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Article: Delayed San Joaquin Valley air plan upheld: Santa Cruz Park Project neg dec fails because of poor initial study.(ceqa)
- Article from:
- California Planning & Development Report
- Article date:
- October 1, 2005
CopyrightCOPYRIGHT 2005 California Planning & Development Report. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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A state appellate court has thrown out a "general plan" for a beach park in Santa Cruz because the initial study of environmental impacts did not address the effects of unleashed dogs at the park. However, the court also ruled that there was not enough evidence to force preparation of an environmental impact report for the park plan.
Instead of demanding an EIR, the court ruled, "Once the informational requirements of a complete initial study have been met, the city as lead agency may again determine whether a negative declaration, a mitigated negative declaration or an EIR is appropriate."
The decision came in a case regarding the City of Santa Cruz's ...