March 12
Monthly Luncheon
April 9
Associates Night Trade Show  
April 23
Roof Walk
April 27, 28, 29 & 30
High Performance Principles Class  
June 4
Golf Tournament  

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  APRIL 2015

President's Message

WELCOME TO OUR NEW NAME! With this issue the newsletter name changes from The Byline to CORRIDORS. The Board decided now is a great time to change the name of our newsletter to reflect our new goals on the path to 2020!

SLRP, what does this mean? (I think of slurpies mostly.) SLRP is "Strategic Long Range Plan".  It's that time again for BOMA Silicon Valley's Board of Directors to review our previous 4 year plan, take inventory of what we were able to accomplish, what we need to keep moving forward, and almost as important, what are our new goals/ objectives to 2020.

A major part of our review is taking a hard look at our membership and volunteers, which is all of us.   We will look at the Board and all the committees that strive to bring meaningful content to everything we do, whether it be a lunch program, our very important educational workshops and designation classes or our large annual events such as the golf tournament, Share Your Holiday and Associates Night.

Are you as a member getting what you want and need out of BOMA SV? How can we raise the bar? Is it designation classes or educational program content that you may want and we've not as yet provided (like managing industrial or mixed use, for example)?

We want to hear from you, your ideas & opinions, in a wonderfully positive format if you please!  While your comments are welcome at any time, the Board has a brainstorming session on 4/24.   So your ideas sent before that date would be most helpful! Email me with your comments and ideas: anna.rose@transwestern.com.

I'm excited! As we turn the reins over to new incoming presidents in the years to come they'll be working from a well thought through plan that will be reviewed on a quarterly basis to make sure the path the organization is on is on target.


April: CRE Going Green

BOMA Silicon Valley Committees have again embraced April as a month to focus on "green" programs and events.

http://www.boma-sv.org/images/lunch-apr-bldg.jpg Green Building Tour
April 16, 2015

488 Almaden was the 2014 BOMA Silicon Valley Earth Award Winner.  Attendees will have the opportunity to see and learn about all the buildings sustainability features, from bee hives on the roof to composting and lighting initiatives. Space is limited!
Register here.
Demystifying the Data Luncheon
Going Green Mini-Trade Show

April 16, 2015

A panel of property management colleagues will describe how you can use your metering data to your advantage!
  Register here.
http://www.boma-sv.org/images/roofwalk-ad2015.jpg Roof Walk
April 23, 2015

This informative seminar, now in its 27th year, gives attendees new tools and strategies to make educated decisions on their air conditioning and roofing problems.
Register here.
http://www.boma-sv.org/images/logos/BOMI-HP-Badge-Pantone-Web.jpg High-Performance Sustainable Building Principles
April 27-30, 2015

Dave Pogue, CBRE Global Director of Corporate Responsibility, will present this first of three courses in the new High-Performance Sustainability certificate program being offered by BOMI International.  With sustainability such a key focus within the industry, having this certification offers the property management professional a recognized and valued performance credential.
  Register here.


BOMA Goes Hollywood

BOMA has two exciting events coming up this June that feature a "Hollywood" theme:

Sherie Dunn Memorial
June 4, 2015

The Golf Committee, chaired by BOMA VP Rebecca Barnes of LBA Realty, has put together another fantastic day of golf and fun. Join us as we turn Cinnabar Hills Golf Club into the Hollywood Hills!  Sign up here!

BOMA International Conference
Los Angeles, CA
June 28-30, 2015

This year's Every Building Conference & Expo is taking place here on the West Coast…an ideal opportunity to participate in this impressive display of innovation, creativity and best practices.  Join us for workshops, keynote speakers like Jay Leno, and a party at Los Angeles Center Studios.  Find out more here!

BOMA Members Discount on ReisReports

For more than 30 years, Reis has been the nation's most trusted provider of commercial real estate market data, research and analytics covering 275 metros and more than 6,800 market segments across the office, industrial, retail, self-storage and apartment sectors. BOMA International has teamed up with Reis to offer BOMA members access to this expert data at a bargain price with a deep discount on an annual subscription to ReisReports.

Through our exclusive partnership with Reis, BOMA International members receive 35 percent off annual subscriptions to ReisReports, which are regularly priced at $125 per month. The savings received and the industry knowledge gained from this discount more than repays the cost of a BOMA membership.

To learn more, log into the BOMA International website and visit the Member Benefit Programs page. (NOTE:  Only BOMA SV primary Principals have a BOMA International login.)

Supreme Court Reins in CEQA

March 23, 2015 post by The Registry
Thank you to our Media Partner for allowing the reprint of this important article.

Supreme Court Ruling In Hillside Development Case Strengthens CEQA Exemptions
By Arthur F. Coon

The California Supreme Court took a significant step to rein in the California Environmental Quality Act (CEQA) by strengthening its regulatory exemptions in a long-awaited March 2 ruling that should hearten California property owners, developers and brokers.

Enacted in 1970 and interpreted by the Court shortly thereafter to apply to private development projects requiring government approval, CEQA has become one of California's most litigated statutes. Its burdensome, lengthy and expensive environmental and public review process for non-exempt development projects is familiar to many real estate and land use professionals, as well as to the cities and counties that must approve significant development projects.

While often a bane to developers, CEQA is a boon to project opponents litigating to stop development based on CEQA noncompliance. Plaintiffs need generally only produce some credible evidence supporting a "fair argument" that a project "may" have a significant adverse environmental impact to subject that project to CEQA's most onerous level of environmental scrutiny—the requirement to prepare a full Environmental Impact Report (EIR). This low threshold "fair argument" test has made CEQA a perennial favorite in the litigation arsenal of environmental groups, NIMBYs, labor unions and even business competitors opposing new housing, commercial, mixed-use or infrastructure projects—and it has underscored the need for clear, practical rules governing the operation of its numerous regulatory or "categorical" exemptions.

In Berkeley Hillside Preservation v. City of Berkeley, a neighborhood group opposed the City's approval of a 6,478-square foot house and 3,394-square foot garage proposed by Lotus 1-2-3 founder Mitch Kapor for construction on a steeply sloped, wooded lot in the Berkeley Hills. The neighbors hired an expert architect/engineer and challenged the City's determination that regulatory exemptions for "small facilities or structures" and "in-fill" development projects applied to exempt Kapor's mansion from CEQA review. The neighbors claimed the house was too big, seismically unsafe and would have environmental impacts so as to trigger an "unusual circumstances" exception to the exemptions. While the trial court agreed there was evidence of potential impacts, it found no "unusual circumstances" and upheld the City's approval; the Court of Appeal reversed; and the Supreme Court granted review, and—after a 3-year wait—reversed again and remanded for further proceedings consistent with its decision.

In essence, the Supreme Court rejected the neighbors' and the Court of Appeal's position that merely presenting evidence that an otherwise-exempt project may have impacts is sufficient to defeat a CEQA "categorical" exemption. Rather, an opponent must make a two-part factual showing that (1) "unusual circumstances" exist, and (2) significant environmental impacts may result from those unusual circumstances. The determination on the first element made by the lead agency approving a project will be granted substantial judicial deference and will be overturned only if unsupported by any substantial evidence. Only the second prong of the "unusual circumstances" exception is subject to the low-threshold "fair argument" test—that is, once a project opponent succeeds in establishing that "unusual circumstances" exist, it then need only make a "fair argument" that significant impacts may result from those circumstances to establish the exception and defeat the exemption. Alternatively, an opponent may be able to establish both prongs of the exemption circumstantially if it offers "convincing evidence" that a project "will" cause significant impacts.

The Supreme Court's decision represents a significant victory for developers, local agencies and others relying on CEQA's categorical exemptions. The State Office of Planning and Research has adopted over 30 such exemptions for "classes of projects" found not to have significant effects, including (among many others) exemptions for certain infill development projects, historical resource rehabilitation, regulatory enforcement activities, minor land divisions in urbanized areas, minor alterations to land, construction of limited numbers of new, small facilities or structures, and operation, repair, maintenance and minor alteration of existing facilities with negligible or no expansion of existing use.

In fashioning a pragmatic solution to thorny legal issues surrounding categorical exemptions that had divided California appellate courts prior to its decision, the Supreme Court has provided a new analytic framework that should promote predictability and decrease the vulnerability of exemptions to litigation. For state and local lead agencies and the development community, that's definitely a step in the right direction.

Arthur F. Coon is a Walnut Creek-based partner and co-chair of the Land Use Practice Group at Miller Starr Regalia. He may be reached at arthur.coon /at/ msrlegal.com.