ELR Citation: ELR 20136
No(s). D046728 (Cal. App. 4th Dist. Jul 7, 2006)

A court reverses a lower court decision denying a petition challenging a community college district's approval of a large construction and remodeling project. The district prejudicially abused its discretion by certifying a final environmental impact report (EIR), adopting a statement of overriding considerations with California Environmental Quality Act findings, and approving a master plan without adopting feasible measures to mitigate certain adverse off-campus traffic impacts. In addition, the district's claim of economic infeasibility are not supported by substantial evidence. On remand, the lower court must vacate the EIR, statement of overriding considerations, and master plan, and must order the district to prepare, circulate, and consider a legally adequate EIR with regard to the off-campus traffic mitigation issues before taking further action.