Hilltop Group, Inc. v. County of San Diego

The California Court of Appeal found that the County of San Diego should have limited its California Environmental Quality Act (CEQA) review of a construction, demolition, and inert debris recycling facility proposed for a site designated for industrial use in the County’s 2011 General Plan Update (GPU). The court concluded that the proposed facility qualified for a CEQA exemption for projects that are consistent with a GPU and do not impose significant and peculiar environmental impacts not already contemplated by the environmental impact report (EIR) prepared for the GPU. The court did not find substantial evidence to support the County’s finding that the project would result in peculiar impacts in the areas of aesthetics, noise, traffic, greenhouse gas emissions, and air quality. Regarding greenhouse gas emissions, the appellate court further found that substantial evidence did not support the County’s determination that previously adopted uniform policies and procedures would not adequately mitigate the proposed project’s impacts. The Court of Appeal directed the trial court to direct the County to set aside its decision requiring preparation of an EIR.