PETROVICH DEVELOPMENT COMPANY, LLC, et al., Plaintiffs and Respondents, v. CITY OF SACRAMENTO et al., Defendants and Appellants; ERIC JOHNSON et al., Real Parties in Interest and Respondents., 48 Cal. App. 5th 963

Summary

HOLDINGS: [1]-An applicant for a gas station conditional use permit did not receive a fair hearing in the city council's review of the planning commission's decision granting the permit and was thus entitled to relief in an administrative mandamus proceeding under Code Civ. Proc., § 1094.5, subd. (b), because a member of the council was biased; [2]-Although the member's residence near the proposed gas station and the member's statement that a gas station did not fit in the development as originally proposed were not disqualifying in themselves, absent evidence that the project would impact the member's residence more than any other in the neighborhood, there were concrete facts in the record showing an unacceptable probability of actual bias because the member took affirmative steps to assist opponents of the permit and organized the opposition at the hearing, acting as an advocate.