The developers of the Mace Ranch Innovation Center (MRIC) have asked the city to certify their EIR even as the project remains in limbo. Opponents have complained that this is an unprecedented action in absence of a project.
However, city staff sees this as a “limited” action – one that deals only with the certification of the Final EIR “and is not an action on or approval of the project.” As such, for them the main question before the council in determining whether to certify the Final EIR “is whether it adequately analyzes the potential environmental impacts of the project based on the project description contained in the FEIR document.”
Here too, critics such as Eileen Samitz have argued that there are “serious flaws in the EIR, particularly the false assumptions that you have to have 60 percent of the units – 850 units would have to be occupied by at least one employee. It’s ridiculous to assume that that [can] happen when it can’t be [e]nforced legally.”
Back in July, the planning commission voted 6-0 to recommend certification.
As Commissioner Cheryl Essex pointed out at the time, “I believe that this EIR does adequately disclose the potential environmental impacts of this project, and I’m certainly willing to make a motion to that effect.”
Whether the developer puts forward an actual project is a separate issue. As Commissioner Essex pointed out, “It’s hard to imagine that we would actually finally approve a project with this number 
of significant unavoidable impacts.”
The application for MRIC was originally filed September 25, 2014. The project on file, which is currently on hold, calls for a mix of industrial, commercial, and retail uses totaling 2.7 million square feet (sf) on 212 acres.
While there is a mixed-use alternative, the council on February 23, 2016, voted unanimously to direct staff to continue with the original application with no housing component as opposed to the mixed-use alternative.
Two months later, following the release of the city’s economic analysis, the applicant team notified the City that they were putting the project “on hold to re-evaluate its feasibility.”
At this time, “the project application remains on hold but active. Neither the applicant nor the City have taken steps to withdraw or otherwise close the file.”
On October 5, 2016, the applicants submitted a letter focused on their request to seek certification of the EIR. The city council agreed on February 21, 2017, to direct staff to move forward with processing the request for consideration of the EIR certification only.
Staff believes that, while the approach here is “unusual,” it is permissible under CEQA (California Environmental Quality Act). As they point out, “Certification of an EIR is required prior to approving a project, but approval of a project is not required following certification. These are two separate and distinct actions.”
Certification by the lead agency, in this case the city, certifies the following:
- The EIR has been completed in compliance with CEQA
- The EIR was presented, reviewed, and considered by the City
- The EIR reflects the City’s independent analysis and judgment
They write: “Certification requires no other findings, and can be distinguished entirely from consideration of the merits of the project. The certification indicates, among other things, that the EIR adequately analyzes the project as described in Chapter 3 of the Draft EIR Volume.”
Dan Ramos, on behalf of the applicant, explained at the planning commission meeting that the developers had engaged for over a year and a half, and, along with the city and others, “spent considerable time and effort which has resulted in a very thorough environmental impact report.
“We now respectfully request that the council take action to certify that EIR so it can formally bring that environmental review process to a close,” he said. “We recognize that the certification of the EIR does not approve Mace Ranch Innovation Center nor commit the city to any future course of action with respect to the project. To be clear, we’re not requesting that any project be approved at this time.”
He added, “We also recognize that any future approval action may require further environmental analysis.” However, he believes certification would acknowledge that the environmental review process is “adequate and complete.”
He told reporters following the meeting that they had already spent $3 million on the project.
Dan Ramos told the Vanguard following the meeting that it is their intention to bring forward a project. “We’re very much interested.” He said, “We wanted to see if we can at least get to this milestone and then sit down with the council and see what’s going to be on the horizon in 2018, what kind of project they would like, and keep working on it.”
When asked if he anticipated significant enough changes to warrant a new EIR, he responded, “Who knows?” He added, “Obviously there will be something that we have to go study.”
He stated, “We are going to take significant efforts once this gets to market to find an anchor tenant.” Finding an anchor tenant now is crucial to allow the project to move forward, he said.
Mr. Ramos said he is looking to get in touch with the university and talk to the new chancellor about his plans and how they might be able to work together.
“We have a lot of work to do,” he said.
The next step will be determined by what the council decides to do on Tuesday night.
—David M. Greenwald reporting
