CREED-21 v. City of San Diego

The California Court of Appeal affirmed the denial of a challenge to the City of San Diego’s determination that an ordinance and related resolutions that reduced parking requirements for multifamily residential developments in transit priority areas were exempt from review under the California Environmental Quality Act (CEQA). The City concluded that the ordinance qualified for the “commonsense” exemption, which applies to projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The City concluded that the reduced parking requirements would not cause a significant effect on the environment because the requirements were directed at development in transit priority areas that met the requirements of Senate Bill No. 743 (a 2013 state law intended to encourage planning decisions to reduce vehicle miles traveled and greenhouse gas emissions). The appellate court found that substantial evidence supported the presumptions that the ordinance would have a less than significant transportation impact.