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Federation of Hillside & Canyon Ass'ns v. Los Angeles, City of

Citation: 35 ELR 20041
No. No. B166819, (Cal. App. 2d Dist., 02/16/2005)

A California appellate court upheld a city's approval of a general plan framework that includes proposed operational and physical improvements to traffic systems and infrastructure, policies to encourage the use of public transit and reduce vehicle trips, and other measures to reduce traffic congestion and improve accessibility in the Los Angeles, California, area. The general plan is not internally inconsistent or noncorrelative, and the city was not required to prepare a subsequent environmental impact report or a supplement. In addition, the city's adoption of a statement of overriding considerations, which found that the unavoidable significant environmental impacts, any potentially significant impacts due to the infeasibility of transportation mitigation measures, and the cumulative adverse impacts are acceptable in light of particular project benefits, was proper. The statement supplements the city's findings under the California Environmental Quality Act and supports its determination to proceed with the plan despite adverse environmental effects. Further, res judicata barred the petitioners' challenges to the city's findings concerning impacts on water resources, wastewater, solid waste, open space, and utilities, and the evidence supports the city's findings on air quality impacts. Last, the petitioners failed to show error with respect to projections based on census data.