10 u 2 13] 4 45 6 1 18 15] a 2 4 26 a] IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF NEVADA. PROTECT CEQA, etal, Petitioners, TOWN OF TRUCKEE, etal, Respondents and JMAR 1, LLC, Real Parties in Interest. CASE NO: TCUL-6977 FINAL RULING ON PETITION FOR WRIT OF MANDATE Introduction Petitioners Protect CEQA and Stephanie Olivier filed a petition For writ of mandate under the California Environmental Quality Act (CEQA) to set aside the Town of Tuckee's approval ofthe Soaring Ranch Project (Project) in Truckee. Respondents Town of Truckee (Town), Town Council ofthe Tov, and Real Parties in Interest J-MAR 1, LLC (Real Parties), ‘oppose the same.Extensive briefing was submitted by all partis. Following issuance of a tentative ruling on 14 Novernber 2018 and ora argument on 16 November 2018, the matter was submitted, For the easons noted herein, the petition will be denied. ia Background! ‘The Project consists of a portion of the “the Joergr Site [PC-3]” (commonly known as “Foerger Ranch”), one ofthe Town's “Planned Community” ares. (Administrative Record (AR) 10503, 10506). From as early 3s 2001 the plan for Joerger Ranch included development ‘of a Raley’s grocery store, which was initially proposed asa 63,000 square foot grocery and drug store. (AR 3247). The Town’s 2025 General Plan, which was adopted in 2006, states that er Ranch) “wil provide ... a major new grocery store... for Truckee "(AR Following the Town's adoption ofthe 2025 General Plan, the Tow prepared a draft specific plan for Joerger Ranch, It reiterated that Joerger Ranch would provide an “opportunity fora fur grocery store. and defined a grocery marke as a “Targeted Land ‘Use""(AR 3408). “Targeted land uses" are “ncentivize[d highly desirable land uses” (AR 3402), that were “identified so as tobe evaluated during the environmental review proces.” (AR 3406). ‘The Town contracted with Bay Area Economics (BAB) o prepare an economic analysis to evaluate potential economic impacts of development within the JRSP area. (AR 3401, $355), The 6 August 2010 BAE report was completed during “the Great Recession "The factual and procedural background of this case is extensive and spans approximately twenty years. The fats are largely undisputed and aze taken, in large pat, iret fom the partes’ briefs.Lvhen) expectations for recovery were uncer." (AR 1219; se alo AR 6539-6615, 2348), According 10 he report, comparison ofthe potential neve in demand for ret space in Trucke, specifically the food stores category, “showfed] an increase in demand through 2003 that could support only one fl size grocery store (approximately 50,000 square feet)" (AR 10144), The report noted that, et that ime, “a grocery store [vas] unde review a part ofthe Railyard Master Plan small scale specily grocer not to exceed 25,000 square feet) and 8 small fod store [es already ppeoved for Gray's Crossing Village (7,100 square fet)" (lt) “The report opined, among other things, tht file grocery store onthe Projet site would be “problematic” Because “this potential increas of bout 32,000 square feet of grocery space takes up a lage portion of he demand for about 50,000 square fet of grocery space in Truckee though 2023." (AR 10140), Itconeluded that, "White fs possible that a full-sized ++ ssthe success ofa grocery store at this site ‘grocery store could be successful atthe sit ‘would likely be at the expense of other Truckee grocery stores (existing or planned), given the limited overall increase in demand through 2023." (ld. see also 10144/ “ia full ized supermarket is targeted also for PC-3, there would not be adequate demand to support the ‘Town's existing supermarkets plus the new grocery space planned fr the Railyard and Gray's Crossing) ‘The IRSP continued to evolve. However, the plan continued to identify «grocery store 88a targeted land use (AR 4403) because a “[glrocery market and/or specialty food markets ‘along with complimentary ancillary uses are the intended goals” ofthe Regional Commercial (CR) zone within the plan. (AR 4371). ? Neither ofthe grocery stores anticipated in 2010 ultimately materialized, However, wo other grocery stores (an approximately 35,000 sq. f. Nugget Market anda 17,000 sq Grocery Outlet) have been proposed within the Town, (AR 1381).