Sunnyvale West Neighborhood Ass'n v. City of Sunnyvale City Council

In this California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) 1 case, the superior court granted a peremptory writ of mandate compelling the City of Sunnyvale City Council (City Council) to set aside its October 28, 2008 approval of the proposed Mary Avenue Extension (MAE) Project and its certification of the final environmental impact report (REIR). The FEIR used projected traffic conditions in the year 2020, based on expected growth under the City of Sunnyvale’s general plan and in neighboring communities, as its “baseline” to evaluate the roadway project’s traffic and related impacts. The FEIR did not consider the project’s traffic and related impacts on the existing environment.

The City Council appeals, arguing that the EIR’s “use of 2020 conditions as a baseline offers the most accurate and informative portrayal of the environmental impact of the MAE.” Respondents Sunnyvale West Neighborhood Association and named individuals maintain that the impacts of the project must be measured against current, existing physical conditions and a comparison against “a baseline as it might exist in 2020 cannot substitute for a comparison with current,…