OCEAN STREET EXTENSION NEIGHBORHOOD ASSOCIATION, Plaintiff and Appellant, v. CITY OF SANTA CRUZ et al., Defendants and Appellants; RICHARD MOE et al., Real Parties in Interest and Appellants., 73 Cal. App. 5th 985

Summary

HOLDINGS: [1]-A city did not violate the California Environmental Quality Act, Pub. Resources Code, § 21000 et seq., when it certified an environmental impact report (EIR) for a housing project and adopted one of the report's alternatives because incorporating information from the initial study into the EIR was permissible for biological impacts that were determined not to be significant as mitigated, the mitigation measures were sufficiently detailed and certain, the project objectives were reasonable and not in conflict, and cumulative impacts as to water and traffic were adequately discussed; [2]-The city could grant a planned development permit without requiring compliance with slope modification regulations because judicial deference was appropriate as to the city's interpretation of its own code, which reasonably reflected legislative intent to allow creative and innovative design.