Melom v. Madera, City of
Citation: 40 ELR 20090
No. No. F055024, (Cal. Ct. App., 03/24/2010)
A California appellate court affirmed a lower court decision that denied plaintiff’s petition for a writ of mandate directing a city to set aside its approval of a revised site plan for a commercial retail shopping center project. The petition claimed that the city violated the California Environmental Quality Act (CEQA) and the city’s municipal code by approving the plan without preparing a subsequent or supplemental environmental impact report (EIR). Subsequent to the certification of the EIR, the site plan for 795,000 square feet of the project’s retail space was changed so that the largest retail space grew from 138,000 square feet to 198,484 square feet. Contrary to plaintiff’s assertions, the inclusion of a “supercenter” in a project, without more, does not automatically trigger a requirement of an EIR analysis of whether the project will cause “urban decay effects.” It is the project (or the change in the project) that is the focus of the inquiry. The inquiry is not whether the project, or the change in the project, is of a certain type.