Michael Graf files reply to the County's Opposition Brief

Last Friday, January 16th,  the MCA Attorney Michael Graf filed the attached Reply Brief , clearly asserting the reasons why the Court should issue a writ of mandate to set aside the county SEIR for 49 designated sites totaling over 2,500 new units in various Marin communities.  The County’s SEIR will affect Marin's land use, character and the environment long into the future-- and it should be set aside since it is flawed and non-compliant with CEQA; Excerpts:
 
This is a substantial expansion from the level and location of dense housing analyzed in
the CWP EIR, which instead assumed 658 units of HOD housing in a smaller range of locations.
Only six of the 49 housing locations reviewed in the SEIR were even part of the CWP HOD sites
reviewed in the CWP EIR.
 
 Importantly, the certification of the SEIR for the County’s approval of the 49 sites considered
as part of the Housing Element inventory remains valid and in effect, regardless of whether or not a particular parcel remains as a current part of the inventory. In future years, as Housing Element
inventories change over time, the SEIR’s continued existence represents a future CEQA pass whether that parcel is plugged back into the inventory or not.--page 11
 
The County’s arguments ignore how the Housing Element may cause environmental impacts--page 14
 
The record shows that the County went out of its way in this case to identify ….many more units that were actually necessary for the County to meet its housing requirements. In doing so, the County produced a flawed EIR…. Because the SEIR does not meet CEQA standards, it should be set aside.
page 2
 
 
The case will now proceed to Court on February 13th 2015