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SU0008325
Environmental Health - Public
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SU0008325
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Last modified
5/7/2020 11:33:27 AM
Creation date
9/9/2019 10:36:40 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2600 - Land Use Program
RECORD_ID
SU0008325
PE
2626
FACILITY_NAME
PA-1000131
STREET_NUMBER
15300
Direction
N
STREET_NAME
THORNTON
STREET_TYPE
RD
City
LODI
Zip
95240
APN
02519016 18 19
ENTERED_DATE
6/28/2010 12:00:00 AM
SITE_LOCATION
15300 N THORNTON RD
RECEIVED_DATE
6/24/2010 12:00:00 AM
P_LOCATION
99
P_DISTRICT
004
QC Status
Approved
Scanner
SJGOV\rtan
Supplemental fields
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\MIGRATIONS\T\THORNTON\15300\PA-1000131\SU0008325\APPL.PDF \MIGRATIONS\T\THORNTON\15300\PA-1000131\SU0008325\CDD OK.PDF \MIGRATIONS\T\THORNTON\15300\PA-1000131\SU0008325\EH COND.PDF \MIGRATIONS\T\THORNTON\15300\PA-1000131\SU0008325\BOS APPEAL.PDF
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Board of Supervisors <br /> January 28, 2013 <br /> Page 8 <br /> impact report." Under this authority, an alterative that "is impractical or <br /> undesirable from a policy standpoint"may be rejected as infeasible. Additionally, <br /> an altemative "may be found infeasible on the ground it is inconsistent with the <br /> project objectives as long as the finding is supported by substantial evidence in <br /> the record." <br /> Appellants nevertheless attack the infeasibility determination in this case, <br /> asserting that the City "rejected the alternatives simply because they did not like <br /> them, not because they were truly infeasible."As we see it, however, appellants' <br /> assertion represents nothing more than a "policy disagreement with the City." In <br /> making its infeasibility findings, the City determined "how the numerous <br /> competing and necessarily conflicting interests should be resolved." At bottom, <br /> appellants' disagreement is "with the nature of the balance struck between those <br /> interests." This is not a case involving straightforward questions of legal or <br /> economic infeasibility. Arguably, such cases may present brighter lines for <br /> judicial review. Whether or not that is so, this much is clear: it is wholly improper <br /> for us to "arrogate to ourselves a policy decision which is properly the mandate of <br /> the City." In this case, the City's determination was consistent with permissible <br /> statutory factors. And it was justified under relevant case law, including Del Mar, <br /> supra, 133 Ca1.App.3d.401. <br /> (177 Cal.App.4th at pp. 1001-1002.) <br /> Importantly, a decision-making body's findings on the feasibility of the alternatives may <br /> be supported by any "substantial evidence in the record." (Pub. Resources Code, § 21081.5; <br /> CEQA Guidelines, § 15091, subd. (b); see also Sequoyah Hills Homeowners Association v. City <br /> of Oakland (1993) 23 Cal.App.4th 704, 715 (in assessing the feasibility of alternatives in <br /> findings, "the agency may receive such information in whatever form it desires"); CEQA <br /> Guidelines, § 15131, subd. (c).) Thus, the courts have consistently upheld agency decisions to <br /> rely on substantial information submitted by project applicants in rejecting project alternatives <br /> set forth in EMs. (See, e.g., San Franciscans Upholding the Downtown Plan v. City and County <br /> of San Francisco (2002) 102 Cal.App.4th 656, 690-693; Association of Irritated Residents v. <br /> County of Madera (2003) 107 Cal.App.4th 1383, 1400-1401; and Sierra Club, supra, 121 <br /> Cal.AppAth at pp. 1507-1508.) <br /> In short, the kind of substantial evidence discussed below provides legitimate grounds <br /> upon which the Board may reject as infeasible Alternatives 1, 2, 3, and 4. We will now address <br /> that evidence in detail for each alterative. <br /> A. Expert Opinions of Tim Youmans and Am Lapin of Economic& Planning Systems <br /> Inc. <br />
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