Oakland Heritage Alliance v. City of Oakland

Good Law
124 Cal. Rptr. 3d 755·195 Cal. App. 4th 884·2011 Cal. App. LEXIS 609·41 Envtl. L. Rep. (Envtl. Law Inst.) 20189
Court of Appeal of CaliforniaMay 19, 2011No. A126558California11,447 words

Opinion

Lead Opinion

Rivera, J.

Oakland Harbor Partners, LLC, Signature Properties, Inc., and Reynolds & Brown (collectively Real Parties) are the proponents of a project proposed to be built along Oakland’s estuary. The City of Oakland (the City) certified an environmental impact report (EIR) for the project. Oakland Heritage Alliance (the Alliance) challenged this action, and the trial court granted its petition for writ of mandate, finding, among other things, that the EIR’s discussion of the project’s seismic risks was inadequate. The City revised the EIR and certified it as revised. The trial court then discharged the writ.

The Alliance challenges this action on appeal, contending the City’s treatment of seismic impacts did not meet the requirements of the California Environmental Quality Act (CEQA) (Pub. Resources Code, 1 § 21000 et seq.). We shall affirm the order discharging the writ.

I. BACKGROUND

Real Parties proposed a project to develop approximately 64 acres along the Oakland Estuary and the Embarcadero, converting a maritime and *888 industrial area into residential, retail/commercial, open space, and marina uses (the project or the Oak to Ninth Project). Building heights would range…

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