California Court of Appeal

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Citizens for the Restoration of L Street v. City of Fresno, F066498

In this California Environmental Quality Act (CEQA) proceeding challenging defendant-city's approval of a townhouse project and decision to issue demolition permits for two houses of alleged historical value, the trial court's determination that defendant violated certain CEQA procedural requirements but applied correct legal standards in finding that the houses were not "historical resources" is affirmed, where: 1) CEQA allows a local lead agency to delegate the authority to approve a mitigated negative declaration and a project to a non elected decision making body such as the Preservation Commission here; 2) the Preservation Commission was not authorized by the Fresno Municipal Code to complete the environmental review required by CEQA or to approve the mitigated negative declaration; and 3) the trial court did not err when it applied the substantial evidence test to the defendant's determination that no historical resources were impacted by the project.

Appellate Information

  • Decided 08/29/2014
  • Published 08/29/2014

Judges

  • Franson

Court

  • California Court of Appeal

Counsel