Cal. Native Plant Soc. v. City of Santa Cruz

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Filed 10/14/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT CALIFORNIA NATIVE PLANT SOCIETY et al., H032502 (Santa Cruz County Super. Ct. No. CV154966) Plaintiffs and Appellants, ORDER MODIFYING OPINION AND DENYING REHEARING v. CITY OF SANTA CRUZ et al., NO CHANGE IN THE JUDGMENT Defendants and Respondents. On the court s own motion, the opinion filed on August 20, 2009, and ordered published September 18, 2009, is ordered modified. The paragraph that begins at the bottom of page 43 is modified to read as follows: At this final stage of project approval, the agency considers whether [s]pecific economic, legal, social, technological, or other considerations . . . make infeasible the mitigation measures or alternatives identified in the environmental impact report. (§ 21081, subd. (a)(3).) Broader considerations of policy thus come into play when the decision-making body is considering actual feasibility than when the EIR preparer is assessing potential feasibility of the alternatives. There is no change in the judgment. 1 Petition for rehearing is denied. Date: __________________________ McAdams, J. _______________________ Mihara, Acting P.J. __________________________ Duffy, J. 2

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