Save Our Gateway v. Town of Paradise
The California Environmental Quality Act (CEQA; Pub. Resources Code, S 21000 et seq.) requires an environmental impact report (EIR) to accurately describe the scope of the project to be approved. Here, after completion of the draft EIR (DEIR), appellant and real party in interest FHK Paradise (FHK) discovered its planned development, the Skyway Plaza Shopping Center (Skyway), lacked sufficient capacity to handle projected wastewater demands. The subsequent final EIR contained water disposal mitigation measures. Defendants and respondents Town of Paradise and Paradise Town Council (Town) certified the EIR.
Court find the EIR failed to adequately consider the necessity for additional wastewater disposal in violation of CEQA. However, in contrast with the trial court's analysis, court find substantial evidence supports the Town's determination that Skyway will not result in significant urban blight. Therefore, court affirm the trial court's finding as to wastewater, but reverse its findings on urban decay. As to Save Our Gateway's cross appeal, court find Skyway is consistent with the Town's general plan and affirm the trial court on this issue.
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