2902 HEWITT AVE 2016-01-01 MF Import

record m�9e at the aciministrative levei . If the record � is sketchy and incomplete , review will be difficult. ,,,: It may be necessary, at considerable cost to the litigants, and loss of time to both litigants and court, to remand the , �. case to the� board for further action, or to receive evidence on the judicial level to omplement the record. If the i record is ^�nolete and articulate, the court cna decide the �`ti issues wit,� disoatch. Accordingly, judicial rules have been developed which require that the board of adjustment construct a record which meeC.s at least the minimim needs of judicial review. j._ r'. OnF requirement which is imposed, at least in part, to ^+ facilitate judicial review of board of adjustment decisions, is that the record show the basis foz the board's decision. ;, This usually is e�xpressed in terms of a requirement �hat a board of adjustment articulate the findings upon which its decision is based. Given express findings, the court can determine whether the findings are supported by substantial evidence, and whether the findings warrant the decision of the board. If no findings are made, and if the court ' elects not to remand, its clumsy alternative is to read the record, speculate upon the portions which probably were believed by the board, guess at the conclvsions drawn from credited p�rtions, con:;truct a basis for decision, and try to determine whether a decision thus arrived at should be sustained. In the process, the court is required to do mucri that is assigned to the board, and the latter becomes a relatively inefficient instrument fer the construction o£ a record:" American Law of 2oning, sLpra, §20. 41. Absent adeqi�ate findings, a reviewing court would be forced i into unguided and resource-consuming explorations; it would have to � grope through the record to determine whether some combination of credible evidentiary items which supported some line of factual and legal conclusions supported the untimate order of the agency. Toianga Asso. for Scenic Comm�nity v. County of I,os Angeles, 11 Cal 3d 5�6 , 113 Cal Rptr 83G, 522 P.2d 12 (1979) . In general, then, a board of adjustment must make findings that disclose the basis for its decision. Upon failure to do so, the reviewing court rnay remand 4:he case to the board for further proceedings. American Lacv Zoning, supra, §20. 91 , at 542-43. -19- .