Lucas v. City of Pomona

The California Court of Appeal affirmed a trial court’s rejection of a California Environmental Quality Act (CEQA) challenge to a City of Pomona ordinance that designated areas where cannabis-related land uses would be permitted. A petitioner whose storefront property was excluded from the locations where commercial cannabis activity would be allowed challenged the City’s action, arguing that the City improperly relied on an exemption from further CEQA review for actions that are consistent with the development density established by existing general plan policies, in this case a General Plan Update for which an environmental impact report (EIR) was finalized in 2014. The City compared the proposed cannabis ordinance’s effects, including greenhouse gas emissions, to those of the General Plan Update and concluded that the cannabis ordinance would not result in new or more severe environmental effects than those identified in the 2014 EIR. The Court of Appeal noted that cannabis-related development would be subject to development standards set forth in the existing zoning district and the General Plan Update and, like other uses that could be developed, would result in greenhouse gas emissions and energy demand, particularly from indoor cultivation. The court found that substantial evidence supported the City’s finding that the ordinance would not result in significant impact on greenhouse gas emissions (or other environmental impacts) beyond that identified in the 2014 EIR.