Appellate Court holds CEQA does not require affordable housing alternative in EIR if that is not a foreseeable use

The Flanders Foundation v. City of Carmel-by-the-Sea Cal.App. , DJDAR 121 (Jan. 4, 2012)

The City of Carmel-by-the-Sea intended to sell an historical piece of real property that was constrained to historical uses. As a result, the city did not consider the possible use for affordable housing in the EIR. The Surplus Lands Act requires agencies to offer properties for affordable housing or park purposes before offering it to the general public.

A foundation sued the city, claiming the EIR had to consider affordable housing. The trial court agreed. The Court of Appeal, however, held the City did not need to consider affordable housing in the EIR because such use was not a reasonably foreseeable use due to its historical nature and limitations in use.

 

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