Bowman

Bowman v. City of Petaluma

Good Law
185 Cal. App. 3d 1065·1986 Cal. App. LEXIS 2061·230 Cal. Rptr. 413
Court of Appeal of CaliforniaSeptember 24, 1986A031120California7,691 words

Opinion

Opinion

Channell, J.

This is an appeal from a judgment in mandamus requiring the City of Petaluma (City) to set aside certain enactments approving a subdivision development. We hold that (1) the trial court erred by extending review of the City’s actions beyond the question whether they were supported by substantial evidence; and (2) analyzed by this standard, the City’s actions did not violate the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.).

I.

Since 1980 appellant Daon Corporation (Daon) has owned approximately 151 contiguous acres of unimproved property on the southwestern outskirts of Petaluma. Attempts to develop the property have been underway since at least 1977, when a previous owner received an initial allotmént from the City to construct single family homes. The project was then known as “La Cumbre.”

In 1978 a draft environmental impact report (EIR) was prepared and circulated in accordance with CEQA. The review period ended on October 15, 1978. In July 1979, after a hearing, the city council certified the EIR as complete and amended its general plan and environmental design plan to accommodate the proposal.

By 1983 the proposed project,…

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