Pocket Protectors v. City of Sacramento

(2004) 124 Cal.App. 4th 903

The Court of Appeal reversed the trial court and held that the City ofSacramento's mitigated negative declaration was inadequate and must prepare an EIR for a proposed residential project. Applying the fair argument standard, the court held that substantial evidence of a potential environmental impact existed so as to compel the preparation of an EIR. The Court relied on early staff criticisms of the project, the Planning Commission’s conclusions and evidence submitted by the Pocket Protector’s whose ranks included an architect. The Pocket Protectors argued that the proposed project was not consistent with the original planned unit development and that the aesthetics of the site and architectural design required preparation of an EIR. [TLG counsel of record: Tina A. Thomas.]