Bottini
Bottini v. City of San Diego
Opinion
Lead Opinion
Aaron, J.
*290 Francis A. Bottini, Jr., Nina M. Bottini, and the Bernate Ticino Trust dated March 9, 2009, Trust 3 (the Bottinis) applied to the City of San Diego for a coastal development permit (CDP) to construct a single-family home on a vacant lot in La Jolla. City staff determined that the Bottinis' proposed construction project is categorically exempt from environmental review *267 under the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq. ), 1 but the City Council of San Diego (City Council; together with the City of San Diego, the City) reversed that determination. In reaching its decision, the City Council found that full environmental review is necessary because the Bottinis had removed a 19th century cottage from the lot on which they planned to build their residence shortly before they applied for a CDP. The City itself had previously voted against designating that cottage as a historical resource, declared that the cottage was a public nuisance, and authorized the Bottinis to demolish the cottage. Nevertheless, the City Council- after the cottage's demolition-declared the cottage "historic," concluded that the cottage's demolition must be…