City of Maywood v. Los Angeles Unified School District (208 Cal. App. 4th 362, 2012)

Opinion

ZELON, J.

INTRODUCTION

The City of Maywood filed a petition for writ of mandate seeking to overturn the Los Angeles Unified School District’s (LAUSD) decision to certify a final environmental impact report (FEIR) analyzing the environmental consequences of constructing a high school. Maywood argued that the FEIR did not satisfy the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) because it failed to adequately assess various environmental impacts and did not include a sufficient discussion of project alternatives. Maywood also alleged that the LAUSD’s decision to certify the FEIR violated school siting procedures enumerated in the Education Code.

Although the trial court rejected a majority of Maywood’s claims, it found that the FEIR was deficient in four ways. First, it concluded that the report failed to consider whether the design of the school campus, which was bisected by an active roadway, presented any significant impacts to pedestrian safety. Second, the court concluded that the report did not adequately assess whether the project site was contaminated with hazardous materials. Third, it found that the report failed to analyze the cumulative impacts from a planned expansion of the 1-710 freeway. Fourth, the court ruled that the report did not contain a sufficient discussion of project alternatives.

The trial court entered a peremptory writ prohibiting the LAUSD from taking any further actions to approve the project until it had prepared and certified a revised environmental impact report (EIR). In addition, the court granted a motion awarding Maywood approximately $670,000 in attorneys’ fees pursuant to Code of Civil Procedure section 1021.5 (section 1021.5).

The LAUSD appeals the peremptory writ and the trial court’s order awarding attorneys’ fees. We affirm in part, reverse in part and remand for further proceedings. We affirm the portion of the writ requiring the LAUSD to address whether the proposed design of the project presents significant impacts to pedestrian safety. The remainder of the trial court’s writ is reversed. We also reverse the trial court’s order awarding attorneys’ fees and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

A. Description of the Project

The project at issue is the construction of “South Region High School No. 8,” intended to serve the LAUSD’s south region planning area. The project has several objectives, including: “[r]eliev[ing] overcrowding at Bell High . . .”; “[e]liminat[ing] involuntary busing of students”; “[p]rovid[ing] multipurpose fields for students and community use outside normal school operation hours . . .”; and “[p]rovid[ing] an adult school program to serve demand in the local area while making efficient use of educational facilities.”

The project site is located in the City of Maywood and consists of two city blocks approximately a half-mile from the 1-710 freeway. The 8.37-acre site is bordered by 57th Street on the north, Slauson Avenue on the south, King Avenue on the west and Mayflower Avenue on the east. The site is bisected by 58th Street, which divides the campus along an east/west axis.

The proposed project would consist of 146,000 square feet of school facilities to accommodate up to 1,215 high school students. The southern block of the campus, situated south of 58th Street, will include 43 classrooms, a library, a performing arts center, a multipurpose facility, a gymnasium, a medical clinic, a food services area and additional space for maintenance and other support services.

The northern block of the campus, situated north of 58th Street, will include a lighted football/soccer stadium that will seat approximately 1,200 people, a 40,000-square-foot parking garage and a set of basketball courts located on the roof of the parking garage. The two sides of the campus will be connected by a pedestrian bridge on the east side of the project site that spans 58th Street. The bridge will be accessible from the northern side of the campus through the top level of the parking garage (where the basketball courts are located) and will be accessible from the southern side of the campus through the gymnasium.

At the time the LAUSD announced the project, the two city blocks within the project site contained seven parcels of commercial property and 40 parcels of residential property. The commercial parcels included nine commercial units and the residential parcels included 119 units of housing consisting of 10 single-family units, 29 multifamily units and a motel.

B. Environmental Review

1. Notice of Preparation and Initial Study

In July 2009, the LAUSD issued a “Notice of Preparation and Initial Study” (NOP) announcing that it was “proposing to construct and operate a new high school on a 9.4 acre site at the northeast comer of Slauson Avenue and King Avenue, in the City of Maywood.” The NOP indicated that 8.65 acres of the site consisted of two city blocks bordered by 57th Street, Mayflower Avenue, Slauson Avenue and King Avenue. The remaining 0.75 acres consisted of the portion of 58th Street that ran between the two blocks, which would be vacated and incorporated into the project. The NOP was accompanied by several appendices, including a cultural resources and architectural evaluation, a geological seismic hazard report, an environmental site assessment report, a health risk assessment and a rail safety study.

The NOP concluded that the project could result in significant environmental impacts and would therefore require the preparation of an EIR. The LAUSD announced that, as part of the review process, it had scheduled a scoping meeting to allow members of the community to express their “views regarding the . . . content of the environmental information that should be included in the EIR.”

During the scoping meeting, which was held on August 19, 2009, several Maywood residents and government officials informed the LAUSD that its proposed design was infeasible because Maywood would not allow the school district to close the portion of 58th Street that bisected the project site. In response to these comments, LAUSD officials stated that they were aware of “the 58th Street issue” and intended to work with Maywood to resolve the matter.

Other residents and local government officials expressed concern that “an upcoming project on the 710 freeway w[ould] open up exit-ramps onto Slauson Avenue, which could greatly increase traffic in the area of the school.” A member of the Maywood Planning Commission, commented that the “extension of the 710 fwy. needs to be addressed . . . since it would impact the local school sites, children and air quality.” In response, the LAUSD stated that the EER would look into the issue of the 710 exit.

Several meeting attendees also commented that the LAUSD should investigate the project site for potential ground and water contamination caused by hazardous materials. Although the NOP had concluded that the project would present no significant impacts from the potential release of hazardous materials, members of the community requested that the LAUSD conduct a more thorough analysis as part of the EIR process.

Participants expressed concerns on a wide variety of additional potential project impacts, including the displacement of Maywood residents, destruction of cultural resources, traffic and parking.

2. Draft Environmental Impact Report

In December of 2009, the LAUSD released its draft environmental impact report (DEIR). The project description in the DEER indicated that the LAUSD had altered the original design of the project. Rather than incorporating 58th Street into the project site, the new design left 58th Street as an active roadway that bisected the site. The new design also included a pedestrian bridge over 58th Street connecting the northern and southern sides of the campus. The student dropoff zone would be located on the south side of 58th Street, in close proximity to the main entrance to the classrooms and other school facilities, and across the street from the football stadium and the parking garage.

a. Summary of Areas of Controversy

As required under the CEQA guidelines, the DEER contained a chapter summarizing “areas of controversy” that had been raised by the public and other government agencies during the NOP comment period. (See Guidelines, § 15123, subd. (b)(2).) A list summarizing the “potential areas of controversy” included “cumulative impacts with the proposed 1-710 expansion”; “Consideration of alternate sites”; “The City of Maywood will not approve the vacation of 58th Street described in the Initial Study”; “[hjazardous material that may exist onsite.”

An accompanying table listed each comment received during the comment period and the section of the DEIR that addressed each comment. In response to comments that Maywood did not intend to vacate 58th Street, the DEIR referred to a section describing the current design of the project, which left 58th Street as an active roadway. In response to comments requesting that the LAUSD consider the proposed expansion of the 1-710 freeway, the DEIR referred to a subchapter describing the effects on transportation and traffic. That chapter, however, contained no discussion or reference to the 1-710 expansion project.

The DEIR listed numerous additional comments, including concerns about the hazardous materials, displacement of residents, loss of housing and historic buildings, lack of onsite parking, increased traffic and aesthetics.

b. Summary of Potential Environmental Impacts

After summarizing the areas of controversy, the DEIR analyzed several different categories of potential environmental impacts, including, in relevant part, hazardous materials, pedestrian safety and expected cumulative impacts from other current and future projects in the area.

i. Hazards and Hazardous Materials

The DEIR subchapter on “Hazards and Hazardous Materials” stated that the NOP determined the project “would have no impact or a less-than-significant impact for all environmental . . . topics [related to] Hazards and Hazardous materials.” The DEIR noted, however, that because the public had expressed concerns regarding potential impacts from hazardous materials, the LAUSD elected to include “a more detailed discussion of the potential impacts associated with those topics.”

The DEIR explained that, pursuant to school siting requirements in the Education Code, the LAUSD was working with California’s Department of Toxic Substances Control (DTSC) to conduct an environmental evaluation and remediation of the project site. As part of that process, the LAUSD had conducted a phase I environmental assessment (ESA), a preliminary endangerment assessment (PEA), a health risk assessment and a rail safety study.

The DEIR further explained that the initial ESA revealed several potential contamination hazards on and off the project site, which included four industrial facilities and residential structures that exhibited the potential for lead-based paint and termiticide contamination. Based on these areas of concern, the LAUSD conducted a PEA that included a soil analysis of the project site. The PEA analyzed hundreds of soil samples taken from the nine commercial parcels and several of the residential parcels located on the project site. The DEIR noted that because the LAUSD had been unable to secure “access agreements” for 27 of the residential properties, no testing had occurred on those particular parcels. The report also indicated, however, that the DTSC had ordered the LAUSD to test those sites once it had gained access to the properties.

The DEIR further explained that the results of the PEA showed that the project site had an estimated cumulative cancer risk that “exceeded] the DTSC target-risk screening goal.” Under the Education Code, this finding required LAUSD to complete further steps “in investigating, assessing and remediating the project’s sites environmental conditions,” which included (1) preparing a supplemental site investigation that would have to be reviewed and approved by the DTSC; (2) preparing a removal action workplan (RAW) to remediate or remove any contaminated soil, which would also need to be approved by the DTSC; and (3) “performing] the removal action . . . consistent with the DTSC’s cleanup standards and other performance criteria and under [the DTSC’s] oversight.” Finally, prior to construction, the LAUSD would have to obtain “the DTSC’s review and approval . . . [that] the site’s condition will not significantly threaten the health and safety of workers, students, and adults.”

The DEIR concluded that “[w]ith the implementation of the required response actions as approved by DTSC, such as conducting additional investigation and completing the RAW under the DTSC oversight, the proposed project would have a less than significant hazardous materials impact to the public and the environment.”

ii. Pedestrian Safety Issues

The DEIR included a subchapter addressing potential impacts to pedestrian safety. The report concluded that “[increased levels of traffic and pedestrians on local roadways, along with increased vehicular turning movements at intersections, driveways and curbside parking could increase the risk of conflicts between vehicles and pedestrians.” A traffic and safety study found that these pedestrian safety issues could be mitigated by installing traffic signals, crosswalk striping and school crossing signs at various intersections around the exterior of the project site, as well as “passenger loading” signs in the designated dropoff and pick up areas.

The DEIR further concluded, however, that the implementation of such mitigation measures was “under the jurisdiction of another agency (City of Maywood) and therefore [could not] be guaranteed by LAUSD. Therefore, pedestrian safety impacts would remain significant and unavoidable until mitigation measures are implemented.”

The subchapter on pedestrian safety did not discuss whether students and staff would be endangered by the fact that 58th Street bisected the project site or whether the proposed pedestrian bridge would adequately mitigate any such hazards.

iii. Discussion of Cumulative Impacts

Each subchapter in the environmental analysis section of the DEIR included a discussion of “cumulative impacts” that might occur as “a result of past, present and reasonably foreseeable future projects” located in the same geographic area. The DEIR contained a list of 12 “approved and pending projects” that were considered for the purposes of the cumulative impact analysis. The DEIR did not include the expansion of the 1-710 as a reasonably foreseeable project nor did it explain why it had not considered the 1-710 project in its analysis.

c. Alternatives to the Project

The DEIR contained a 43-page chapter describing six possible alternatives to the project which included one “No Project/No Build” alternative, one “Reduced Project” alternative and four alternatives that utilized different project sites. The DEIR also included a list of approximately 50 additional sites that were considered during the review process, but were ultimately deemed improper for inclusion in the DEIR.

The “Reduced Project Alternative” consisted of a high school located on the same project site “that would require 25 percent less land and would have 25 percent less capacity than the Proposed Project.” This alternative would accommodate approximately 300 fewer students and would not include a football stadium. The DEIR concluded that although the reduced project alternative would have less significant impacts in numerous different environmental categories, it would not relieve overcrowding at Bell High School to the same extent as the proposed project.

One of the four alternative project sites discussed in the DEIR was “Site No. 26,” which was located in a commercial area of Vernon, California. Site No. 26 was approximately the same size as the proposed project site and would include the same facilities. The DEIR concluded that because Site No. 26 was surrounded by commercial parcels, it would require no residential displacements and impose less significant impacts in terms of noise and aesthetics. The DEIR further concluded, however, that the site would have greater impacts on pedestrian safety due to “a high volume of truck traffic.” The DEIR also stated that impacts from hazards and hazardous materials would be greater because the site was currently used for industrial and commercial purposes and was surrounded by similar land uses.

d. Comments to the DEIR

During the public comment period for the DEIR (see Pub. Resources Code, § 21091), Maywood raised several of the same objections asserted in response to the NOP. For example, Maywood asserted that the DEIR failed to address “the impacts of the planned Slauson Avenue/I-710 Freeway interchange.” According to Maywood’s engineering expert, “[t]he new ramps will modify traffic circulation in the area and are expected to bring additional traffic, especially truck traffic, to Slauson Avenue in the project vicinity.”

Maywood also argued that the DEIR did not contain a sufficient discussion of potential impacts from hazardous materials. Maywood noted that the DEIR indicated that the LAUSD had “tested the soils conditions at only roughly half the lots, and almost none of the residential properties [in the project site].” Moreover, the DEIR included no discussion explaining site cleanup.

Maywood further asserted that the DEIR should include a “reduced project” alternative that retained the same number of classrooms as the proposed project while reducing nonclassroom facilities. According to Maywood, the LAUSD’s reduced project alternative—which would service 25 percent less students than the proposed project—was a “straw man” option “designed to fail from the outset.” Maywood also asserted that the DEIR should provide “[fjurther consideration of rejected Alternative Site No. 26 for the proposed school” and assess several alternative sites that had been proposed during the school site selection process.

Maywood also raised questions about the safety of the redesigned campus, indicating that it had “serious safety concerns about the design of the campus with a busy truck-laden street running down the middle and no effective way to prevent teens from jaywalking.” Maywood’s engineering expert concluded that the LAUSD’s traffic and safety study failed to analyze whether “students/staff would use the bridge instead of crossing at ground level.”

Finally, Maywood asserted that the DEIR failed to adequately analyze numerous additional categories of environmental impacts, including, in part effects on displaced residents, destruction of cultural resources, aesthetics, air quality, earth and geology, parking, land use and planning, pedestrian safety, traffic, public services, recreation, utilities and climate change.

3. Summary of the Final EIR

In February of 2010, the LAUSD issued its FEIR, the substantive content of which was essentially identical to the DEIR. The FEIR included a chapter identifying all of the changes from the DEIR, which consisted of line edits and minor alterations to traffic flow data. (See Guidelines, § 15132, subd. (a) [“The final EIR shall consist of: [j[] (a) The Draft EIR or a revision of the draft.”].) As required under the CEQA Guidelines, the FEIR also included several new chapters including, in relevant part, a chapter summarizing and responding to all comments received on the DEIR and a section detailing mitigation efforts necessary to reduce significant effects on the environment. (See Guidelines, § 15132.)

a. Summary of Significant and Unavoidable Environmental Impacts

The FEIR concluded that the project would produce significant unavoidable environmental impacts in three areas: pedestrian safety, noise and parking. The FEIR explained that although the pedestrian safety issues could be mitigated by implementing various traffic signs and signals, LAUSD could not guarantee the implementation of those measures, which were under the jurisdiction of Maywood. Thus, the pedestrian safety impacts would remain significant and unavoidable unless and until Maywood agreed to such mitigation measures.

b. The LAUSD’s Response to Comments

The FEIR included a 350-page chapter summarizing and responding to comments on the DEIR, 75 pages of which responded to written comments submitted by Maywood. In response to Maywood’s assertion that the DEIR failed to consider pedestrian safety impacts presented by 58th Street, the LAUSD noted that “[s]tudents would be required to use the bridge to cross 58th Street, and would be prohibited from crossing 58th Street at street level. Because the bridge provides the most direct access to the on-site parking garage, teachers would use the bridge for their primary access to the main school area on the southern block. Crosswalks on 58th Street would be signed with ‘school crossing’ signs, as well as striped with high-visibility striping appropriate for school areas.”

In responding to Maywood’s comments about alternative sites, the FEIR explained that it had not considered a “reduced project” alternative that maintained the same number of classrooms while reducing the overall acreage of the project because any such configuration would violate State Department of Education policies governing maximum student per acre density requirements. The FEIR also explained why it had rejected various alternatives, including Site No. 26. According to the FEIR, the LAUSD concluded that Site No. 26 would present greater potential impacts in the areas of pedestrian safety and hazardous materials than the proposed project.

With regard to comments regarding the DEIR’s failure to consider the cumulative impacts of the 1-710 freeway expansion project, the LAUSD stated that the expansion project was still in the early planning stages and therefore did not qualify as a “reasonably foreseeable” future project.

Finally, in regard to comments questioning the analysis of impacts from hazardous materials, the FEIR posited that the LAUSD was permitted to conduct a more detailed investigation and remediation of the project site after the EIR process was completed. The FEIR contended that the LAUSD had fully complied with its duties under CEQA by conducting a preliminary investigation of the environmental condition of the project site and committing itself to a remediation plan that would be overseen by the DTSC.

In March 2010, the LAUSD issued a statement of overriding considerations and findings of fact approving the project despite the fact that it would impose unavoidable significant impacts on pedestrian safety, noise and parking. The LAUSD formally approved the project and certified the FEIR on March 11, 2010.

4. Addendum to the FEIR

Shortly before the LAUSD certified the FEIR and approved the project, the State Department of Education (CDE) issued a letter informing the district that the site did not comply with “Title 5” school siting standards. (See Cal. Code Regs., tit. 5, § 14010.) The letter explained that the FEIR found the project would result in unavoidable significant impacts on pedestrian safety. According to CDE, because the LAUSD could not guarantee necessary mitigations, it had failed to comply with a siting requirement mandating “the mitigation of traffic hazards.” (Cal. Code Regs., tit. 5, § 14010, subd. (1).) The CDE indicated that, after LAUSD approved the FEIR, it would reevaluate whether LAUSD had demonstrated that it could assure mitigation of the pedestrian hazards.

In July 2010, the LAUSD released an “addendum” to the FEIR and a revised findings of fact and statement of overriding considerations concluding that the project would not have an unavoidable and significant impact on pedestrian safety. The addendum concluded that Vehicle Code sections 21372 and 21373 would enable LAUSD to require Maywood to implement the traffic controls necessary to mitigate pedestrian traffic hazards. According to the addendum, “[tjhese statutes require the City of Maywood ... to implement the mitigation measures identified in the EIR, which would eliminate the significant and unavoidable pedestrian safety impacts.”

The CDE found that, with the addendum to the FEIR, the LAUSD had adequately demonstrated that “the site will meet the Title 5 site approval standards.”

C. City of Maywood’s Petitions for Writ of Mandate

1. Summary of Petition for Writ of Mandate Challenging the Original FEIR

In April 2010, the City of Maywood filed a petition for writ of mandate alleging that the LAUSD had (1) failed to comply with CEQA procedures governing the preparation of an environmental impact review and (2) violated “Education Code requirements for siting . . . new school facilities.”

The CEQA cause of action asserted that the FEIR failed to “sufficiently address” a wide range of “potential adverse impacts to the environment,” including, in part, (1) the extent to which the site was contaminated by hazardous materials; (2) “the cumulative impacts of the new Slauson on/off ramp at the 1-710 Major [c]orridor project”; (3) “the pedestrian risks to high school students associated with [a] street bisecting the campus”; (4) “impacts associated with the cultural historic and architectural significance of structures on the Proposed Maywood Site”; (5) “greenhouse gas emissions impact[s]”; (6) “traffic and parking impacts”; (7) “light, glare and noise” impacts for the “sports field”; and (8) “the effect of removing residences for about 116 families . . . from Maywood.” The petition also alleged that the FEIR failed to “provide a reasonable range of [project] alternatives.” In total, the petition alleged the FEIR violated CEQA in over two dozen ways.

Maywood’s second cause of action alleged that the LAUSD had “failed to comply with the [new school siting] procedures set forth in Education Code sections 17210 et seq.” In particular, Maywood alleged that the Education Code prevented the LAUSD from approving the project until it had conducted hazardous materials testing on each parcel of property on the project site and completed a full remediation of any such contamination. The petition also alleged that the LAUSD’s failure to adequately investigate pedestrian safety issues and alternative project sites violated the Education Code.

2. Maywood’s Petition for Writ of Mandate Challenging the FEIR Addendum

On August 12, 2010, the city filed a second petition for writ of mandate, which was assigned a separate case number. The petition sought to invalidate the addendum to the FEIR and any subsequent actions to approve the project site. The petition argued that, under CEQA, LAUSD was required to circulate a “revised” EIR and “revised” CEQA findings prior to approving the addendum. The petition further asserted that, like the FEIR, the addendum did not address potential pedestrian hazards associated with the design of the school, which was bisected by an active roadway. According to Maywood, the addendum’s conclusion that the project would not create any significant impact to pedestrian safety was not supported by substantial evidence.

The petition also included non-CEQA related claims alleging that the LAUSD violated provisions of the Maywood Municipal Code, including zoning ordinances and a recently passed historic preservation ordinance.

3. Maywood’s Memorandum in Support of Its Petition for Writ of Mandate

On November 1, 2010, Maywood filed a memorandum in support of its initial petition for writ of mandate, which set forth five primary arguments. First, Maywood contended that the FEIR did not consider a reasonable range of project alternatives or adequately explain why the LAUSD had refused to consider alternatives set forth in Maywood’s written comments. In particular, Maywood argued that the LAUSD had a mandatory duty to consider “reduced project” alternatives that would reduce the size of the school’s facilities while maintaining the same number of overall classrooms. In addition, Maywood argued that the LAUSD did not provide sufficient detail or analysis of the alternative sites that were discussed in the FEIR.

Second, Maywood argued that the FEIR failed to address or mitigate the significant impacts associated with destroying cultural, historic and architectural resources in the “long standing Slauson Neighborhood.” Maywood asserted that “the most notable example of this fatal flaw” was the EIR’s “total failure” to consider the “Winans House,” which was allegedly designed and built by a notable architect and designated as a cultural resource under local ordinance.

Third, Maywood argued that the LAUSD failed to assess whether the design of the school campus presented impacts on pedestrian safety. Although Maywood acknowledged that the design incorporated a pedestrian bridge spanning 58th Street, it contended that LAUSD made no effort to review whether this design element would effectively address potential safety issues caused by the presence of an active roadway in the middle of the campus site.

Fourth, Maywood argued that the FEIR failed to properly assess traffic, parking and pedestrian safety impacts because it did not “identify and study as a related project the 1-710 [cjorridor project of Caltrans.” Maywood further asserted that the FEIR failed to assess the safety of numerous traffic intersections near the project site or to adequately consider mitigation of parking problems.

Finally, the city argued that the FEIR contained no evidence to support the LAUSD’s finding that the condemnation of numerous residential properties would have no significant impacts on the population and housing availability in Maywood.

In addition to its CEQA arguments, Maywood’s brief argued that the LAUSD had violated Education Code requirements pertaining to the siting of new schools. First, Maywood contended that the LAUSD was required to conduct various “environmental assessment” procedures before approving the school site, including (1) testing each individual parcel of property for hazardous materials contamination and (2) drafting and implementing a remediation work plan describing how the District would clean the project site. Second, Maywood asserted that several of the acts that had allegedly violated CEQA, including the LAUSD’s failure to adequately investigate pedestrian hazards or project alternatives, also violated Education Code siting requirements.

D. The Trial Court’s Ruling on the Petitions for Writ of Mandate

On March 16, 2011, the trial court heard Maywood’s petitions for writ of mandate challenging the LAUSD’s certification of the FEIR and the certification of the addendum. The court informed the parties that it had elected to consider the CEQA arguments Maywood raised in relation to the FEIR addendum—which appeared in the second petition—as part of the first petition for writ of mandate. The remaining arguments set forth in the second petition, which pertained to the LAUSD’s alleged violation of local ordinances, would be considered separately. After argument, the court granted, in part, the first petition and denied the second petition.

The trial court’s written order identified “three different ways ... [in which the] EIR and environment review process did not satisfy statutory and regulatory requirements.” First, the court found that the FEIR failed to adequately assess whether the design of the project would impact pedestrian safety. Specifically, the court concluded that the FEIR failed to consider whether students and other pedestrians would be endangered by the active street that bisected the campus or whether the pedestrian bridge would adequately mitigate any such dangers. The court explained that although the LAUSD prepared a safety study analyzing potential hazards to pedestrians traveling to the campus, the study did not assess the safety of pedestrian “movement . . . once on campus.” According to the court, the record did not contain “even a scintilla of empirical evidence regarding [the] efficacy [of pedestrian] bridges,” rendering it “impossible to know whether the mitigation proposed here would be effective.” The court added that the pedestrian safety issues were “compounded” by the DEIR’s failure to evaluate the “cumulative effect of a new off-ramp onto Slauson Avenue from the 1-710 corridor which will add additional traffic into this school zone.”

The trial court noted that the addendum to the FEIR, which was issued in July 2010, did not address these issues. Instead, the addendum merely concluded that the LAUSD could utilize sections of the Vehicle Code to force Maywood to implement the traffic control measures needed to reduce hazards to pedestrians walking to the school site. According to the court, the addendum did not contain any information pertaining to potential pedestrian hazards caused by the location of 58th Street, and therefore did not alleviate the defects in the initial FEIR.

Second, the court found that the FEIR did not contain an adequate discussion of project alternatives. The court agreed with Maywood’s assertion that the LAUSD should have considered a “reduced project” alternative that retained the same number of classrooms while eliminating additional non-classroom facilities. The court also found that the FEIR should have contained a more “detail[ed]” examination of Site No. 26, explaining: “[LAUSD’s] conclusion regarding alternative no. 26, that it would ‘have greater impacts associated with pedestrian safety, land use, and hazards and hazardous materials,’ tha[n] the proposed Maywood site, is simply unsupported by substantial evidence.”

Third, the court ruled that the FEIR did not adequately investigate potential impacts from hazardous material contamination at the project site. The court emphasized that the LAUSD failed to conduct contamination testing on numerous parcels within the project site: “As far as almost half of the property at issue is concerned, there is no information in the EIR regarding any potential for the release of hazardous and/or toxic waste in the soil and groundwater at these locations during the construction phase of this project, or afterward.” It also ruled that the record lacked “substantial evidence [demonstrating] . . . that the disturbance of currently unknown amounts of contaminated soils and groundwater can be mitigated to a point where it is not a substantial impact.”

The court also ruled that the LAUSD’s certification of the FEIR violated Education Code sections 17211 and 17213.1, which require school districts to take certain actions before acquiring a school site. The court concluded that, under these statutes, the district was prohibited from approving the FEIR until it had (1) adequately investigated pedestrian hazards caused by 58th Street, (2) prepared a financial analysis detailing the costs of conducting a site cleanup, and (3) obtained the CDE’s approval of the project site.

The trial court entered a peremptory writ that prohibited the LAUSD from taking any further actions to approve the project until it had prepared and certified a revised EIR. Shortly thereafter, the city filed a motion for attorneys’ fees pursuant to Code of Civil Procedure section 1021.5. The court granted the motion and awarded the city approximately $670,000 in attorneys’ fees. The LAUSD filed timely appeals of the peremptory writ and the order awarding attorneys’ fees.

DISCUSSION

A. Summary of CEQA and Standard of Review

“CEQA is codified at Public Resources Code section 21000 et seq. . . . [and] is augmented by the state CEQA Guidelines, codified at title 14 of the California Code of Regulations section 15000 et seq.” (Bakersfield Citizens for Local Control v. City of Bakersfield (2004) 124 Cal.App.4th 1184, 1197 [22 Cal.Rptr.3d 203].) “ ‘With certain exceptions, CEQA requires public agencies to prepare an EIR for any project they intend to carry out or approve whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant environmental effect . . . .’ [Citation.] The California Supreme Court has ‘repeatedly recognized that the EIR is the “heart of CEQA.” [Citations.] “Its purpose is to inform the public and its responsible officials of the environmental consequences of their decisions before they are made. Thus, the EIR ‘protects not only the environment but also informed self-government. ’ ” ’ ” (Center for Sierra Nevada Conservation v. County of El Dorado (2012) 202 Cal.App.4th 1156, 1169 [136 Cal.Rptr.3d 351], fn. omitted, quoting Laurel Heights Improvement Assn. v. Regents of University of California (1993) 6 Cal.4th 1112, 1123 [26 Cal.Rptr.2d 231, 864 P.2d 502] (Laurel Heights II).)

The standard of review applicable to “challenges to the certification of an EIR” (Association of Irritated Residents v. County of Madera (2003) 107 Cal.App.4th 1383, 1390 [133 Cal.Rptr.2d 718]) is “well-established: ‘If the substantive and procedural requirements of CEQA are satisfied, a project may be approved even if it would create significant and unmitigable impacts on the environment. [Citation.] “In reviewing an agency’s determination under CEQA, a court must determine whether the agency prejudicially abused its discretion. [Citation.] Abuse of discretion is established if the agency has not proceeded in a manner required by law or if the determination is not supported by substantial evidence.” [Citation.] Courts are “not to determine whether the EIR’s ultimate conclusions are correct but only whether they are supported by substantial evidence in the record and whether the EIR is sufficient as an information document.” [Citation.] “ ‘The appellate court reviews the administrative record independently; the trial court’s conclusions are not binding on it.’ ” [Citation.]’ [Citation.]” (City of Long Beach v. Los Angeles Unified School Dist. (2009) 176 Cal.App.4th 889, 897 [98 Cal.Rptr.3d 137] (Long Beach).)

“ ‘ “ ‘The EIR must contain facts and analysis, not just the bare conclusions of the agency.’ [Citation.] ‘An EIR must include detail sufficient to enable those who did not participate in its preparation to understand and to consider meaningfully the issues raised by the proposed project.’ ” [Citations.] “CEQA requires an EIR to reflect a good faith effort at foil disclosure; it does not mandate perfection, nor does it require an analysis to be exhaustive.” [Citation.]’ [Citation.] ‘The question whether an EIR is sufficient as an informative document depends on the lead agency’s . . . compliance with CEQA’s requirements for the contents of an EIR: whether the EIR reflects a reasonable, good faith effort to disclose and evaluate environmental impacts and to identify and describe mitigation measures and alternatives; and whether the final EIR includes reasonable responses to comments on the draft EIR raising significant environmental issues. [Citations.]’ [Citation.] ‘Analysis of environmental effects . . . will be judged in light of what was reasonably feasible.’ [Citation.]” (Long Beach, supra, 176 Cal.App.4th at pp. 897-898.)

“Noncompliance with CEQA’s information disclosure requirements is not per se reversible; prejudice must be shown.” [Citations.]” (Association of Irritated Residents v. County of Madera, supra, 107 Cal.App.4th at p. 1391.) “ ‘Failure to comply with the information disclosure requirements constitutes a prejudicial abuse of discretion when the omission of relevant information has precluded informed decisionmaking and informed public participation, regardless whether a different outcome would have resulted if the public agency had complied with the disclosure requirements. [Citations.]’ [Citation.]” (Long Beach, supra, 176 Cal.App.4th at p. 898.)

“We apply the substantial evidence test to conclusions, findings, and determinations, and to challenges to the scope of an EIR’s analysis of a topic, the methodology used for studying an impact, and the reliability or accuracy of the data upon which the EIR relied because these types of challenges involve factual questions. [Citation.] ‘ “Substantial evidence” ’ is defined as ‘ “ ‘enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached.’ ” ’ ‘Substantial evidence is not “[argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment .... Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.” ’ [Citations.]” (Long Beach, supra, 176 Cal.App.4th at pp. 898-899.)

“As our Supreme Court succinctly put it, ‘an agency may abuse its discretion under CEQA either by failing to proceed in the manner CEQA provides or by reaching factual conclusions unsupported by substantial evidence. [Citation.] Judicial review of these two types of error differs significantly: While we determine de novo whether the agency has employed the correct procedures, “scrupulously enforcing] all legislatively mandated CEQA requirements” [citation], we accord greater deference to the agency’s substantive factual conclusions.’ [Citation.]” (Long Beach, supra, 176 Cal.App.4th at p. 899, quoting Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (2007) 40 Cal.4th 412, 435 [53 Cal.Rptr.3d 821, 150 P.3d 709].)

B. The LAUSD Failed to Analyze Potential Pedestrian Safety Impacts Caused by the Continued Operation of 58th Street

The trial court concluded that the FEIR did not adequately assess whether the design of the project impacted pedestrian safety. More specifically, the court concluded that the LAUSD failed to investigate whether the presence of an active roadway bisecting the campus, traversed by a pedestrian bridge, would have significant impacts on pedestrian safety.

1. Factual Summary

a. The DEIR’s Analysis of Impacts on Pedestrian Safety

As described in the NOP, the LAUSD originally intended to incorporate 58th Street into the project site and create a single, undivided campus. After the NOP was released, however, Maywood submitted comments objecting to the closure and vacation of 58th Street. Prior to issuing the DEIR, the LAUSD elected to redesign the campus. The project description in the DEIR showed that the new design would leave 58th Street as an active roadway and include a pedestrian bridge that would connect the southern half of the campus and the northern half of the campus. The entrances to the bridge would be located on the basketball courts located above the parking structure on the northern side of the campus, and in the gymnasium on the southern side of the campus.

Subchapter 3H of the DEIR analyzed whether the project would have any significant impacts on pedestrian safety. The findings in subchapter 3H were predicated on a “Traffic, Parking and Pedestrian Safety Study” prepared by LAUSD’s transportation consultant, which was attached as an appendix. The DEIR and safety study discussed two primary issues related to pedestrian safety. First, they considered whether the design of the entrances, access points and dropoff zones presented any pedestrian hazards. The safety study concluded that the positioning of these areas complied with LAUSD construction guidelines and, as a result, the school design would have no significant impact on pedestrian safety.

The second topic considered in subchapter 3H and the safety study was whether the project created “unsafe routes to schools for students walking from local neighborhoods.” The safety study examined the sufficiency of “existing pedestrian routes in close proximity to the school site” and the “traffic controls that could be used by students to access the proposed school site from adjacent neighborhoods.” The study concluded that several intersections near the project site lacked sufficient traffic controls, which would have a significant impact on the safety of pedestrians traveling to the school. To mitigate these impacts, the study recommended the implementation of “pedestrian safety improvements” on various roadways around the exterior of the site. The DEIR and the safety study concluded that if Maywood agreed to implement these proposed improvements—which consisted of traffic signals, traffic signs and crosswalk striping—the impacts to pedestrian safety would be less than significant.

After the DEIR was released, Maywood submitted comments asserting that the LAUSD failed to analyze whether 58th Street would present any hazards to students and whether the pedestrian bridge would effectively address such hazards. A letter from Maywood’s counsel stated that the city had “serious safety concerns about the design of the campus with a busy truck-laden street running right down the middle and no effective way to prevent teens from jaywalking.” Maywood’s counsel also argued that, in discussing prior school projects, LAUSD had made “public statements . . . about the uncontrollable tendency of teens to jaywalk instead of simply using a pedestrian bridge thus imperiling their safety. . . . [f] The bottom line is that the pedestrian bridge is not safe enough . . . [and] will not prevent high school students from jaywalking.”

Maywood’s engineering and traffic expert concluded that the LAUSD’s safety study failed to consider whether the pedestrian bridge would prevent pedestrians from crossing 58th Street: “It is not clear that students/teachers would use the pedestrian bridge instead of crossing 58th Street at ground level. People in general, and students in particular, typically take the shortest route when traveling from one place to another. The study should note how the pedestrian bridge would be situated and discuss the reasons why/why not the students/staff would use the bridge instead of crossing at ground level. The issue of pedestrians crossing 58th Street at ground level should be addressed in the pedestrian study.”

b. The FEIR’s Discussion of Impacts on Pedestrian Safety

Despite Maywood’s comments, the LAUSD’s FEIR did not make any substantive changes to the DEIR’s subchapter on pedestrian safety. The LAUSD also chose not to revise the pedestrian safety study to consider impacts associated with 58th Street and the pedestrian bridge. The FEIR did, however, include responses to Maywood’s comments about the issue.

The FEIR’s responses explained that the “[djesign of the Proposed South Region High School No. 8 Project was altered subsequent to the posting of the Initial Study. Specifically, the project was reconfigured in order to accommodate continued operation of 58th Street across the middle of the proposed campus. The timing of this change in design is consistent with Section 15063 of the CEQA Guidelines which describes that the purposes of the Initial Study are to ‘enable the applicant or Lead Agency to modify a project before the EIR is prepared. . . .’ LAUSD altered the design prior to posting the Notice of Availability for the DEIR because of 1) comments and concerns provided by the City of Maywood and other interested parties during the public review period for the Initial Study regarding the feasibility of closing 58th Street, and 2) the addition of 58th Street would help to mitigate potentially significant parking impacts associated with the Proposed Project, [f] The DEIR evaluated potential environmental impacts associated with the current project design in accordance with Section 15124 of the CEQA Guidelines, [f] Impacts associated with safe routes to schools and pedestrian safety were evaluated in Subchapter 3H, Pedestrian Safety, of the DEIR. . . .”

The responses also asserted that the pedestrian bridge alleviated any safety issues arising from the design of the project: “The Proposed Project includes a pedestrian bridge that will link the northern and southern portions of the of the project site without requiring pedestrians to cross 58th Street in conflict with vehicular traffic. This bridge is shown in Figure 2-6 of the DEIR.[] Potential environmental impacts created by the current project design were evaluated and presented in the DEIR, including potential impacts related to pedestrian safety. It should be noted that during school hours and during extra-curricular activities, all pedestrian traffic between that two parts of the campus would use a pedestrian bridge over 58th Street. Pedestrian traffic travelling to and from the school site would use crossings at the intersection of 58th Street and Mayflower Avenue and 58th Street and King Avenue. These intersections are four-way, stop controlled, and have marked crosswalks.”

Another response stated: “[W]ith regard to concerns relating to pedestrian safety as it pertains to the Proposed Project site and the operation of 58th Street, during school hours and after-school activities, access between the north part of the campus and the south part of the campus would be restricted to pedestrians using the pedestrian bridge. Individuals using the parking structure also would travel to and from the parking structure using the pedestrian bridge.” The LAUSD added that “[sjtudents would be required to use the bridge to cross 58th Street, and would be prohibited from crossing 58th Street at street level. Because the bridge provides the most direct access to the on-site parking garage, teachers would use the bridge for their primary access to the main school area on the southern block. Crosswalks on 58th Street would be signed with ‘school crossing’ signs, as well as striped with high-visibility striping appropriate for school areas.”

2. The FEIR Fails to Analyze or Address Potential Pedestrian Safety Impacts Associated with the Continued Operation of 58th Street

LAUSD argues that the trial court erred in concluding that the FEIR fails as an informational document because it did not address whether the continued operation of 58th Street and the incorporation of a pedestrian bridge would present a significant impact to pedestrian safety. To resolve this issue, we must decide two questions: (1) Did the LAUSD have a duty to investigate whether the presence of an active roadway traversed by a pedestrian bridge presented potential impacts to pedestrian safety? (2) If the LAUSD had such a duty, does the FEIR adequately address the issue?

a. The LAUSD Concedes That It was Required to Evaluate Pedestrian Safety Impacts Caused by the Design of the School

The LAUSD concedes that it had a duty to consider whether the design of the project, which leaves 58th Street as an active roadway traversable by a pedestrian bridge, presented significant impacts to pedestrian safety. The FEIR states that LAUSD criteria applicable to new school project sites require an EIR to evaluate whether the project “substantially increase^] . . . pedestrian safety hazards due to a design feature.”

LAUSD’s concession is well taken. CEQA requires that an EIR include a “detailed statement” setting forth the “significant effects on the environment of the proposed project.” (Pub. Resources Code, § 21100, subd. (b)(1).) It also requires that an EIR “contain a statement briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and were therefore not discussed in detail.” (Guidelines, § 15128.) “[A] ‘significant effect on the environment’ under CEQA is a substantial or potentially substantial adverse change in the physical conditions existing within the area affected by the project.” (California Farm Bureau Federation v. California Wildlife Conservation Bd. (2006) 143 Cal.App.4th 173, 185 [49 Cal.Rptr.3d 169].) As LAUSD acknowledges, these provisions required LAUSD to consider whether the design features of its project—including the presence of an active roadway running through the middle of the project site and the incorporation of a pedestrian bridge—created risks to pedestrians in and around the project site.

The LAUSD also had an independent duty under CEQA to adequately respond to Maywood’s comments regarding the design of the project. The CEQA Guidelines provide that an agency must evaluate and respond to timely comments on the DEIR that raise significant environmental issues. (Pub. Resources Code, § 21091, subd. (d); Guidelines, § 15088.) Responses must describe the disposition of the issues raised in the comments. (Pub. Resources Code, § 21091, subd. (d)(2)(B); Guidelines, § 15088.) If the agency rejects a recommendation or objection concerning a significant environmental issue, the response must explain the reasons why. (Guidelines, § 15088, subd. (c).) Responses must articulate “ ‘good faith, reasoned analysis in response,’ and not mere ‘[c]onclusory statements unsupported by factual information.’ [Citations.]” (Ballona Wetlands Land Trust v. City of Los Angeles (2011) 201 Cal.App.4th 455, 475 [134 Cal.Rptr.3d 194].)

b. The FEIR Does Not Contain Any Evidence Demonstrating That the LAUSD Investigated or Addressed Pedestrian Safety Hazards Related to 58th Street

LAUSD argues that the FEIR and the pedestrian safety study contain substantial evidence demonstrating that it adequately investigated potential safety hazards caused by the location of 58th Street and the incorporation of a pedestrian bridge. Alternatively, the LAUSD argues that the record contains evidence demonstrating that the project includes design features that will force students and staff to use the pedestrian bridge when crossing 58th Street, thereby negating any potential hazards caused by the roadway.

i. The FEIR and the Safety Study Did Not Analyze Pedestrian Hazards Associated with 58th Street or the Pedestrian Bridge

LAUSD asserts that subchapter 3H of the FEIR and the pedestrian safety study “expressly took in to account” whether the “Project features and elements, including the bisection of the Project campus by 58th Street and the pedestrian bridge,” would present hazards to pedestrians. (Original italics.) We disagree. A review of the FEIR and the record make clear that subchapter 3H and the safety study focused on two types of pedestrian hazards: (1) hazards that pedestrians might encounter while traveling to the school from adjacent neighborhoods (dangerous intersections, lack of traffic signals, crosswalks, etc.) and (2) hazards associated with the placement and design of student dropoff zones, parking entryways and entrances to the school. Sub-chapter 3H and the safety study concluded that people traveling to the school site would encounter numerous intersections that did not contain sufficient traffic controls and recommended safety improvements to mitigate those hazards. Subchapter 3H and the safety study do not discuss whether the presence of an active roadway in the middle of the campus would impact pedestrian safety, nor do they discuss whether the pedestrian bridge would alleviate any such hazards.

The LAUSD, however, maintains that its expert did in fact “[take] into account” 58th Street and the pedestrian bridge when assessing safety impacts and concluded that any such hazards could be fully mitigated. In support of this assertion, the LAUSD cites to the introduction of the safety study, which contains a “project description” stating that “58th Street would . . . bisect the project site from east to west” and that “the project would be built on two blocks, separated by 58th Street, and linked with a pedestrian bridge.” Although these statements demonstrate that the expert acknowledged that 58th Street would remain as an active roadway traversed by a pedestrian bridge, they do not show that the expert studied or considered the safety of those design features.

ii. The Record Contains No Evidence Demonstrating That Pedestrians Will Be Forced to Use the Pedestrian Bridge When Crossing 58th Street

LAUSD next argues that, even if the FEIR failed to specifically discuss pedestrian safety impacts caused by 58th Street, the record nevertheless shows that the project includes design features that will force pedestrians to use the pedestrian bridge as the exclusive means of accessing the northern side of the campus. More specifically, LAUSD asserts that the FEIR includes information demonstrating that the northern part of the campus will be surrounded by “secured fencing, preventing students from having unauthorized access to 58th Street.” According to the LAUSD, because this fencing will force pedestrians “to cross 58th Street... by way of the bridge ... the Project is not going to generate significant safety impacts.”

The LAUSD cites two sections of the FEIR in support of its assertion that fencing will force students and staff to use the pedestrian bridge when traveling between the northern and southern parts of the campus: (1) LAUSD’s responses to Maywood’s comments regarding 58 Street and (2) a “site plan” map that contains a diagram of the proposed project. Neither section of the FEIR contains any evidence that fencing will force students to use the pedestrian bridge to cross 58th Street.

LAUSD’s responses to Maywood’s comments regarding 58th Street do not reference fencing nor do they show that the LAUSD has formulated any other restrictions or design features that will ensure staff and students use the pedestrian bridge to traverse 58th Street. The responses merely assert that, during school hours and after-school activities, students and other pedestrians “would be required to use the bridge to cross 58th Street, and would be prohibited from crossing 58th Street at street level.” These conclusory statements, which are unaccompanied by any information or facts explaining how the LAUSD intends to prohibit students and staff from crossing 58th Street at ground level, are insufficient to satisfy CEQA’s requirements. (Environmental Protection Information Center, Inc. v. Johnson (1985) 170 Cal.App.3d 604, 628 [216 Cal.Rptr. 502] [“conclusory responses . . . have been held insufficient to satisfy the requirement of a meaningful, reasoned response”]; California Oak Foundation v. Regents of University of California (2010) 188 Cal.App.4th 227, 262 [115 Cal.Rptr.3d 631] [EIR must provide sufficient information to enable “ ‘public [to] discern ... the “analytic route . . . from evidence to action” [Citation.]’ [Citation.]”]; Citizens to Preserve the Ojai v. County of Ventura (1985) 176 Cal.App.3d 421, 429 [222 Cal.Rptr. 247] (Ojai) [“ ‘ “ ‘[A] conclusory statement “unsupported by empirical or experimental data, scientific authorities, or explanatory information of any kind” not only fails to crystallize the issues [citation] but “affords no basis for a comparison of the problems involved with the proposed project and the difficulties involved in the alternatives.” [Citation.]’ ” [Citations.]’ [Citation.]”].)

The “site plan” that appears in the FEIR also contains no evidence demonstrating that fencing will prohibit students from crossing 58th Street at ground level when traveling between the southern and northern parts of the campus. The plan shows that the south side of 58th Street will include a student dropoff zone located near the entrances to the facilities on the southern side of the campus. It also shows that the northern side of 58th Street will be lined with fencing that is penetrated by gateways which provide access to the facilities on the northern part of the campus. Therefore, while it is true that the site plan indicates that there will be fencing on the northern side of 58th Street, it also shows that there are access points in the fencing that will allow pedestrians to enter the northern part of the campus at street level.

Although the LAUSD acknowledges that the fencing along 58th Street will contain entryways that provide access to the northern part of the campus, it argues for the first time in its appellate repl