Another victory for Desert Rose

The court's final ruling is that the city violated the Environmental Quality Act, and must completely void its approval of the density bonus project and go back to the start.

From the Inbox:

More good news for Save Desert Rose!

On July 22^nd, the Honorable Judith Hayes, Judge of the Superior Court, issued her Judgment in the case of Save Desert Rose vs. The City of Encinitas.  In her ruling it was ordered that:

1.      Judgment be entered in favor of Petitioner (SDR) that Respondent City of Encinitas’ approval of the Desert Rose Project (“Project”) and the related approval of a Mitigated Negative Declaration, violated the California Environmental Quality Act, as identified in the Court’s Minute Order dated April 24, 2014, and the Court’s subsequent Statement of Decision.
2.      A Writ of Mandate directed to Respondent issue under seal of the Court (1) ordering the Respondent City of Encinitas to set aside and void its approval of the Project, (2) enjoining and prohibiting Real Party (developer), and any agents, servants, assigns and anyone acting in concert from taking any steps to further the project that could result in an adverse change to the physical environment until lawful approval of the Project is obtained from the City of Encinitas. (Note:  a copy of the Writ is attached)
3.      Petitioner is awarded its cost of suit.
4.      Petitioner is found to be the prevailing party and the Court will retain jurisdiction over further proceedings in this case including any motion for attorneys’ fees and costs pursuant to Code of Civil Procedure Section 1021.5 or other applicable law.

The fact that the judge has directed that the City’s approval of the Desert Rose project be vacated means that it is now not an “approved” project and may be viewed through the lens of the newly-adopted Encinitas guidelines for density bonus projects.  As you know, from previous emails, this means that the calculation for density will be rounded down, rather than up, when determining the number of units permissible.  It may also mean that environmental factors such as detention basins, wetland buffers and easements will have to be deducted from the “buildable” area.  The new building guidelines will also require that the “affordable” units have to meet minimum requirements for size and design.  The unit would have to be the larger of 1,500 square feet or the average size of the market-rate units.

While this is indeed good news and very favorable to our cause and the cause of many other neighborhoods within Encinitas, the battle is far from over.  On June 27, 2014 Woodridge Farms Estates, LLC (the developer) initiated an appeal of the ruling.  There are two interesting aspects of the appeal.  First, the developer filed for the appeal prior to the Court publishing the final documents that defined the actions required of the City of Encinitas.  The second interesting point is that the City has not joined in the appeal.   Based on the current backlog in the appeals process it could be a year or longer before an appeal is heard by the Court.

Our tremendous success would not been possible without the financial support of YOU and your neighbors.  The Judge did award the costs of the suit but this is limited to the actual filing fees and other direct court costs.  We will file an petition to seek reimbursement of all of our legal and expert testimony fees but granting of actual fees and other costs would not happen until after the appeal is heard.

We continue to fight on your behalf and we are very aware of and appreciative of the financial backing of our friends and neighbors. Unfortunately, our legal costs continue throughout this process and it is imperative that we receive additional financial support.  This process affects not only Olivenhain, but all of the five cities of  Encinitas and the State of California.  Please forward this email to all of your friends and neighbors in the area and ask them to help out.

Please consider sending a generous donation to:

            Save Desert Rose
            2240 Encinitas Bl., D-107
            Encinitas, CA 92024

Thank you!

Bill Butler
Mark Bramson
for SDR and Encinitas