ELR Citation: ELR 20188
No(s). C059227 (Cal. App. 3d Dist. Aug 27, 2009)

A California appellate court affirmed the denial of a petition for review of a city's certification of an environmental impact report (EIR) and approval of a conditional use permit for the construction of a large food store. The city council approved the EIR after adding additional information to the report. A community group argued that the city council's certification of the EIR and approval of the project application must be set aside because the city council did not obtain the planning commission's review of the amended EIR before the council certified it and approved the project application. But 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.