Defend the Bay v. City of Irvine

Good Law
119 Cal. App. 4th 1261·15 Cal. Rptr. 3d 176·2004 Cal. App. LEXIS 1031·2004 Daily Journal DAR 7965·34 Envtl. L. Rep. (Envtl. Law Inst.) 20040
Court of Appeal of CaliforniaJune 29, 2004G032062California5,717 words

Opinion

Opinion

Bedsworth, J.

Defend the Bay appeals from a judgment that denied its petition for a peremptory writ of mandate to compel the City of Irvine (the City) to rescind its approval of an environmental impact report (EIR). It argues there is insufficient evidence to support conclusions regarding impacts in three areas—housing, agricultural resources, and biological resources. We disagree, and so affirm.

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At issue is the City’s plan for development of the Northern Sphere, a 7,743-acre site northeast of the former Marine Corps Air Station at El Toro. On June 4, 2002, the city council adopted a resolution certifying a final program EIR that authorized a General Plan amendment and zone change for the Northern Sphere. The instant writ petition followed.

The details of the EIR, and Defend the Bay’s challenges, will be set out in the course of our discussion. Essentially, Defend the Bay alleges the City abused its discretion by not proceeding according to law, and further complains the City’s decision is not supported by substantial evidence. The trial judge found the City had complied with the requirements of the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.),…

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