Friends of College of San Mateo Gardens v. San Mateo Community College District

In 2006, the San Mateo Community College District adopted a facilities master plan, proposing new construction and facilities renovations at its three campuses. The Plan for College of San Mateo included demolishing certain buildings and renovating others. Buildings slated for renovation included the Building 20 complex, which includes a lab structure, greenhouse, and garden space. The District published an initial study and mitigated negative declaration (MND), stating that, with the implementation of mitigation measures, the Plan would not have a significant effect on the environment. The District failed to obtain funding. It re-evaluated the Plan. In 2011, it issued notice, indicating that it would demolish the complex and replace it with a parking lot and would renovate other buildings. The District concluded a subsequent or supplemental environmental impact report (EIR) was not required, addressed the change through an addendum to its 2006 study and MND, and approved demolition of the Building 20 complex. The trial court found that the demolition was inconsistent with the original plan, in violation of the California Environmental Quality Act (CEQA) (Pub. Resources Code, 21000). After remand for review under CEQA’s “subsequent review” provisions, the court of appeal affirmed, holding that use of an addendum violated these provisions because there was substantial evidence to support a fair argument that the project changes might have a significant effect on the environment. View "Friends of College of San Mateo Gardens v. San Mateo Community College District" on Justia Law