Archives: April 2016

Rocklin Crossings Project

Rocklin Crossings Project

RMM represented retail developer Donahue Schriber during the environmental review process for, and litigation over, the Rocklin Crossings Retail project, located on Interstate 80 and Sierra College Boulevard in the City of Rocklin. Encompassing 55 acres, the project includes a Walmart as an anchor tenant and a Bass Pro Shop as another major tenant. The litigation over the project involved issues focused on urban decay, traffic impacts, air quality, and greenhouse gas emissions.

City of Santa Cruz

City of Santa Cruz

RMM has provided advice on CEQA and land use issues to the City of Santa Cruz since 1998. During that time period, RMM has assisted City staff and consultants with the preparation of environmental documents for major projects such as the City’s Beach and Laurel Area Plan, the City’s General Plan, and a proposed desalination plant that could be built and operated in tandem with the Soquel Creek Water District.

Sierra Vista Specific Plan

Sierra Vista Specific Plan

RMM worked as outside counsel to the landowner group that obtained approval of the Sierra Vista Specific Plan (SVSP) from the City of Roseville in 2010.  The SVSP covers a 1,624-acre area and authorizes the development of a mix of land uses, including 6,650 residential units, approximately 215 acres of commercial and office uses, approximately 60 acres of public/quasi-public, 267 acres of open space uses, 14 acres of paseos, and 90 acres of parks.

Elk Grove Unified School District

Elk Grove Unified School District

In the several years leading up to the Great Recession of 2008, the Elk Grove Unified School District was the second-fastest growing school district in California, and had to build several high schools, middle schools, and elementary schools to keep up with population growth in its service area. During that time period, RMM actively assisted the District with various environmental documents, including EIRs for joint high school/middle school complexes and mitigated negative declarations for elementary schools. In doing this work, RMM had to apply not only general CEQA principles, but also provisions of CEQA and the Education Code specific to school siting issues.

State of California EIR on Well Stimulation Treatment (including Hydraulic Fracturing)

State of California EIR on Well Stimulation Treatment (including Hydraulic Fracturing)

In 2013, the passage of Senate Bill 4 (Pavley) required the Department of Conservation (DOC) and its Division of Oil, Gas & Geothermal Resources (DOGGR) to prepare an EIR on the subject of “well stimulation” in California. “Well stimulation” includes, among other activities, “hydraulic fracturing,” commonly known as “fracking.” The Office of the Governor of California retained RMM to provide advice to the DOC and DOGGR in connection with the statutorily-mandated EIR. As required by statute, DOGGR certified this EIR on July 1, 2015, and Jim Moose continued thereafter to work with the state on issues related to the implementation of Senate Bill 4.

Court Upholds EIR for LAX Master Plan

On April 8, 2016, Ventura County Superior Court Judge Glen Reiser ruled that the City of Los Angeles complied with CEQA when it certified an EIR and approved a plan mapping out a strategy for upgrading the Los Angeles Airport.  Two lawsuits were filed challenging the City’s decision:  one was filed by the “Alliance for a Regional Solution to Airport Congestion,” and another was filed by the cities of Inglewood and Culver City.  The petitioners sought to blow up the plan in hopes of thwarting upgrades at LAX, and forcing air traffic to other airports in the region.  Following a three-day trial in January 2016, Judge Reiser issued a 118-page ruling rejecting all of the petitioners’ claims.  Whit Manley, together with a team of lawyers led by Margaret Sohagi of the Sohagi Law Group, represent the City of Los Angeles in the litigation.

 

Whit Manley Part of Award-Winning Team for Inglewood NFL Stadium

A team of lawyers led by Amy Forbes at Gibson Dunn and Crutcher in Los Angeles were named recipients of “California Lawyer of the Year” for real estate in the March 2016 edition of California Lawyer Magazine.  The award recognized the approval of an NFL stadium in Inglewood on a 60-acre site near the Forum and Hollywood Park Racetrack.  The project also includes a 6,000 seat performance venue and more than 4 million square feet of hotel, office, retail and residential space.  The City Council approved the project just two months after its announcement.  The project was able to achieve such rapid approval by means of the initiative process, which enabled the City Council to approve the project after the voters presented the proposal to the City, based on the California Supreme Court’s decision in Tuolumne Jobs & Small Business Alliance v. Superior Court (2014) 59 Cal.4th 1029.  Whit Manley participated in the effort as CEQA counsel.  California Lawyer’s article on the award is at http://www.callawyer.com/2016/03/real-estate-development/.