Second District Addresses CEQA's Class 32 Infill Exemption Criteria

In it's recent decision in United Neighborhoods for Los Angeles v. City of Los Angeles (2023) ___ Cal.App.5th ___, the Second District Court of Appeal affirmed a judgment voiding the City of Los Angeles's reliance on the CEQA Class 32 Infill Exemption for a hotel project in Hollywood that would demolish 40 rent-stabilized units (RSO). In upholding the trial court decision, the appellate court emphasized the City's failure to adequately assess the Project's consistency with all applicable general plan policies, as required by CEQA Guidelines section 15332(a).

This case provides a good reminder of the deference afforded to public agencies when determining which general plan policies apply to a project. Importantly, the Court clarified that this determination must be supported by substantial evidence, and the additional deference afforded to public agencies when weighing conflicting general plan policies does not apply. Per the Court, "[t]he principle that the City