Kleist

This is an appeal from a judgment of the superior court declaring that the City of Glendale failed to comply with the California Environmental Quality Act of 1970 in rezoning 63 acres of property from a zone requiring single family residences to a planned development zone permitting multiple unit construction. The judgment incorporates a writ of mandate directing the city to vacate its notice of determination with respect to an Environmental Impact Report (EIR) and its approval of the rezoning. The appealing city and subdivider contend: (1) a trial court finding of fact that the city council, the decision-making body of the City of Glendale, did not review and consider the information contained in the EIR prior to taking action on the subdivision is not supported by substantial evidence; and (2) in any event, the city council was empowered to delegate review and consideration of the EIR to a special board created by Glendale city ordinance. We conclude that the city and subdivider have failed to establish that the key finding of fact is not supported by substantial evidence and that the city council’s duty of review and consideration of the EIR is nondelegable.…