Archives: December 2017

Golden State Warriors “Chase” Arena – Mission Bay, San Francisco

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Golden State Warriors “Chase” Arena – Mission Bay, San Francisco

The Golden State Warriors proposed to construct an 18,500-seat event center to host the Warriors’ NBA games, and to provide a state-of-the-art venue for concerts and other functions. The project also includes two 11-story office buildings and retail uses. The 11-acre site is located in the Mission Bay area of San Francisco, adjacent to the bay. The proposal met with unrelenting opposition from a small group of benefactors of UC San Francisco, who wanted to reserve the property for medical research. The City certified the EIR and approved the project in December 2015. The project qualified for a “fast-track” litigation schedule under Assembly Bill 900.

The trial court and First District Court of Appeal both ruled that the EIR was adequate. (Mission Bay Alliance v. Office of Community Investment and Infrastructure (2016) 6 Cal.App.5th 160.) Groundbreaking occurred in January 2017, on the same day the California Supreme Court denied a petition for review, ending the litigation. The EIR prepared by the City has won an award of excellence from the Association of Environmental Professionals, and co-counsel Gibson Dunn received a “California Lawyer of the Year” award for its work. Whit Manley of RMM served as lead CEQA counsel for the Warriors, and argued the case at both trial and on appeal.

Napa Pipe

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Napa Pipe

Napa Redevelopment Partners proposed to redevelop the “Napa Pipe” site, a shuttered industrial facility on the east bank of the Napa River, just south of the City of Napa. In 2013, the County certified an EIR and approved a mixed-use project, including a Costco, office and commercial space, and 960 residential units. Although the proposal met with considerable opposition, no lawsuit was filed, and the development agreement and other entitlements are now final. RMM attorney Whit Manley represented the partnership throughout the CEQA and entitlement processes, and continues to work with the County and the City of Napa to move the project to fruition.

Treasure Island Redevelopment – City and County of San Francisco

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Treasure Island Redevelopment – City and County of San Francisco

The City and County of San Francisco certified an EIR and approved a plan to redevelop Treasure and Yerba Buena Islands in the middle of San Francisco Bay. The plan calls for a new, mixed-use community, including 8,000 residential units; 140,000 square feet of commercial and retail space; 100,000 square feet of office space; restoration and reuse of historic buildings on Treasure Island; parks and open space; and a new ferry terminal. RMM advised Treasure Island Community Development (a partnership of Lennar Urban and Wilson Meany) during the City’s consideration of the project, and represented the developer in trial and appellate litigation challenging the adequacy of the EIR. The First District Court of Appeal upheld the EIR in a published decision. (Citizens for a Sustainable Treasure Island v. City and County of San Francisco (2014) 227 Cal.App.4th 1036.) Whit Manley served as lead CEQA attorney in the case. Development is now underway.

Village 5 Specific Plan – Lincoln

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Village 5 Specific Plan – Lincoln

The Village 5 Specific Plan will guide development on 4,785 acres along the Highway 65 bypass, adjacent to the City of Lincoln. The project includes a wide range of residential housing types, a balanced mix of commercial and business facilities, village centers, schools, fire stations, plentiful open space and parks, a modern and efficient transportation network, and other public and private uses. Tiffany Wright is the lead RMM attorney representing Richland Communities.

Village at Squaw Valley Specific Plan

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Village at Squaw Valley Specific Plan

Voted 2016 ‘Best Ski Resort’ in North America by USA Today and Best Readers’ Choice, Squaw Valley/ Alpine Meadows is an internationally renowned mountain resort in North Lake Tahoe that spans over 6,000 skiable acres. The Village at Squaw Valley Specific Plan project includes the development of resort hotel, residential and employee housing, commercial, retail, and recreational uses largely on an already paved parking lot at the base of the ski resort. Andee Leisy and Whit Manley represent Squaw Valley Real Estate LLC in ongoing litigation over the adequacy of the environmental impact report certified by Placer County and related approvals.

Friant Ranch Specific Plan (Fresno County)

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Friant Ranch Specific Plan (Fresno County)

Since 2011, Jim Moose and Tiffany Wright have represented Friant Ranch LP, proponents of the Friant Ranch Specific Plan, in three CEQA lawsuits over the EIR for that project. After vigorously defending the cases in the trial court, Mr. Moose and Ms. Wright helped their client settle two of the three cases. The third lawsuit resulted in a 2018 decision by the California Supreme Court, Sierra Club v. County of Fresno, which requires that air quality analyses in EIRs attempt to substantively connect air quality impacts to likely health consequences. Mr. Moose and Ms. Wright continue to represent Friant Ranch, LP, on remand from the Supreme Court.

Port of Los Angeles – Everport Expansion and the Marine Oil Terminal Engineering and Maintenance Program

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Port of Los Angeles – Everport Expansion and the Marine Oil Terminal Engineering and Maintenance Program

Berths 226236 [Everport] Container Terminal Improvements Project. Andee Leisy and Laura Harris assisted the Los Angeles Harbor Department’s Environmental Management Division and consultant team with preparation of an Environmental Impact Report/Environmental Impact Statement, prepared pursuant to CEQA/NEPA for the expansion and related improvements of the Everport/Evergreen terminals at the Port of Los Angeles. Ms. Leisy and Ms. Harris reviewed and commented on administrative draft sections of the EIR/EIS and assisted with responses to comments. The Board unanimously certified the EIR as adequate on October 19, 2017. Although numerous comments were received on the Draft EIR/EIS from environmental groups, no litigation was filed. RMM is also assisting the Port with numerous environmental documents as part of its Marine Oil Terminal Engineering and Maintenance (MOTEMs) improvement program. Andee Leisy and Tiffany Wright are the lead RMM attorneys for the Port.

City of Los Angeles

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City of Los Angeles

Andee Leisy and Sabrina Teller represent the City of Los Angeles as outside CEQA and land use counsel in over a dozen cases involving a wide variety of development projects, ranging from small infill residential subdivisions to schools to large downtown redevelopment projects. In 2016 and 2017, Andee Leisy assisted with successfully defending the City’s approval of the “Archer Forward: Campus Preservation and Improvement Plan” and related environmental impact report prepared for the expansion and improvement of an independent, all-girl, college preparatory and performing arts school located off Sunset Boulevard. In 2017, Sabrina Teller and Nathan George assisted with successfully defending the Martin Expo Town Center project, a mixed-use redevelopment of a prominent site one block from Metro’s new Expo/Bundy station in west Los Angeles. Over 100 of the development’s 516 apartments will be set aside as workforce-level and very-low-income housing.

Caruso Affiliated – 333 S. La Cienega

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Caruso Affiliated – 333 S. La Cienega

333 S. La Cienega is a mixed-use, environmentally-sustainable residential and transit-oriented building, located at the gateway between Los Angeles and Beverly Hills. The project will offer 145 state-of-the-art units for rent, 10% of which will be designated affordable housing, and provide a wide array of community benefits. The project is one of the first in the state to qualify for the CEQA exemption for transit priority projects created by SB 375. Whit Manley and Tiffany Wright are the lead RMM attorneys for the applicant, Caruso Affiliated.

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