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 On appeal before the California Supreme Court the first time, the court remanded the case back to the Court of Appeal for the court to reconsider the case in light of Friends of the Eel River v. [read post]
5 Jan 2011, 10:19 am by Abbott & Kindermann
Public Right Exception Allows Plastic Bag Producers to Challenge Negative Declaration for Environmental Ordinance. [read post]
Petitioners raised several arguments: (1) unusual circumstances and the incorporation of “mitigation” undermined use of the exemptions; (2) a flawed project description; (3) a lack of evidence to support approval of the CUP; and (4) the CUP approval was in conflict with the City’s zoning code and general plan. [read post]
The court then turned to petitioner’s argument that three provisions that did apply conferred additional discretion, namely provisions requiring: (1) a 50-foot setback from wetlands, “unless a wetlands biologist recommends a different setback”; (2) stormwater to be diverted “to the nearest practicable disposal location”; and (3) incorporation “of natural drainage features…whenever possible. [read post]
The court then turned to petitioner’s argument that three provisions that did apply conferred additional discretion, namely provisions requiring: (1) a 50-foot setback from wetlands, “unless a wetlands biologist recommends a different setback”; (2) stormwater to be diverted “to the nearest practicable disposal location”; and (3) incorporation “of natural drainage features…whenever possible. [read post]