Preservation Action Council v. San Jose, City of

ELR Citation: ELR 20155
No(s). H028201 (Cal. App. 6th Dist. Aug 4, 2006)

An appellate court orders a city to rescind its decision certifying an environmental impact report (EIR) for a redevelopment project that would convert an unused historic building into a retail hardware and garden supply center. Under the California Environmental Quality Act's EIR guidelines, the city is required to consider a reasonable range of potentially feasible development alternatives that would accomplish most of the project's basic objectives and avoid or substantially lessen its significant environmental effects. But the city's analysis of a reduced-size alternative for the retail space is inadequate and its rejection of this alternative is unjustified and unsupported by the record.

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