Kutzke v. City of San Diego

Property owners Carolyn Kutzke and Karen Kapp applied to the City of San Diego (City) for a vesting tentative parcel map and related permits to allow them to subdivide two adjacent lots totaling 1.45 acres (property) into four lots, retain an existing residence on one lot, and build a new residence on each of the remaining lots (project). The local community planning board recommended denial of the project; however, the planning commission approved it and certified a mitigated negative declaration for it. A citizen appealed the planning commission's decision to the City council. The City council granted the appeal and reversed the planning commission's decision, finding the project's mitigated negative declaration was inadequate, particularly as to the project's potential impacts on geology, land use, and public safety; the project was inconsistent with the applicable community plan; and requested deviations from applicable development regulations were inappropriate for the project's location and would not result in a more desirable project. The owners petitioned the Court of Appeal for mandamus relief from the superior court order reversing the City’s decision. The Court of Appeal reversed the superior court, finding substantial evidence to support the City’s findings. View "Kutzke v. City of San Diego" on Justia Law