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California Court of Appeal


Kutzke v. City of San Diego, 070288

In a dispute arising out of the approval process for a real estate development project, the trial court's reversal of the City Council's reversal of the planning commission's approval of the project is reversed where there is substantial evidence to support the City's findings that: 1) the project's mitigated negative declaration was inadequate, particularly as to the project's potential impacts on geology, land use, and public safety; 2) the project was inconsistent with the applicable community plan; and 3) requested deviations from applicable development regulations were inappropriate for the project's location and would not result in a more desirable project.

Appellate Information

  • Published 2017/05/23

Judges

  • McCONNELL

Court

  • California Court of Appeal

Counsel

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