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TUOLUMNE JOBS & SMALL BUSINESS ALLIANCE v. S.C.

Petitioner’s Answer Brief on the Merits

17 Cited authorities

  1. Cit. for Resp. Growth v. City

    40 Cal.4th 412 (Cal. 2007)   Cited 402 times   16 Legal Analyses
    Concluding “we determine de novo whether the agency has employed the correct procedures” in a case where appellant sought writ under both sections

  2. Laurel Heights Improvement Assn. v. Regents of University of California

    47 Cal.3d 376 (Cal. 1988)   Cited 620 times   23 Legal Analyses
    Holding that an EIR must include an analysis of the environmental effects of future expansion if it is a reasonably foreseeable consequence of the initial project and the future expansion will be significant in that it will likely change the scope or nature of the initial project or its environmental effects

  3. Committee for Green Foothills v. Santa Clara County Bd. of Supervisors

    48 Cal.4th 32 (Cal. 2010)   Cited 321 times   14 Legal Analyses
    Finding trails agreement not separate agreement but subsequent activity encompassed in original project

  4. Citizens of Goleta Valley v. Board of Supervisors

    52 Cal.3d 553 (Cal. 1990)   Cited 284 times   5 Legal Analyses
    Holding that failure to make a timely comment does not excuse the lead agency from providing substantial evidence to fulfill its duty to identify and discuss project alternatives

  5. Associated Home Builders etc., Inc. v. City of Livermore

    18 Cal.3d 582 (Cal. 1976)   Cited 256 times   3 Legal Analyses
    Holding that state law, which required any ordinance changing zoning or imposing specified land use restrictions can be enacted only after noticed hearing before the city's planning commission and legislative body, does not apply to initiative enacting same type of ordinance

  6. No Oil, Inc. v. City of Los Angeles

    13 Cal.3d 68 (Cal. 1974)   Cited 270 times   3 Legal Analyses
    Professing no “ question” of trial court's power in traditional mandamus to order interlocutory remand to agency for clarification of findings

  7. Save Tara v. City of West Hollywood

    45 Cal.4th 116 (Cal. 2008)   Cited 101 times   15 Legal Analyses
    Recognizing the "two considerations of legislative policy important to the timing of mandated EIR preparation: that CEQA not be interpreted to require an EIR before the project is well enough defined to allow for meaningful environmental evaluation; and that CEQA not be interpreted as allowing an EIR to be delayed beyond the time when it can, as a practical matter, serve its intended function of informing and guiding decision makers."

  8. Sierra Club v. State Bd. of Forestry (Pacific Lumber Co.)

    7 Cal.4th 1215 (Cal. 1994)   Cited 151 times   3 Legal Analyses
    Noting that "the [California Board of Forestry] has the ultimate power of approval over a [THP]"

  9. Friends of Sierra Madre v. City of Sierra Madre

    25 Cal.4th 165 (Cal. 2001)   Cited 65 times   5 Legal Analyses
    Imposing statutory prerequisites on voter-sponsored initiatives may be an impermissible burden on the electors' constitutional power to legislate by initiative

  10. Native Am. Sacred Site E.P.A. v. City

    120 Cal.App.4th 961 (Cal. Ct. App. 2004)   Cited 10 times   6 Legal Analyses
    In Native American, the City of San Juan Capistrano was presented with an initiative petition that qualified for adoption by the city council or placement on the ballot under section 9214.

  11. Section 10

    Cal. Const. art. II § 10   Cited 799 times   1 Legal Analyses
    Forbidding the Legislature from amending enactments made by voter initiative if the amendments are inconsistent with said initiative

  12. Section 8

    Cal. Const. art. II § 8   Cited 163 times   1 Legal Analyses
    Outlining initiative process for amending the state constitution

  13. Section 11

    Cal. Const. art. II § 11   Cited 63 times

    (a) Initiative and referendum powers may be exercised by the electors of each city or county under procedures that the Legislature shall provide. Except as provided in subdivisions (b) and (c), this section does not affect a city having a charter. (b) A city or county initiative measure shall not include or exclude any part of the city or county from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage

  14. Section 15378 - Project

    Cal. Code Regs. tit. 14 § 15378   Cited 56 times   2 Legal Analyses
    Defining "project" as "the whole of an action"

  15. Section 15090 - Certification of the Final EIR

    Cal. Code Regs. tit. 14 § 15090   Cited 10 times   1 Legal Analyses

    (a) Prior to approving a project the lead agency shall certify that: (1) The final EIR has been completed in compliance with CEQA; (2) The final EIR was presented to the decisionmaking body of the lead agency and that the decisionmaking body reviewed and considered the information contained in the final EIR prior to approving the project; and (3) The final EIR reflects the lead agency's independent judgment and analysis. (b) When an EIR is certified by a non-elected decision-making body within a

  16. Rule 2.306 - Service of papers by fax transmission

    Cal. R. 2.306   Cited 12 times

    (a) Service by fax (1)Agreement of parties required Service by fax transmission is permitted only if the parties agree and a written confirmation of that agreement is made. (2)Service on last-given fax number Any notice or other document to be served must be transmitted to a fax machine maintained by the person on whom it is served at the fax machine telephone number as last given by that person on any document that the party has filed in the case and served on the party making service. (b) Service

  17. Rule 2.301 - Definitions

    Cal. R. 2.301   Cited 5 times

    As used in this chapter, unless the context otherwise requires: (1) "Fax" is an abbreviation for "facsimile" and refers, as indicated by the context, to facsimile transmission or to a document so transmitted. (2) "Fax transmission" means the transmission of a document by a system that encodes a document into electrical signals, transmits these electrical signals over a telephone line, and reconstructs the signals to print a duplicate of the original document at the receiving end. (3) "Fax machine"