SAVE CIVITA BECAUSE SUDBERRY WON'T, Plaintiff and Appellant, v. CITY OF SAN DIEGO, Defendant and Respondent., 72 Cal. App. 5th 957

Summary

HOLDINGS: [1]-A recirculated environmental impact report (EIR) for a roadway project did not violate the requirement of Cal. Code Regs., tit. 14, § 15088.5, subd. (g), to summarize revisions to the previously circulated draft EIR because the city stated in the recirculated EIR that it was replacing a prior EIR, made clear the overall nature of the changes, and stated that prior comments would not receive responses; [2]-Because the city council acted in a quasi-legislative capacity in certifying the final EIR and approving amendments to the community plan and the general plan, review could be had only in traditional mandate under Code Civ. Proc., § 1085, and Pub. Resources Code, § 21168.5, and a procedural due process claim alleging the city had violated the public's right to a fair hearing based on a council member's involvement in soliciting support for the project was not cognizable.