California Court of Appeal

In a petition for review of a city's grant of a conditional use permit to build a store and its environmental impact report (EIR) regarding the same, the denial of the petition is affirmed where: 1) the California Environmental Quality Act guidelines and the city's municipal ordinances did not require the planning commission to review the EIR, as amended, and make a new recommendation to the city council before the city council could act; 2) plaintiff failed to exhaust its administrative remedies on its claim that the EIR included alternatives that did not reduce the environmental impacts its arguments fails on the merits that the EIR omitted a reduced store-size alternative; 3) plaintiff's claim that the city failed to proceed in a manner required by the law was without merit; and 4) the city did not fail to proceed in the manner required when it found that the impact on extraterritorial intersections was significant and unavoidable.

Appellate Information

• Decided 09/18/2009
• Published 09/18/2009

Judges

• NICHOLSON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Herum Crabtree Brown, Herum Crabtree, Steven A. Herum, Brett S. Jolley, Kerri K. Foote, Stockton, and Natalie M. Weber, for Plaintiff and Appellant., Cox, Castle & Nicholson, Andrew B. Sabey and Sarah E. Owsowitz, San Francisco, for Real Party in Interest and Appellant.


• For Appellees:
  
• Debra E. Corbett and Daniel G. Sodergren, City Counsel; Jarvis, Fay & Doporto, Rick W. Jarvis, Oakland, and Andrea J. Saltzman, for Defendant and Respondent.