Friends of Willow Glen Trestle v. City of San Jose

Good Law
2 Cal. App. 5th 457·2016 Cal. App. LEXIS 676·205 Cal. Rptr. 3d 909
Court of Appeal of CaliforniaAugust 12, 2016H041563California6,907 words

Opinion

Opinion

Mihara, J.

—“A project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment.” (Pub. Resources Code, § 21084.1, italics added.) “If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.” (§ 21080, subd. (d).) “If a lead agency determines that a proposed project . . . would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared . . . [¶] . . . [if] [t]here is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.” (§ 21080, subd. (c).) “ ‘Substantial evidence’ . . . means enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Whether a fair argument can be made that the project may have a significant effect on the…

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