In a petition for review of a city's grant of a conditional use permit to build a store and its environmental impact report (EIR) regarding the same, the denial of the petition is affirmed, where the California Environmental Quality Act guidelines and the city's municipal ordinances did not require the planning commission to review the EIR, as amended, and make a new recommendation to the city council before the city council could act.
Filed August 27, 2009
Opinion by Judge Nicholson
Steven A. Herum, Herum Crabtree Brown, Stockton, CA
Andrea J. Saltzman, Jarvis, Fay & Doporto, Oakland, CA