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South Eliseo Neighborhood Alliance files suit against County of Marin
On Wednesday, March 23rd, the South Eliseo Neighborhood Alliance, a grassroots community group in Larkspur/Greenbrae, filed a Petition for Writ of Mandate challenging the County’s Notice of Exemption from the California Environmental Quality Act (CEQA) in their approval of the proposed Homekey, permanent homeless housing project at 1251 South Eliseo Drive.
Their action alleges that the February 15, 2022 decision by the Marin County Community Development Agency and the Marin County Board of Supervisors, to approve the purchase of the property located at 1251 S. Eliseo Drive to develop a homeless housing project with Episcopal Community Services (ECS), was improper without first undertaking an appropriate environmental impact assessment, as required under CEQA. It further argues that the County’s claim of statutory exemption from CEQA violated the requirements under the California Health and Safety Code Section 50675.1.4.
The Writ explains,
“CEQA requires a lead agency for a project to undertake an environmental review that complies with the requirements of the statute. The lead agency must also provide for public review and comment on the environmental review. The environmental review must provide sufficient environmental analysis such that decision-makers can intelligently consider environmental consequences when acting on proposed projects.”
As such, the Petition notes that any approval must comply with all provisions of state regulations, including but not limited to the state Health and Safety Code, section 50675.1.4. That regulation clearly states that for a project, such as the proposed Homekey project at 1251 South Eliseo Drive, to be able to claim an exemption from CEQA, among other things that project must provide,
“…housing units for individuals and families who are experiencing homelessness.” [Emphasis added]
Since the South Eliseo Drive project is clearly restricted to only housing individuals and explicitly prohibits families, the County’s claim of CEQA exemption for the proposed Homekey project at 1251 South Eliseo Drive is invalid. As such, the County was required to undertake an appropriate CEQA assessment process before their February 15, 2022 decision to approve the purchase of the property and the proposed renovation agreement with ECS.
To read the entire complaint CLICK HERE.
For further information, interested parties can learn more by visiting the South Eliseo Neighborhood Alliance website or contacting the Alliance at info@southeliseo.org