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Since these are public documents that are meant to adequately assess a project's impacts, they naturally become easy targets for people who want to sue to hold up a project, for a variety of reasons. Some truly want to make sure that the public is fully informed, others like to threaten lawsuits in the hopes that some other conditions are satisfied. I believe 7th and Market's EIR was threatening a lawsuit from a labor union to ensure that the future tenant would hire union workers. |
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Second, more or less anyone is entitled to sue a developer under CEQA if they believe that the environmental studies conducted were inadequate or misleading. Initiating a CEQA lawsuit effectively revokes permitting approval of a project until it's resolved, so right there that's holding up the timeline. It typically takes about a year before our overburdened judiciary can find the time to hear your case, and once you're in the courtroom you're essentially guilty until proven innocent. It's on the developers to prove whatever claim their opponents are making lack merit, which if they haven't already done a full EIR can force that whole process to start all over again. And if the plaintiffs are really determined, they can keep appealing up to the appellate court and the superior court over the next year or two. n the more fraudulent cases the issues brought up by the plaintiffs are knowingly non-existent, and often a cover for their real complaints against the project which don't fall under CEQA's domain. You can't sue under CEQA to "preserve neighborhood character" or force an employer to hire union employees, but you can make them spend large amounts of money and time conducting traffic study after traffic study or some-such. The plaintiffs will also usually form a non-profit as their legal vehicle, which isn't legally required to disclose its membership and can be easily dissolved in the event of a counter-suit, so there's very little consequences to them for doing any of this as well. |
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Very informative and interesting, thank you. |
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Thanks Will for the further info. |
July DT Update
http://civicsd.com/wp-content/upload.../July-2018.pdf
Interesting to see some of the estimated completion dates, and current phases. |
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^^^ Not breaking ground till next April... Sheesh lagging hard but at least it will get built. Hey it will finish for 2022 when the Padres will win the World Series loooool!! The economy will have cratered but we'll have a dope baseball squad and the skyline view from PetCo will be epic with 7th and Market finally done. ;)
CIVIC SD List: So what does "Pending Completion of Building Plans" Mean. Scroll down and you see the big/tall projects already approved but not started and that is what their status reads. All high rises with that status : 499 W Ash-- 1122 4th Ave. (Renderings anyone don't remember this one) -- 1st & Beech -- 7th & A -- Citiplace N side of Ash between 1st & Front -- Also AC Hotel says this status as well. Tons of projects so I'm guessing that just means they are stalled and can't get financing. And what is up with AC Hotel that has been stalled for a looooong time? |
https://news.theregistrysf.com/bridg...ent-san-diego/
https://i.imgur.com/WRJSrpR.jpg Proposed tower next to Ariel in little Italy |
Also with the Bosa owned site next to harbor club i kind of wished that they worked with Brandon Martella with his proposed vertical farm on the site. I feel this tower would be a show stopper/ signature worthy tower I feel that his design was much better and unique than the other proposed tower plus it would also be a nice gap filler and would add some depth and detail to our skyline
https://i.imgur.com/mE5tewH.jpg https://i.imgur.com/2Z0zOSm.jpg https://i.imgur.com/6umFsMw.jpg https://i.imgur.com/bKxxZvJ.png https://i.imgur.com/wyulITW.jpg https://i.imgur.com/vq8htfD.jpg https://i.imgur.com/1GEuNZq.jpg https://i.imgur.com/imgNm1j.jpg https://i.imgur.com/O7ttXVZ.jpg |
That is STUNNING! Build it now!
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http://www.sandiegouniontribune.com/...56-story.html# Summary: A labor union is suing a dense suburban project in Penasquitos because they claim its EIR didn't adequately address biological, greenhouse gas emissions, air quality, and traffic impacts. The labor union has simultaneously requested that the developer agree to a project labor agreement... |
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Democrats hard at work..
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Much of CEQA's flaws come from this desire to make it a taxpayer money free, self-enforcing law. Allowing anyone to sue under a CEQA complaint means you don't have to pay a bureaucracy to investigate potential violations, but it also gives the lowest common denominator free reign to gum up the works. NIMBYs can sue against high density housing, atheists can sue against churches, anti-abortion activists can sue against planned parenthood clinics, all for equally flimsy reasons and there's not a lot that can stop it. It's gotten to the point now though where anyone with a few hundred thousand dollars and Cory Briggs' phone number can cost a developer millions upon millions, and that's a power small yet vocal groups on both sides of the aisle are loathe to give up. |
I'm sitting next to a 500+ page document containing the 2018 CEQA guidelines. It has without question, placed massive regulatory burdens on the entitlement process. Where I work, we have to write legally defensible (airtight) CEQA reports that basically anticipate the slightest erroneous challenge, because litigation often occurs and the 'Act continues to metastasize. The man-hours involved in processing a project of even moderate size can add $$$ to the cost. There are people like me who entire career revolves around this. At least it pays o.k.
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"We spent 2017 fighting a CEQA lawsuit, which we won," Wood said. "The plaintiffs appealed, and now we're negotiating with them. We're very close to having the lawsuit dropped, and we've returned to the capital markets to get our financing back in order. It looks like the project is a go again." The Ritz-Carlton project is on a full block Downtown on a site owned by the city of San Diego. In 2015, Wood said, the city selected Cisterra to develop the project. "There were certain things the city wanted, such as 200 public parking and 200 resident units and 50K SF of commercial space," Wood said. "We decided that we wanted to deliver a project that not only meet those requirements, but exceeded them. We decided to do top-notch." Part of the early process was approaching Marriott and proposing a Ritz-Carlton, since there were hotels of that brand in San Diego, as well as Whole Foods, though the grocer has since pulled out of the project.” https://www.bisnow.com/san-diego/new...rage-731-91591 |
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