Muzzy Ranch Co. v. Solano County Airport Land Use Commission

Good Law
2007 Cal. LEXIS 6508·41 Cal. 4th 372·60 Cal. Rptr. 3d 247·160 P.3d 116·37 Envtl. L. Rep. (Envtl. Law Inst.) 20150
Supreme Court of CaliforniaJune 21, 2007No. S131484California5,309 words

Opinion

Lead Opinion

Werdegar, J.

*378 Opinion

In this case, we consider whether an airport land use commission conducted sufficient environmental review pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) when it adopted a land use compatibility plan that embraces existing restrictions on residential housing development for a large area near an Air Force base. We conclude the commission’s adoption of the plan fell within an exemption from CEQA for projects that have no potential to cause a significant effect on the environment. (See Guidelines for Implementation of Cal. Environmental Quality Act, Cal. Code Regs., tit. 14, § 15061, subd. (b)(3).) Accordingly, we reverse the judgment of the Court of Appeal, which remanded for further proceedings.

BACKGROUND

Solano County Airport Land Use Commission (Commission) was established, pursuant to the State Aeronautics Act (Pub. Util. Code, § 21001 et seq.), for the purposes of ensuring the orderly expansion of airports and promulgating appropriate land use measures in Solano County (id., § 21670, subd. (a)(2)).

The Commission first adopted a land use plan for the Travis Air Force Base area in 1990, amending it in 1994. In…

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