American Canyon Community United for Responsible Growth v. City of American Canyon

The City of American Canyon (City) adopted a mitigated negative declaration for a multiuse development project that was to be constructed in two phases. After the negative declaration and the project approval became final, the developer changed the size and type of retail development proposed for phase two of the project, replacing a shopping center with a 24-hour supercenter that combined a big-box discount store and a full grocery store. The City approved the supercenter proposal without requiring supplemental environmental review under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) or a major modification approval or conditional use permit under its zoning ordinance.

We conclude that the City prejudicially violated CEQA. First, the City unreasonably minimized the size increase in the phase two retail component. That error fatally undermined the validity of the City’s updated traffic analysis. The City’s determination that the project changes would not substantially increase the project’s impact on traffic is not supported by substantial evidence. Second, the City failed to proceed as required by law when it refused to consider…