Calavera files lawsuit over Quarry Creek
May 9, 2013
CARLSBAD Local environmental group Preserve Calavera
has filed a lawsuit against Carlsbad over the citys
approval of the planned Quarry Creek housing development.
DeLano, Preserve Calaveras attorney, said Thursday afternoon
that the lawsuit filed in Vista Superior Court alleges the
city failed to correctly prepare its environmental review
for the project and then failed to address problems identified
in the review, such as increased traffic on nearby streets
and delayed emergency response times.
goal of the lawsuit, DeLano said, is not to stop the development,
but to reduce the number of homes and keep construction off
the environmentally sensitive portions of the property.
project calls for 656 apartments and condominiums to be built
on a former rock quarry and adjacent undeveloped land along
the southern side of state Route 78 west of College Boulevard.
spokeswoman Kristina Ray said Thursday that city officials
had not yet seen the suit.
city has not been served, and so we would not be able to provide
any response until we see the lawsuit, Ray said.
Carlsbad City Council approved the Quarry Creek project on
April 2, saying the development would provide affordable housing
that the city needs. Several council members commented that
the project is well planned and meets the needs of the community.
have said the McMillin Homes project would put too many homes
on the 156-acre site, would bring too much traffic to College
Boulevard, and would destroy sensitive biological and cultural
Calavera sent a formal letter to the city earlier this week
alleging that the council had violated the states open
meeting law, the Brown Act, by discussing the project in closed
meetings without notifying the public. Mayor Matt Hall responded
that the city has done nothing improper.
Nygaard, president of Preserve Calavera, said Thursday in
the news release that the citys approval of the project
with all 656 homes proposed by the developer left the group
with no choice but to file the lawsuit.
spent years trying to reach a compromise that would preserve
the heart of this valley, allow the city of Carlsbad to meet
their requirements for affordable housing, and provide a reasonable
profit for the developer, Nygaard said. She said the
citys approval felt like a knife in the heart
of anyone who cares about preserving the property.
site is adjacent to the historic Marron Adobe residence and
includes a recently restored stretch of Buena Vista Creek
and the El Salto Falls, which is considered sacred by local
are priceless natural, cultural and historical resources,
Nygaard said in the release. There is nowhere else with
this unique combination of resources that is so tied to the
fabric of a community and local sense of place. It is worth