Substantial Evidence Test Applies To Decision Not To Require Additional EIR

In Latinos Unidos de Napa v. City of Napa (1st Dist., Div. 1, 10/10/13, A134959), ___ Cal.App.4th ___, 2013, the court of appeal found no abuse of discretion in the City of Napa's approval of revisions to the housing element of its general plan, and related general plan and zoning amendments, despite plaintiff's argument that an environmental impact report was required.  The court determined that substantial evidence supported the City's decision not to proceed with any additional environmental review as the plaintiff did not satisfactorily explain how the project's impacts were so different from, or more severe than, the impacts identified in an earlier EIR so as to require further review.