August 7, 2009

CEQA Decision and Development Agreements

In the 8/2/09 edition of the LA Times, I ran across an article by Martha Graves entitled, "Judge hinders proposed Wal-Mart supercenter in Rialto."

Well this is timely.

In pertinent part (based on the article, I haven't seen the decision), the developer (Walmart) entered into a Development Agreement with the City of Rialto. A lawsuit was brought (Rialto Citizens for Responsible Growth v. City of Rialto) and Judge Donald R. Alvarez decided that Rialto's approval of the Project violated the California Environmental Quality Act and other land-use laws.

One of the violations identified was that the approved Development Agreement was inconsistent with the City's current general plan and a specific plan.

Huh. That's interesting.