When a city council receives a voter initiative petition meeting Elections Code requirements, it must do one of three things: (1) adopt the initiative without alteration; (2) submit it to a special election; or (3) order an abbreviated report on the initiative. Upon receipt of the report, it must then either adopt the initiative or hold a special election.
Several cases have held that provisions of the California Environmental Quality Act (CEQA) do not apply to land use initiatives proposed by voters and adopted at an election. In such cases, the abbreviated report provided for in the Elections Code furnishes the exclusive means of obtaining environmental review.
The question here was whether the result should be different if a city chooses to directly adopt a voter-sponsored initiative rather than hold a special election.
The Court of Appeal distinguished between these two courses of action and held that a city may not adopt a voter initiative with potential environmental impacts unless it conducts a full CEQA analysis.
The Supreme Court of California reversed, holding that CEQA review is not required before direct adoption of an initiative.