Melom

Appellant contends that the City of Madera (City) violated the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) and the City’s municipal code by approving a commercial retail shopping center project without preparing a subsequent or supplemental environmental impact report (EIR) for the project after the site plan for the 795,000 square feet of retail space in the project was changed so that the largest retail space grew from 138,000 square feet to 198,484 square feet. As we shall explain, we agree with the superior court that neither CEQA nor the municipal code was violated.

Appellant’s CEQA argument relies heavily on this court’s opinion in Bakersfield Citizens for Local Control v. City of Bakersfield (2004) 124 Cal.App.4th 1184 [ 22 Cal.Rptr.3d 203 ] (Bakersfield Citizens). In the published portion of our decision, we clarify that Bakersfield Citizens did not hold and should not be construed as holding that the inclusion in a project of a retail store called a “supercenter” necessarily triggers a requirement that the project’s EIR include an examination of possible urban decay effects.

FACTS

In November of 2006 the City certified an…