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MARINA v. BOARD OF TRUSTEES PART III

MARINA v. BOARD OF TRUSTEES PART III
08:07:2006

MARINA v. BOARD OF TRUSTEES










Filed 7/31/06




IN THE SUPREME COURT OF CALIFORNIA





CITY OF MARINA et al., )


) S117816


Plaintiffs and Respondents, )


) Ct.App. 6 H023158


v. )


) Monterey County


BOARD OF TRUSTEES OF THE ) Super. Ct. Nos.


CALIFORNIA STATE UNIVERSITY, ) M41795 & M41781


)


Defendant and Appellant. )


_______________________________________ )


Story Continue from Part II……..




B. Is Mitigation Exclusively the Responsibility of FORA?


CEQA, as previously noted, does not require a public agency to undertake identified mitigation measures, even if those measures are necessary to address the project's significant environmental effects, if the agency finds that the measures â€





Description Board of trustees of university system abused discretion when it approved environmental impact report--for expansion of small campus on former military base into a major institution that will enroll 25,000 students--that disclaimed responsibility for mitigating off-campus effects such as water drainage problems, increased water demand, increased traffic, increased wastewater, and increased need for fire protection because the only way to make such effects insignificant would be to improve the base's off-campus infrastructure to the extent called for by base's civilian governing authority's master plan.
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