San Franciscans for Livable Neighborhoods v. City of S.F.

• Decision Date: 22 August 2018
• Docket Number: A141138
• Citation: 236 Cal.Rptr.3d 893,26 Cal.App.5th 596
• Court: California Court of Appeals Court of Appeals
• Parties: SAN FRANCISCANS FOR LIVABLE NEIGHBORHOODS, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent.

26 Cal.App.5th 596

236 Cal.Rptr.3d 893

SAN FRANCISCANS FOR LIVABLE NEIGHBORHOODS, Plaintiff and Appellant,

v.CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent.

A141138

Court of Appeal, First District, Division 4, California.

Filed August 22, 2018

Counsel for Plaintiff and Appellant: Kathryn R. Devincenzi, San Francisco, Amy Minteer, Esq., Chaten-Brown & Carstens, LLP

Counsel for Defendant and Respondent: Dennis J. Herrera, City Attorney, Audrey Williams Pearson, Deputy City Attorney

REARDON, J.

After preparing an environmental impact report (EIR) defendant City and County of San Francisco (City) approved revisions of the housing element of its general plan. San Franciscans for Livable Neighborhoods (SFLN) filed a petition for writ of mandate challenging the adequacy of the City's EIR. The trial court denied relief and we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. The Parties

SFLN is an unincorporated association that includes several neighborhood organizations: the Cow Hollow Association, the Francisco Heights Civic Association, the Greater West Portal Neighborhood Association, the Jordan Park Improvement Association, the Lakeshore Acres Improvement Club, the Laurel Heights Improvement Association of San Francisco, Inc., the Marina-Cow Hollow Neighbors & Merchants, the Miraloma Park Improvement Club, the Pacific Heights Residents Association, the Presidio Heights Association of Neighbors, the Russian Hill Neighbors, the St. Francis Homes Association, the Sunset-Parkside Education and Action Committee, Inc., and the Westwood Highlands Association. The City is the "lead agency" for the subject approvals for purposes of the California Environmental Quality Act (CEQA) ( Pub. Resources Code, § 21000 et seq. )¹ and is charged with duties to disclose, analyze, and mitigate significant impacts from the project. (§§ 21067, 21165.)

B. CEQA

Before delving into the facts and procedural history of this matter, it is necessary to discuss the relevant statutory and regulatory framework. CEQA requires an agency to conduct an initial study to determine if a project may have a significant effect on the environment. ( Cal. Code Regs., tit. 14,² § 15063, subd. (a).) "If there is substantial evidence that the project may have a significant effect on the environment, then the agency must prepare and certify an EIR before approving the project." ( Friends of College of San Mateo Gardens v. San Mateo County Community College Dist. (2016) 1 Cal.5th 937, 945, 207 Cal.Rptr.3d 314, 378 P.3d 687.) The EIR is "the heart of CEQA" (CEQA Guidelines, § 15003, subd. (a) ), and its purpose is "to provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment; to list ways in which the significant effects of such a project might be minimized; and to indicate alternatives to such a project" ( Pub. Resources Code, § 21061 ; see CEQA Guidelines, § 15003, subds. (b)–(e)).

"CEQA allows public agencies to use special types of EIR's to simplify preparation and avoid duplication. [Citations.] [¶] One of those EIR's is a program EIR. (CEQA Guidelines, § 15168.) ‘A program EIR is an EIR which may be prepared on a series of actions that can be characterized as one large project and are related [among other possibilities [¶] ... [¶] ... [a]s individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways.’ (CEQA Guidelines, § 15168, subd. (a)(4).)’ " ( Center for Biological Diversity v. Department of Fish and Wildlife (2015) 234 Cal.App.4th 214, 233, 183 Cal.Rptr.3d 736 ( Center for Biological Diversity ).) The housing element is such a project.

"Using a program EIR can provide a public agency many advantages as it proceeds with its program. For one, the agency can avoid preparing multiple EIR's for the program and its activities if the program EIR is comprehensive. ‘Preparation of a program EIR allows a public agency to characterize the overall program as the project that is proposed for approval. If a sufficiently comprehensive and specific program EIR is prepared, the agency may dispense with further environmental review of activities within the program that are adequately covered by the program EIR. ( [CEQA Guidelines,] § 15168, [subd.] (c).)’ [Citation.]" ( Center for Biological Diversity, supra, 234 Cal.App.4th at p. 233, 183 Cal.Rptr.3d 736.)

"Program EIR's have other advantages. They may be used to address impacts and mitigation measures that apply to the program as a whole to simplify later environmental review for program activities. (CEQA Guidelines, § 15168, subd. (d) ....) They may also be used to consider broad programmatic issues for related actions at an early planning stage when the agency has greater flexibility to deal with basic problems or cumulative impacts. (CEQA Guidelines, § 15168, subd. (d).)" ( Center for Biological Diversity, supra, 234 Cal.App.4th at p. 233, 183 Cal.Rptr.3d 736.)

"The CEQA Guidelines do not specify the level of analysis required to be performed in a program EIR. Indeed, ‘[n]o ironclad rules can be imposed regarding the level of detail required .... EIR requirements must be "sufficiently flexible to encompass vastly different projects with varying levels of specificity." [Citation.]’ [Citation.] ‘The degree of specificity required in an EIR will correspond to the degree of specificity involved in the underlying activity which is described in the EIR.’ (CEQA Guidelines, § 15146.)" ( Center for Biological Diversity, supra, 234 Cal.App.4th at p. 234, 183 Cal.Rptr.3d 736.)

Therefore, "[d]esignating an EIR as a program EIR ... does not by itself decrease the level of analysis otherwise required in the EIR. ‘All EIR's must cover the same general content. [Citations.] The level of specificity of an EIR is determined by the nature of the project and the "rule of reason" [citation], rather than any semantic label accorded to the EIR.’ " ( Friends of Mammoth v. Town of Mammoth Lakes Redevelopment Agency (2000) 82 Cal.App.4th 511, 533, 98 Cal.Rptr.2d 334.) Consequently, in considering a challenge to a program EIR, " ‘it is unconstructive to ask whether the EIR provided "project-level" as opposed to "program-level" detail and analysis. Instead, we focus on whether the EIR provided "decision makers with sufficient analysis to intelligently consider the environmental consequences of [the] project." ’

( Citizens for a Sustainable Treasure Island v. City and County of San Francisco (2014) 227 Cal.App.4th 1036, 1052 .)" ( Cleveland National Forest Foundation v. San Diego Association of Governments (2017) 17 Cal.App.5th 413, 426, 225 Cal.Rptr.3d 591 ( Cleveland National Forest ).)

C. General Plan Requirements

"The Planning and Zoning Law ( Gov. Code, § 65000 et seq. ) requires each city and county to ‘adopt a comprehensive, long-term general plan for the physical development of the county or city, and of any land outside its boundaries which in the planning agency's judgment bears relation to its planning.’ ( Gov. Code, § 65300.) A city's general plan is its ‘ " ‘constitution’ for future development" ... ‘ "located at the top of "the hierarchy of local government law regulating land use." ’ [Citation.] ‘ "[T]he propriety of virtually any local decision affecting land use and development depends upon consistency with the applicable general plan and its elements." [Citation.]’ [Citation.] The Planning and Zoning Law requires that each general plan include seven mandatory elements, including a land use element, a circulation element, a housing element, a conservation element, an open-space element, a noise element, and a safety element. ( Gov. Code, § 65302.)" ( Latinos Unidos de Napa v. City of Napa (2013) 221 Cal.App.4th 192, 196-197, 164 Cal.Rptr.3d 274 ( Latinos Unidos ).)

D. The Housing Element Law

Declaring housing availability to be of "vital statewide importance" and the "attainment of decent housing and a suitable living environment ... a priority of the highest order," the Legislature enacted the Housing Element Law, which requires local governments to adopt a "housing element" as a component of its general plan. ( Gov. Code, § 65580 et seq., added by Stats. 1980, ch. 1143, pp. 3697-3698, § 3; Fonseca v. City of Gilroy (2007) 148 Cal.App.4th 1174, 1183, 56 Cal.Rptr.3d 374 ( Fonseca ).) The purpose of the Housing Element Law is, among other things, "[t]o assure ... cities [will] recognize their responsibilities in contributing to the attainment of the state housing goal," including "housing affordable to low-and-moderate-income households." ( Gov. Code, §§ 65580, subd. (c), 65581, subd. (a).) A local government's housing element must be reviewed and revised every five to eight years. ( Gov. Code, §§ 65583, 65588, subds. (b), (e).)

The housing element of a general plan must contain specific components, analyses, goals and policies. ( Gov. Code, § 65583.) The housing element must include, among other things, "[a]n assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs," including an inventory of land suitable for residential development, as well as a program "to implement the policies and achieve the goals and objectives of the housing element." ( Gov. Code, § 65583, subds. (a), (c).)

The housing element must also identify actions that will be taken to make sites available to accommodate the local government's share of the regional housing needs. ( Gov. Code, § 65583, subd. (c)(1).) The Legislature enacted the regional housing needs assessment (RHNA) procedure (see Gov. Code, §§ 65584 - 65589 ) to address the state's shortage of affordable housing. ( Gov. Code, § 65580, subd. (a).) To achieve the state's housing objectives, the law requires each local jurisdiction to zone adequate numbers of sites to accommodate the regional housing burden allocated to...