In this case, the Court of Appeal for the First Appellate District rejected all of petitioner’s arguments regarding the adequacy of the seismic impact analysis and mitigation measures in a revised Environmental Impact Report (“EIR”) prepared for a project that proposed to convert 64 acres of maritime and industrial land along Oakland’s waterfront into residential, retail/commercial, open space and marina uses (“Project”).

Petitioner first argued that the EIR failed to properly evaluate the risk of seismic damage to structures as a Project impact. Specifically, petitioner contended that the EIR failed to analyze damage to structures and provide mitigation that would allow for immediate re-occupancy of buildings following an earthquake. Instead, the EIR focused on whether the Project structures could be designed to a life safety standard that would protect against the substantial risk of loss, injury or death. The court rejected petitioner's argument, stating: “[w]e do not accept the premise . . . that under CEQA, as a matter of law, seismic impacts are significant unless buildings could be repaired and ready for occupancy after a major earthquake. Nothing in CEQA, the cases interpreting it, or common sense compels such a conclusion. A less than significant impact does not necessarily mean no impact at all.”