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Anderson First Coalition v. Anderson, City of

Citation: 35 ELR 20139
No. No. C047605, (Cal. App. 3d Dist., 06/20/2005)

The court affirmed in part and reversed in part a trial court decision denying individuals' petition for writ of mandate challenging the approval of a shopping center project. The trial court did not violate the California Environmental Quality Act (CEQA) by severing a gas station from the project, thereby allowing the rest of the project to proceed. Nor did the environmental impact report (EIR) fail to evaluate the project's potential to cause urban decay. The court also rejected, for the most part, individuals' claims that the EIR improperly set forth speculative traffic mitigation measures and improperly segments environmental review of a freeway interchange improvement project from the shopping center project. However, the trial court's denial of the individuals' petition regarding the project's fair-share cumulative traffic mitigation fee for the interchange was improper. The assumed improvements to the interchange are too speculative to be deemed an adequate mitigation measure for this cumulative impact. On remand, the trial court must specify certain requirements for this fee to be sufficient under the CEQA.