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The Bowery Mixed -Use Project CEQA Comment May 11, 2020 Page 8 Here, the EIR's traffic analysis does precisely what the courts prohibit. The EIR relies on hypothetical permitted levels of use radterthan the real conditions on the ground when the environmental analysis began. By relying on a skewed baseline, the EIR understates the Project's traffic impact. In order to determine the amount oftraffic generated by the Project compared to the baseline levels, the EIR calculated the Project's projected traffic, and then deducted "trip credits" based on estimates of existing traffic levels. Mr. Smith explains in his comments that the "trip credits" taken for existing use of the site are excessive, overstating existing traffic, and as a result understates the Project's traffic impacts. Ricoh (Electronics, Inc., a manufacturer and distributer of thermal paper and toner, formerly occupied the entire Project site from 1985 through 2017. DEIR, 3-1. The DEIR lists the Project site's current uses as: 1) 119,121 square feet of warehouse and distribution, 2) 5,000 square feet of research and development, 3) 53,000 square foot of vacant space, and 4) 30,000 square foci in use as a temporary homeless shelter. DEIR. 3-1. The DEIR species that these "tenants began utilizing the site after cessation of the Ricoh Electronics operations" DEIR, 5.9- 13. Rather than relying on baseline traffic conditions existing at the time the Notice of Preparation ("NOP") was issued July 26, 2019, the EIR's traffic analysis relies on a baseline Drat. assumes the entire 212,121 square feet of existing building area is fully occupied and being used as at industrial park. Smith, p. 1. There is no evidence that the Project site was fully occupied andoperating, as an industrial park when the NOP was issued or when the EIR was prepared. It is unclear whether the EIR's baseline assumption is premised on the site being zoned for Light Industrial, or if it was based on the site previously being fully operated with industrial uses. Either explanation requires use of a hypothetical baseline, which violates CEQA. Table 1— Trip Rates Based on Prior Land Use* Land Use Category Use Sire (sq. ft.) DaityTrips" AM Peak"" PM Peak"* Warehouse 119,121 279 27 31 Research & Development 5,000 SIS 2 2 Homeless Shelter 30,000 negligible 0 0 Vacant Space 53,000 0 0 0 Total trips from existing uses 207,121"•* 335 29 33 FIR Baseline based on Industrial Park Use 212,121 1,37a 159 159 Percent increase when EIR baseline is compared to Existing Use baseline 395% 540% 491% ° Data based on Trip Ganerai,on, Ilya Edition is Numbers are trips in passenger car equivalents ("PCE"). 75C-24