Riverwalk Developer (4747 Daisy Ave.) Seeks To Dismiss (Prevail on the Pleadings In) CARP's CEQA Legal Challenge And Impose Sanctions, Alleges Filing Beyond Deadline; CARP's Lawyers File Response Saying Group's CEQA Challenge Is Timely Filed; March 15 Showdown Hearing Is Set
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(Mar. 4, 2016) -- Lawyers representing Citizens About Responsible Planning (CARP), the grassroots group challenging City Council approval (motion by Austin) of the Riverwalk two-and-three story residential development with density greater than common single-family residential zoning on the former Will J. Reid scout park site (4747 Daisy Ave.), have responded to a motion by the developer, Integral Communities of Newport Beach, that seeks a judgment on the pleadings (effectively to prevail on) CARP's legal challenge and impose sactions against CARP's lawyers and potentially CARP's citizen-advocates for up to $10,000.
The high-stakes duel stems from a motion by the developer alleging that CARP filed its legal challenge under the CA Environmental Quality Act (CEQA) beyond a statutory thirty day filing period.
CARP's lawyers respond that their legal challenge is timely filed, stating that the city filed an initial "Notice of Determination" (a document whose filing date determines the 30 day window for filing challenges) prematurely before the Council took a second required vote to adopt several related ordinances; the City then filed a second Notice of Determination under which CARP's challenge is timely, CARP's says in its filed response to the developer's motion.
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CARP's response further states a city of LB planning department staffer and an attorney in the City Attorney's office provided two CARP members with the date of the second Notice of Determination, information on which CARP relied in filing its legal challenge.
A hearing on the developer's motion to dismiss CARP's challenge and impose sanctions is now set for March 15 in L.A. Superior Court...and CARP is inviting supportive contributions on its website in a legal battle, it says has potential citywide development implications.
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The group's underlying Petiton for a Writ of Mandate (filed in December 2015) challenges the City's actions under CEQA in changing current zoning to allow 131 two and three story residences (2,100 to 2,900 sq. ft. townhouses) on 10.5 acres, which is considerably higher than allowed by traditional residential neighborhood protective zoning (abutting the townhouse site.)
Image included in agendized materials
In November, the Council voted to approve a proposal by the property's owner/developer, Integral Communities of Newport Beach, to build 131 two and three story residences (townhouses) in a unified development in an area bordered by the Union Pacific rail line on the south, the L.A. River to the west and a residential neighborhood nestled between Del Amo Blvd. to the north and Long Beach Blvd. to the east.
Image from agendized materials
The owner/developer says its Riverwalk project will improve the neighborhood, increase property values and provide amenities for the development's residents...and also agreed to build at its expense a new park on Del Amo Blvd. for general public use.
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CARP indicates on its website www.carplb.org that it was formed by concerned citizens who "came together in response to significant planning and zoning decisions by the City Council that will undoubtedly impact the quality of life and environment for residents throughout the city. CARP is determined to defend our communities, our environment, and our rights as citizens. CARP demands responsible city planning: including transparent processes which are fair, responsive, conform to enacted laws, and respect and avoid threatening the quality of life in our communities."
CARP's website indicates it welcomes contributions in its legal battle, either made directly by PayPal on CARP's website or by check made out to: "Channel Law Group, LLC -- memo: CARP for Riverwalk" -- mailed to: CARP, 6444 E. Spring St. #241, Long Beach CA 90815.
