W. W. Dean & Associates v. City of South San Francisco

*1371 Opinion

In issue is whether the adoption by the City Council of the City of South San Francisco (City) of an amendment to a development plan formulated pursuant to the Endangered Species Act ( 16 U.S.C. § 1531 et seq.) (Act) constitutes an administrative act not subject to referendum. The lower court answered in the affirmative and issued a writ of mandate prohibiting a referendum election. We affirm.

I

Standard of Review on Appeal

We follow the usual standard of appellate review. Our review is limited to a determination of whether there was substantial evidence to support the judgment of the trial court issuing the writ of mandate. (Appelgate v. Dumke (1972) 25 Cal.App.3d 304, 314 [ 101 Cal.Rptr. 645 ]; Sunseri v. Board of Medical Examiners (1964) 224 Cal.App.2d 309, 313 [ 36 Cal.Rptr. 553 ].) The facts are viewed in the light most favorable to the findings of the trial court. (Appelgate, supra, at pp. 307, 315 .)

II

Background on Development of San Bruno Mountain

San Bruno Mountain (Mountain) contains approximately 3,600 acres of land. In 1980, respondent Visitación Associates, in response to intense opposition to development, donated and sold approximately 2,000…

I respectfully dissent from the majority’s conclusion that resolution No. 156-85 was an administrative act not subject to referendum. The majority opinion adequately sets out the law regarding what constitutes a legislative act and is therefore subject to the referendum, and what constitutes an administrative act and is therefore not subject to the referendum. However, I disagree with the application of the law in the area to the facts of this case. I also feel that the majority has stated the facts in such a manner as to enhance its position.

The majority agrees that the HCP Agreement which was enacted to implement the HCP was a legislative act. On December 2,1982, the city approved the Terrabay Specific Plan. On February 2,1983, the city adopted the zoning ordinance for the Terrabay Project. Although the majority does not state whether these later two actions by the city were legislative or administrative, both parties to this appeal assume that they are legislative.

The Terrabay Specific Plan, which was Dean’s specific plan for the development of the south slope area of San Bruno Mountain, provides for the construction of 745 residential units and certain commercial…

Ann Broadwell, Thomas R. Adams and Adams, Broadwell & Russell for Intervener and Appellant.

William W. Sterling, Peter H. Goldsmith, Heller, Ehrman, White & McAuliffe, Howard N. Ellman, John D. Hoffman and Ellman, Burke & Cassidy for Plaintiffs and Respondents.

No appearance for Defendants and Respondents.

OPINION

SCOTT, J.

In issue is whether the adoption by the City Council of the City of South San Francisco (City) of an amendment to a development plan formulated pursuant to the Endangered Species Act ( 16 U.S.C. § 1531 et seq.) (Act) constitutes an administrative act not subject to referendum. The lower court answered in the affirmative and issued a writ of mandate prohibiting a referendum election. We affirm.

(1) We follow the usual standard of appellate review. Our review is limited to a determination of whether there was substantial evidence to support the judgment of the trial court issuing the writ of mandate. ( Appelgate v. Dumke (1972) 25 Cal. App.3d 304, 314 [ 101 Cal. Rptr. 645 ]; Sunseri v. Board of Medical Examiners (1964) 224 Cal. App.2d 309, 313 [ 36 Cal. Rptr. 553 ].) The facts are viewed in the light most favorable to the findings of the trial court. (…