Opponents lose latest battle in Walmart war

CEQA judge will render final decision

The Tehachapi City Council unanimously approved the construction of a 165,000-square-foot Walmart Supercenter at a special meeting Jan. 27 in the Tehachapi High School cafeteria.

The matter now moves back to the courtroom of California Environmental Quality Act (CEQA) Judge Kenneth Twisselman, who, on June 22, 2013, had ordered additional environmental studies on traffic, noise and water. He will rule on the adequacy of those Environmental Impact Report (EIR) studies in a hearing yet to be scheduled.

"We're very disappointed," said Walmart opponent Henry Schaeffer, a business owner in the city and member of the organization Tehachapi First. "We didn't think the City Council looked at the facts. We will now rely on Judge Twisselman to make the right decision. We think the traffic study is abominable."

The meeting was the last in a series of marathon meetings on the matter during the past several years, one of which drew 700 members of the public, and legal challenges based on CEQA law. It is the second time the City Council has upheld Planning Commission approval of the project.

"I am proud of the staff," Tehachapi City Manager Greg Garrett said. "They did incredible work and vetted it thoroughly. We can move forward in a positive, productive way. We need to get on Twisselman's schedule."

"I think it's good, it's moving in the right direction," said project engineer and applicant Howard Hardin of Irvine, who has been working on the Tehachapi Walmart project for 10 years, since 2004, when Walmart bought the 25-acre property on the Tucker commercial corridor.

The City Council action consisted of three separate roll call votes. In the first vote, council members Ed Grimes, Kim Nixon, Mary Lou Zamudio, Mayor pro-tem Susan Wiggins and Mayor Phil Smith denied an appeal by Walmart opponents Tehachapi First of the Dec. 9, 2013, Planning Commission 3-2 approval of the project. The second vote approved the modified Environmental Impact Report. The final vote approved the Walmart architecture and site plan.

The votes came following 2-½ hours of testimony by Tehachapi Community Development Director David James, environmental consultant Curtis Zacudo, noise consultant Michael Brown, the city's legal counsel for Walmart Patrick Carrick, applicant Hardin and 49 public speakers. Thirty-one spoke in favor of the project; 18 spoke against.

Mayor Smith did not allow speakers to stray from the three EIR issues of traffic, noise and water in their three-minute presentations.

The most contentious issue was that of traffic and its impact on intersections. The plan calls for the installation of two new traffic signals (see graphic).

A school bus driver said the additional signals will help slow down traffic.

A resident of Las Colinas, the housing area adjacent to the project, made an impassioned plea on behalf of her neighborhood regarding traffic noise, among other concerns. "Nobody's considering the families that live here," she said.

A proponent said "I sympathize with the people who live beyond the parking lot [Las Colinas]. All of the stores back up to residential areas. The city approved Walmart to purchase the land – now we're fussing when they want to build. It's time to honor our commitment."