BCLC

Bakersfield Citizens for Local Control v. City of Bakersfield

Good Law
124 Cal. App. 4th 1184·22 Cal. Rptr. 3d 203
Court of Appeal of CaliforniaDecember 13, 2004F044943; F045035California12,899 words

Opinion

Opinion

Buckley, J.

INTRODUCTION

Appellant Bakersfield Citizens for Local Control (BCLC) has challenged development of two retail shopping centers in the southwestern portion of the City of Bakersfield (City), alleging violations of the California Environmental Quality Act (CEQA). The shopping centers are located 3.6 miles apart. When complete, they will have a combined total of 1.1 million square feet of retail space. Each shopping center will contain a Wal-Mart Supercenter (Supercenter) plus a mix of large anchor stores, smaller retailers, and a gas station. An environmental impact report (EIR) was prepared and certified for each project.

In these consolidated appeals we are called upon to assess the sufficiency of the EIR’s. In the published portion of this opinion, we first determine that BCLC has standing, that it exhausted its administrative remedies and that the appeals are not moot. We then explain that the EIR’s do not fulfill their informational obligations because they failed to consider the projects’ individual and cumulative potential to indirectly cause urban/suburban decay by precipitating a downward spiral of store closures and long-term vacancies in existing shopping…

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