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Court Rejects CEQA and Subdivision Map Act Challenges to Shopping Center in Redlands


In an unpublished opinion in Redlands Good Neighbor Coalition v. City of Redlands, 2015 Cal. App. Unpub. LEXIS 2210, the Fourth District Court of Appeal affirmed the trial court’s decision and denied petitioner’s challenges under the Subdivision Map Act and the California Environmental Quality Act (CEQA) to the City of Redlands’ (City) approval of a tentative parcel map (TPM 19060) and environmental impact report (EIR) for a Walmart Supercenter and 275,500-square-foot shopping center.

The project site, located on approximately 33 acres of fallowed agriculture land, is designated as commercial in the City’s General Plan, but is also within the East Valley Corridor Specific Plan (EVCSP) area. The EVCSP modifies the General Plan policies to facilitate a “high-quality business park environment” that would be a catalyst for development and jobs in the area. Following a unanimous recommendation by the planning commission, the City adopted resolutions certifying the EIR and approving TPM 19060.

After rejecting the City’s procedural argument that petitioner failed to exhaust its administrative remedies, the court moved to the merits of the Subdivision Map Act claim and held TPM 19060 was sufficiently consistent with the City’s General Plan. The court emphasized that judicial review is highly deferential to the local agency and the project did not have to be in perfect conformity with the general plan. Although the City could have incorporated more “Redlands-themed or historical design elements into the project,” the project was not incompatible with the design and historical preservation policies of the general plan.

Similarly, the court rejected petitioner’s contention that the City’s finding of unavoidable impacts on air quality in the EIR required the City to deny the application for TPM 19060. Under section 66474(e) of the Subdivision Map Act, a finding that a subdivision is likely to cause substantial environmental damage requires a lead agency to deny the tentative map application; however, an exception exists when the lead agency adopts a statement of overriding considerations. The court reasoned that even though the resolution approving TPM 19060 improperly stated TPM 19060 was not likely to cause substantial environmental damage, the City adopted a statement of overriding consideration so the error was not prejudicial.

As to the CEQA claims, petitioner first argued the EIR was deficient because it inadequately analyzed the project’s impacts on aesthetics––specifically, the impact of the contemporary design on the “community character” of Redlands and views of the San Bernardino Mountains. However, the court rejected the arguments because petitioner improperly applied a fair argument standard to the City’s findings. Although the court acknowledged there was evidence to support petitioner’s arguments, this did not mean the EIR inadequately addressed the potential impacts. Because the City’s determination of a significant impact is a factual determination, the substantial evidence standard applies and the court held substantial evidence supported the City’s findings on aesthetic impacts.  Petitioner also claimed the EIR inadequately addressed the inconsistencies between the project and the City’s General Plan.  The court disagreed with this argument as well, finding the EIR adequately discussed the applicable regulatory framework, and that the City’s consistency conclusions were supported by substantial evidence.



dateApril 14th, 2015byby


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