Union of Medical Marijuana Patients v. City of San Diego

Summary

The court held that CEQA does not automatically classify every zoning ordinance amendment or other activity listed in section 21080 as a project; the activity must also satisfy section 21065's requirement of potential for a direct or reasonably foreseeable indirect physical change in the environment. Applying the governing project test, the court concluded that San Diego's ordinance authorizing and regulating a new class of medical marijuana dispensaries was capable of causing foreseeable indirect physical changes, including new retail construction and changed traffic patterns. The court therefore reversed and remanded for further proceedings.