The First Appellate District affirmed a trial court order discharging a writ of mandate. The court held that a real estate development project’s environmental impact report did not impermissibly defer mitigation of seismic impacts in violation of the California Environmental Quality Act where it deferred final design of proposed structures to a later date while assuring that seismic impacts would be mitigated through compliance with building codes and other components of the seismic safety regulatory scheme.

Oakland Harbor Partners, LLC, and certain others (Oakland Harbor) proposed a real estate development project along the City of Oakland’s estuary. Building heights in the project would range from six to 24 stories.