, those claims were the subject of the unpublished portion of the decision.