Tag: Substantial Evidence Standard

California Supreme Court Sets Standard for Air Quality Impact Analyses Under CEQA

The California Supreme Court has overturned the environmental impact report for a mixed-use development project, holding that the EIR inadequately explained the human health consequences of significant air pollutant emissions that would result from the development.  Sierra Club v. County of Fresno, Cal. Supreme Court Case No. S219783 (Dec. 24, 2018).    In so doing, the … Continue Reading

Negative Declaration Survives Challenge Based on Non-Expert Opinion About Noise Impacts

Claims of significant noise impact unsupported by expert opinion, fact, or reasonable inference did not provide grounds for challenging a negative declaration, the court of appeal held in Jensen v. City of Santa Rosa, 23 Cal. App. 5th 877 (2018). The project, called the Dream Center, would provide emergency shelter for homeless youth and transitional … Continue Reading

Court Must Defer to Local Agency Decisions if Supported by Substantial Evidence

The court of appeal reaffirmed that a court should not second guess or “micro-manage” the development decisions of municipal governments; rather, the courts are simply charged with reviewing whether there is substantial evidence in the record supporting the city’s decision. Kutzke v. City of San Diego, 11 Cal. App. 5th 1034 (2017). A developer proposed … Continue Reading

Findings supporting an agency’s administrative decision may mirror statutory language 

Findings in a city council resolution that recite language in the city’s municipal code may be sufficient to demonstrate the reasoning  supporting the council’s decision. Young v. City of Coronado, No. D070210 (4th Dist. April 4, 2017). The owners of a small dwelling in the City of Coronado applied for a permit to demolish the … Continue Reading
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