A contentious development project in downtown Lafayette, California, has sparked a legal battle over environmental regulations and urban planning. On June 27, 2024, Nahid Nassiri filed a complaint against the City of Lafayette in the Contra Costa County Superior Court, challenging the city's approval of a 12-unit residential condominium project proposed by developer 3721 Land LLC.
The dispute centers on whether the project qualifies for an exemption from the California Environmental Quality Act (CEQA) as infill development. The City of Lafayette determined that the project was exempt from CEQA review because it met criteria outlined in CEQA Guidelines Section 15332. However, Nassiri, who owns an office building adjacent to the proposed site, argues that the exemption is invalid due to potential impacts on rare species and air quality.
Nassiri's appeal contends that the project site serves as a habitat for rare bird species like oak titmouse and Nuttall’s woodpecker. She also claims that construction would significantly affect air quality. "The project does not qualify for the infill development exemption because it will result in significant effects related to air quality," Nassiri stated through her attorney. The city reviewed these concerns but found no substantial evidence supporting Nassiri's claims. A biological resources report by Mosaic Associates and a CEQA exemption memo submitted by the developer were pivotal in this decision.
The plaintiff also introduced new arguments on appeal, including an "unusual circumstances" exception under CEQA Guidelines Section 15300.2(c). Nassiri argued that unique features like a creek along the southern property line warranted further environmental review. Despite these assertions, both the trial court and appellate court found no error in the city's determination and affirmed its decision.
Nassiri seeks a writ of mandate to halt construction until comprehensive environmental reviews are conducted. She argues that failing to do so violates multiple provisions of CEQA designed to protect endangered species and maintain air quality standards.
Representing Nassiri are attorneys Richard Drury and Brian B. Flynn from Lozeau Drury LLP. The City of Lafayette is represented by Sarah E. Owsowitz and Hannah S. Park from Best Best & Krieger LLP.
The Case ID A165324.