City of San Diego v. Board of Trustees of the California State University

(2011) 201 Cal.App.4th 1134

The Fourth District Court of Appeal ruled the California State University violated CEQA by considering an appropriation from the State Legislature as the only means of making “fair share” payments for off-site traffic improvements necessary to accommodate increased enrollment and campus expansion pursuant to an updated master plan.  The University took the position that the California Supreme Court’s opinion in City of Marina v. Board of Trustees of California State University (2006) 39 Cal.4th 341 set a “ceiling,” rather than a “floor” regarding its obligation to consider sources of funding for its payment of fair-share funding of off-site improvements. The commitment to assist with funding of these improvements was conditioned on requesting and obtaining funds from the California Legislature; if the Legislature did not appropriate the money, then the impacts would be significant and unavoidable.  The Court ruled CSU had an obligation under CEQA to consider other ways of raising the money necessary to pay its fair share for these improvements and that dictum in the Marina decision did not bar the University from exploring other options. (RMM Partner Sabrina V. Teller and Associate Laura M. Harris filed a brief for League of California Cities and California State Association of Counties as Amici Curiae on behalf of the Petitioners and Appellants City of San Diego, et al.]