Visalia Smart Growth Coalition v. City of Visalia
This case concerns the City of Visalia’s approval of a conditional use permit for the expansion of an existing retail store into a 24-hour supercenter. An unincorporated association called Visalia Smart Growth Coalition (Coalition) petitioned the superior court for an order setting aside the city’s approval, alleging violation of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.)[1] (CEQA). The superior court granted and denied the petition in part.
The Coalition appeals the portion of the court’s decision denying part of the petition. It contends that the lead agency, the City of Visalia (city), violated the procedural requirements of CEQA by failing to disclose required information in the EIR in response to public comments. In particular, the Coalition argues that the city failed to provide information and calculations supporting the EIR’s determination that a 14-foot masonry wall would mitigate noise impacts for residents living near the store’s proposed loading docks.
We disagree and affirm the judgment.
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