Next stop for contested development project is appeals court
By Robert Moreno - April 26, 2018
Vista residents are taking their legal challenge against a
controversial development project in their Chula Vista neighborhood
to the California Court of Appeals.
and land-use attorney Everett DeLano filed a briefing on appeal
on Jan.9 on behalf of his clients. Earl Jentz and Gloria Gonzales,
who contend that the city of Chula Vista violated its own
land use plans when it approved the Vista Del Mar project
on the northeast corner of Third Avenue and K Street.
They argue that the Vista Del Mar development fails to comply
with the citys General Plan and Urban Core Specific
the General Plan that specifically identifies this site as
a designation thats different from what they ended up
approving in this project, DeLano said. Because
it talks about a commercial and professional usage, not for
In his briefing
DeLano wrote that the city did not adhere to its own land-use
plans when it approved the Vista Del Mar Project.
staff report claimed the site has a general plan designation
of mixed use. This is incorrect, he states. The
Urban Core Specific Plan also identifies the General Plan
Land Use Designation for the Professional and Office Commercial.
said that city has failed to consider the environmental impacts
associated with the development, failed to require an environmental
analysis and failed to consider alternative and mitigation.
The city has
yet to file its opposition to the briefing. They have 30-days
from the time DeLano submitted the opening brief.
But the city
attorney said in a statement that he expects the court of
appeals to side with the city based on the superior courts
of the legal claims raised by Mr. Jentz against the City Councils
approval of the Vista Del Mar project, were presented back
in October 2017 to the
Katherine Bacal of the San Diego Superior Court, said
City Attorney Glen Googins. After an extensive hearing,
Judge Bacal issued a carefully reasoned and detailed order
rejecting those claims and upholding the citys decision.
The city believes that the appeal of this judgement lacks
merit and that Judge Bacals decision will be upheld
by the Fourth District Court of Appeal.
court judge on Oct. 6 ruled that the Vista Del Mar project
was in line with the citys General Plan and Urban Core
Superior Court Judge Katherine Bacal also said an addendum
made under the California Environmental Quality Act and that
a separate Environmental Impact Report was not required.
Del Mar project is described as a mixed-use residential/commercial
project consisting of 71 one and two-bedroom condominium units,
a 1,770 square-foot residential fitness center, a 1,004 square-foot
lobby, a 2,572 square-foot residential lounge, 616 square-feet
of commercial space and a 1,700 square-foot public plaza.
the lot where Vista Del Mar is slated to go remains vacant,
as previous buildings there were demolished.
residents and community members protested the development
in front of city hall last year stating that the five-story
project was massive and did not fit in the neighborhood
because of its towering height. Residents argued that residential
units from the project would tower over neighbors backyards,
causing an invasion of privacy.
Court of Appeals has yet to assign this case a court date.
Niki Properties, LLC, could not be reached for comment.