Information

June 3, 2026

OSO had its final hearing on May 29, 2026. While the Judge issued a tentative to deny OSO’s petition, this was largely premised on the Court’s view that the City only certified the Finial Environmental Impact Report (FEIR) for the Multi-Building Truck Bay Reduction Alternative (MBTRA), and not the 114-truck bay project. 

The tentative further stated “The Court agrees that a future tenant that proposes to use the Project as a fulfillment center and/or cold storage likely would change the scope or nature of the initial project (the MBTRA) and its environmental effects.” Meaning, the Court does not believe the developer can build the initial project or a fulfillment center by using the EIR without subsequent environmental review.

At the hearing, OSO’s counsel pointed out internal emails from the developer demonstrating its plan to have it both ways by pitching the MBTRA for approval, but then at the same time, having the EIR certified for the original proposal with 114 truck bays so that the project could be expanded in the future. The tentative did not address the internal communication from the City Staff noting “The applicant obviously wants the EIR to analyze the maximum intensity of the project to avoid a need to revise the EIR in the event a future tenant needed 114 truck bays.” OSO’s counsel printed these emails for the Court to review during the hearing. 

Our attorneys did a fantastic job bringing this evidence front and center to the hearing, along with quotes from several Planning Commissioners who told the developer that they could always come back and get the full 114 if a future tenant needed them. The judge’s final comment was that she did not believe the EIR that was certified would allow that. 

The judge decided to consider OSO’s arguments and took the matter under submission.

The final ruling will be mailed when ready so it may be a few days (or more) before we know the outcome. Stay tuned…