Parchester Village Neighborhood Council v. City of Richmond
Indian tribe’s casino development did not constitute a “project” of city—which entered into municipal services agreement with tribe—under the California Environmental Quality Act where the city had no legal authority over the property upon which the casino was to be situated, and agreement by city to support tribe’s efforts to acquire the land for the casino and to obtain the requisite approvals from the Bureau of Indian Affairs, and the governor did not transform the casino into a “project” triggering an obligation by the city to prepare an environmental impact report; MSA was best understood as a mechanism for funding proposed projects that may be modified or not implemented at all depending upon a number of factors, including CEQA environmental review, where the city did not unconditionally commit itself to making any of the physical changes referenced in the MSA. Requirement in MSA that parties negotiate a fire protection and emergency response agreement after the tribe provided the city with its operational plan were not subject to CEQA review where actual options for placement of a firehouse remained vague. MSA’s commitments governing transportation improvements were not subject to CEQA review where it was unclear city had agreed to allow tribe to construct traffic improvements.
Parchester Village Neighborhood Council v. City of Richmond – filed February 24, 2010, First District, Div. One
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