Protect Niles v. City of Fremont

Fremont approved a development project in its Niles historical district, which is characterized by unusual trees and historic buildings. The historic overlay district was intended to preserve its “small town character.” The six-acre site was vacant; the developer proposed building 85 residential townhomes in its southern portion and mixed residential and retail in the northern portion. Opponents objected that some three-story buildings might block hill views; to the architectural style and choice of colors and materials on building exteriors; and to the Project’s density as a generator of traffic and parking problems. The city adopted a mitigated negative declaration under the California Environmental Quality Act, rather than prepare an environmental impact report, finding the Project as mitigated would have no significant adverse environmental impact. The trial court granted the objectors’ petition and ordered the city to vacate its approvals "absent compliance with CEQA in the preparation of an EIR.” The court of appeal affirmed, stating the Project’s compatibility with the historical district is properly analyzed as aesthetic impacts. Substantial evidence supports a fair argument of a significant aesthetic impact and a fair argument of significant traffic impacts, notwithstanding a professional traffic study concluding the anticipated adverse impacts fell below the city’s predetermined thresholds of significance. View "Protect Niles v. City of Fremont" on Justia Law