CEQA baseline can consider historic levels of use

Manatt Phelps & Phillips LLP : lexology – excerpt

North County Advocates v. City of Carlsbad (2015)—Cal.App.4th—Case No. D066488

Why It Matters: This case addresses an important issue under CEQA relating to the development of the existing conditions baseline against which project impacts are measured. This decision holds that an EIR prepared for the renovation of a vacant department store could include the store’s historical operational information in establishing the environmental baseline for the project’s traffic impact analysis under CEQA.

Facts: In 1969 a Westfield shopping center was constructed in Carlsbad, California (City). It featured retail shops and five main anchor department store buildings, one of which was a Robinsons-May store. Under a “Precise Plan” approved by the City in 1977, Westfield was entitled to renovate the interior of the Robinsons-May store and fully occupy it without obtaining further approvals. In 2006 the Robinsons-May store became vacant, although smaller retailers such as Halloween stores occupied the space intermittently from time to time thereafter. In August 2012 the City released a draft EIR for a project to demolish and reconstruct the former Robinsons-May store, approximately six years after it had become vacant. The project would result in a net loss of 636 square feet of total gross leasable area… (more)

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