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Oakland Heritage v. City of Oakland

ELR Citation: 41 ELR 20189
Nos. No. A126558, (Cal. App. 4th Dist., 05/19/2011)

A California appellate court held that a city's revised environmental impact report (EIR) for a proposed development project along an estuary complies with the California Environmental Quality Act. The project would develop approximately 64 acres, converting a maritime and industrial area into residential, retail/commercial, open space, and marina uses. A citizens group argued that the city's treatment of seismic impacts was inadequate. But substantial evidence supports the city's finding that seismic impacts have been mitigated to a less than significant level. In addition, the revised EIR does not ignore impacts to structures. Nor did the city improperly defer mitigation of the seismic effects of the project. Although final design of the structures, including seismic safety design, is deferred until a later date, the revised EIR gives adequate assurance that seismic impacts will be mitigated through engineering methods known to be feasible and effective.