Anderson First Coalition v. City of Anderson

In this action under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.; hereinafter CEQA) and planning and zoning law, plaintiffs, which comprise the Anderson First Coalition, along with two individuals, Kathy Grissom and John Wade (collectively, Anderson Coalition or the Coalition), challenge the approval by the City Council of the City of Anderson (collectively City) of a shopping center project. The project is anchored by a Wal-Mart Supercenter store (Wal-Mart Stores, Inc. (Wal-Mart or Wal-Mart Supercenter), Wal-Mart Stores, Inc. and the project’s applicant and developer, FHK Companies, Inc. (FHK), are real parties in interest here).

On appeal, Anderson Coalition claims (1) the trial court’s judgment violated CEQA by severing a CEQA-deficient gas station from the project, allowing the rest of the project to proceed; (2) the environmental impact report (EIR) inadequately evaluated urban decay, traffic, and hydrology impacts; and (3) the project is inconsistent with City’s general plan and City’s zoning code. We reverse the judgment as to the project’s fair-share mitigation fee for improvements to a freeway interchange, and specify certain…