OPR released a useful technical advisory yesterday (June 6). It includes a list of all the projects that are statutorily exempt from review under CEQA based code provisions that are outside of the CEQA statute itself. Check it out here: http://opr.ca.gov/docs/20180606-Tech_Advisory_CEQA_Exemptions.pdf
On behalf of the Council of Infill Builders, Monchamp Meldrum LLP submitted a request for publication of Jensen v. City of Santa Rosa (Case No. A144782) – a classic NIMBY case that opposed conversion of a defunct hospital into the ‘Dream Center’ so that Social Advocates for Youth could provide housing and supportive services for 63 youth. Requests for publication were submitted by a host of organizations and were granted by the First District Court of Appeal on May 24. The…
Holland & Knight Alums Ditch Big Law to Start New Boutique Holland & Knight land use partner Amanda Monchamp and former firm associate Joanna "Joey" Meldrum have co-founded Monchamp Meldrum in San Francisco. Click here to see more.
The Fourth District Court of Appeal’s recent case Don’t Cell Our Parks v. City of San Diego/Verizon upholds application of the Class 3 categorical exemption under CEQA Guidelines 15303 to a new wireless telecommunications pole in a city-owned park. www.courts.ca.gov/opinions/documents/D071863.PDF This case adds to existing case law that applies Class 3 to other telecommunications equipment (Aptos Residents and Robinson (antennas on poles) and San Francisco Beautiful (cabinets)). The court noted that while none of the examples included in the Guidelines…
A recently published CEQA case - Rodeo Citizens Association v. County of Contra Costa addresses issues related to project description, greenhouse gas analysis, and accident release analysis. www.courts.ca.gov/opinions/documents/A151184.PDF The First District Court of Appeal upheld an EIR's GHG analysis for an existing Phillips 66 refinery. The court found it acceptable under CEQA for the EIR to not quantify greenhouse gas emissions from downstream uses of recovered propane and butane because 1) The lead agency has discretion to design the EIR;…