Third Avenue development project prompts legal action
By Robert Moreno | Sat, Oct 08 2016
five-story, 71-unit condominium project that is supposed to
revitalize Third Avenue is at the center of a lawsuit. Chula
Vista property owner Earl Jentz and Chula Vista resident Gloria
Gonzales filed a lawsuit Sept. 15 against the city of Chula
Vista and Niki Properties over the Vista del Mar development
project, which the city council approved in August.
del Mar is a mixed-use development site located at the corner
of Third Avenue and K Street in the C-1 Corridor Sub-District
of the Urban Core Specific Plan. The project by Dr. Hamid
Mani is said to have one-and two-bedroom condos and a 616-square-foot
space for commercial use.
lawsuit contends that the city failed to comply with the citys
general plan, specific plan and municipal code when it approved
this project. The lawsuit also states that the city failed
to consider the environmental impacts associated with the
project, failed to require environmental analysis, and failed
to consider feasible alternatives and mitigation.
This project isnt consistent with the specific
plan, it is inconsistent with the design guidelines for the
city of Chula Vista, said environmental and land use
attorney Everett DeLano, who is representing Jentz. They
[the city council] completely ignored all of that, and kind
of bent over backwards to do what they could to support this
project, despite all of this.
Jentz owns property in the area where the projected site will
be located and said that if the project gets built it will
drastically impact his property.
This project fits the site like a square peg in a round
hole, he said. It doesnt respect the neighbors
and community as envisioned in the Urban Core Specific Plan.
The bulk and size of the project dwarf the surrounding neighborhood
because it was submitted and approved with exceptions that
doubled its mass.
The lawsuit also argues that the city failed to give Jentz
a proper public hearing by not providing him the ability to
present his argument during the city council meeting, and
failing to allow him a rebuttal opportunity, which violated
his rights of due process and fair hearing.
Chula Vista City Attorney Glen Googins dismissed the claim
and said he made sure the city followed the process for a
Mr. Jentz alleges that the citys approval of Dr.
Manis proposed project at the corner of Third and K
was illegal, he said. We strongly disagree. Although
people can (and did extensively at two public hearings) debate
the pros and cons of the project, we believe that all sides
of the debate were given full and fair opportunities to express
their views, and that both the citys process, and the
terms for its ultimate approval, fully complied with all applicable