Panel rules against city on height limits, raising questions about redevelopment plans

A gavel File photo courtesy UC Berkeley Law An appeals court panel on Friday overturned a lower court decision in favor of the city of San Diego regarding Midway District height limits The three-judge panel of the th District Court of Appeal considered whether the city complied with state requirements to adequately inform the society of the probable environmental impacts of approving the second ballot measure to remove the height limit in the Midway-Pacific Highway area We conclude it did not the panel noted in its ruling and ordered the city to comply with the California Environmental Quality Act Also in play were whether the city had identified mitigation measures or disclosed the reasons for approving removal of the height limit even if there are substantial environmental impacts The saga dates back to when voters passed Measure E to remove the -foot height limit in the Midway The district had been included in a zone of coastal communities that has been protected since but the height limits also barred replacing what is now known as Pechanga Arena and redevelopment of the aging streets around it Opponents sued the city over alleged CEQA violations but during the court battle city leaders decided to place new language before voters which ultimately became Measure C That proposal was passed by voters in The opponents still unhappy sued again maintaining that the decision to exclude the Midway-Pacific Highway Region Planning area from San Diego s Coastal Height Limit Overlay Zone violated CEQA requirements A key issue for the panel the -feet height limit under the overlay zone and whether city environmental studies had properly taken it into account The justices determined that the city moved forward without really considering the environmental impacts of buildings greater than feet other than views and neighborhood character This was inadequate they continued As a development neither the City decision makers nor the population were able to make a meaningful decision about the second ballot measure Friday s decision overturns the ruling of Superior Court Judge Katherine A Bacal Everett DeLano an attorney for the plaintiffs Save Our Access disclosed in an email that it s vital to recognize that the court s decision recognizes the special role CEQA plays in informing the inhabitants about the extent of feasible environmental impacts This is certainly very crucial when the question is put to a vote of the general How else can the residents know what they are voting on An email to the San Diego City Attorney s Office was not returned What the decision means for the Midway Rising redevelopment project remains to be seen The proposal includes a new entertainment arena at the sports arena site more than units of housing and acres of parks Planning commissioners voted in favor of the project last month