Environmental impact reviews must consider nearby projects even if they haven't finalized their plans, a judge tentatively ruled. The city worries that could 'grind development to a halt.'
A new court ruling could make it much harder for San Diego to follow through on plans to solve the local housing crisis by allowing more high-rise and mid-rise projects across the city.
Incentives that allow more units based on location would shift the required proximity to transit from half a mile to within 1 mile, but they would also change how that distance is gauged. Plans for Millennium PQ were not deemed complete by the city until 14 months after the Junipers EIR was launched. Plans for the Trails at Carmel Mountain Ranch were not deemed complete until 21 months after.
Syz said technical studies included in an EIR, such as how a project would increase traffic and affect nearby intersections, take many months and would have to be started over many times under Frazier’s tentative ruling.In his tentative ruling, Frazier said the city and the developer should have used a different deadline — the date the draft EIR was released, not begun — to determine which nearby projects to include in the analysis.
“Having 36 homes, open trenches and critical public utilities in the middle of construction — I think that deserves to be part of the conversation,” he said.
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