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Posts Tagged ‘Del Cerro Action Council’

City files appeal in SDSU/Adobe Falls case

Posted by George J Janczyn on June 1, 2010

The City of San Diego and the Redevelopment Agency of the City of San Diego have filed a notice of appeal on the longstanding dispute with San Diego State University over the university’s proposed housing project in the Adobe Falls area of Del Cerro alongside Alvarado Creek. The appeal, filed May 25, 2010 at the Vista Superior Court, is in response to the court’s March 26, 2010 judgment in favor of SDSU. The proposed housing project could create as many as 348 housing units for use by university faculty and staff.

It might be a very long time before anything significant happens with the appeal. The appellants have 10 days from the notice of appeal to submit a Designation of Record and the defendants have 15 days if they wish to submit a counter designation. The Superior Court then needs to certify the Designation and forward it to the Appeals Court which will then assign a case number. Later, the parties will file briefs, which may or may not include arguments. At some point, the court could invite the parties to participate in oral arguments. Although Del Cerro Action Council was a principal in the lawsuit, that group is unlikely to join in this appeal due to the expense.

The appeal will be handled at the 4th District Division 1 Appellate Court.

Meanwhile, CSU has submitted a Memorandum of Costs and will likely ask the Superior Court to order reimbursement for the costs CSU incurred copying and preparing the administrative record for the case. If so ordered (and that appears likely), cost of payment (total of $27,937.82) would be shared among the various parties on the losing side of the lawsuit.


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Clarification on SDSU’s planned expansion into the Adobe Falls Open Space area

Posted by George J Janczyn on April 24, 2010

I’m maintaining updated information on San Diego State University’s Master Plan project to construct residential housing for faculty and staff in Del Cerro’s Adobe Falls Open Space area, and the legal challenges pertaining to the plan’s Environmental Impact Report that dragged on for years.

The ongoing story is here:


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Del Cerro Action Council meeting agenda

Posted by George J Janczyn on April 21, 2010

Temple Emanu-El is located at 6299 Capri Ave., just behind the corner of Del Cerro Blvd. and College Ave.


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Navajo Community area news

Posted by George J Janczyn on March 9, 2010

There’s a possibility that both the San Carlos Area Council and Del Cerro Action Council will soon be implementing a dynamic presence on the web, but in the meanwhile, the Mission Times Courier recently published these updates:

San Carlos Area Council news report for February
Del Cerro Action Council news report for February


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SDSU’s expansion project in Del Cerro’s Adobe Falls a step closer to reality

Posted by George J Janczyn on February 4, 2010

Judge issues ruling on case challenging SDSU’s Master Plan EIR

Last July I wrote an article in which I explored Alvarado Creek and its path from La Mesa to Adobe Falls in Del Cerro and on to the San Diego River. Adobe Falls was ultimately to become its own story, though, as I learned more about SDSU’s Master Plan project to build residential housing for faculty and staff in the Adobe Falls area and the ongoing legal challenges that ensued. The story was entitled Alvarado Creek and the future of Adobe Falls.

When I wrote that story there were still unresolved legal challenges to SDSU’s project, specifically the Environmental Impact Report (EIR), and I encountered ongoing obstacles in following the legal developments. Indeed, after writing the story, I wasn’t able to access the casefile any more. That process is documented in my Adobe Falls updates post.

Both of those posts contain detailed background information including links for the EIR, the Master Plan, and more.

Today, I finally made some progress. Although the clerk in the public records office again informed me that the casefile was not available, after I pleaded how long I’ve been trying to get my hands on it she contacted the department and they (reluctantly) agreed to allow me limited access to it, but only in the clerk’s presence.

I had already seen the older casefile documents, but regarding new developments, I was only allowed to see one item — a Proposed Statement of Decision that Judge Thomas P. Nugent issued. I could choose to have the clerk stand over me while I read it or she could make a copy for me. I took the copy!

My informal reading of the major challenges is: 1) the EIR fails to identify, mitigate, and consider alternatives to local & regional traffic impacts; 2) the EIR fails to provide correct or adequate fair share calculations; 3) the EIR fails to adequately identify impacts to or mitigation measures to reduce impacts to area population and housing stock; 4) the EIR fails to provide analysis or description of proposed open space and/or recreational facilities; 5) the EIR fails to adequately identify or mitigate for impacts to Adobe Falls Creek and surrounding riparian wetlands, or to native plant habitat, open space, or visual character.

The judge’s Proposed Statement of Decision was filed on Jan 13, 2010 and essentially dismisses all challenges to SDSU’s 2007 EIR.

One issue that particularly interested me was water (!). The Petitioners argued that SDSU’s EIR did not adequately examine the development’s impacts on the city’s (limited) water supply. The judge ruled, however, that the EIR had specifically addressed both water supply impacts and water delivery infrastructure impacts and that they were adequately addressed and supported by substantial evidence.

In his Conclusion, the judge says “This Proposed Statement of Decision shall become final within fifteen days unless either party files objections thereto pursuant to California Rules of Court, §3.1590(f). Any objections shall be limited to alleged errors of fact or law. Attempts to reargue the case will not be considered.”

I was not permitted to see additional new documents that apparently represent objections to the decision statement. I was told the department is probably going to put together a new volume for the case (it already has 6 volumes); that probably means more paperwork is expected while the new objections are heard. Since the objections can only pertain to errors of fact or law in the decision, though, it seems pretty clear to me that at this point, there’s not much more standing in the way of the project, other than SDSU and CSU finding money to pay for it.

For the long term, I intend to continue following the project after the legal issues are resolved. I’ll keep all further updates in the Ongoing Topics page on the menu bar at the top of this blog.

Added Feb 5: PDF copy of the Proposed Statement of Decision (will open in new tab)

[updated Feb 5 to emphasize the likelihood that there are objections or challenges to the decision]

[Feb 8 – It’s curious that the local mainstream news media hasn’t written a word about the judge’s ruling. I wouldn’t think it’s because it is a proposed statement of decision, because the media had plenty to say when a proposed decision was announced regarding the QSA water transfer business! I don’t care if they mention my blog post or not, but isn’t this a topic of broad importance?]

Revised SDSU Master Plan

Posted in Adobe Falls, Environment, Land use, Water | Tagged: , , , | Leave a Comment »