Chico Advocates for a Responsible Economy v. City of Chico
Annotate this CaseAt issue in appeal was a challenge under the California Environmental Quality Act (CEQA) to a project proposing to expand an existing Walmart store by approximately 64,000 square feet (the Project). Years earlier, Walmart Stores, Inc. (Walmart), had proposed a larger expansion project that would have increased the size of the store by approximately 98,000 square feet. In 2009, the City of Chico (City) declined to approve that project. In 2015, Walmart returned to the City seeking approval of the current Project. After preparing a new environmental impact report (EIR), which showed the Project would have a significant and unavoidable traffic impact, the City certified the EIR and approved the Project. The City also adopted a statement of overriding considerations, concluding that the benefits of the Project outweighed its one unavoidable environmental impact. Plaintiff Chico Advocates for a Responsible Economy (CARE) filed a petition for writ of mandate challenging the City’s environmental review and approval of the Project, but the trial court denied the petition. CARE appealed, arguing the trial court erred in denying the petition because: (1) the EIR failed to adequately evaluate the Project’s urban decay impacts; and (2) the City’s statement of overriding considerations is deficient. Finding no reversible error, the Court of Appeal affirmed.
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