“This plan, while it gives lip service to pedestrian and bicycle access, looks to create an uber-commercial neighborhood composed of big block five story buildings that will bring more traffic downtown, not less. We need a plan that minimizes car travel, enhances the parking we do have in creative ways and makes our downtown more liveable, not less. We need a plan that has adequate resources allocated for future police and fire needs, which this plan does not.” Joe Shaw
A message and quote from Dave Sullivan – two time city council member and two time mayor of Huntington Beach.
“I fully endorse HB Neighbors challenge to the city’s woefully inadequate Environmental Impact Report (E.I.R.). The report does not come close to properly analyzing the many adverse effects of the proposed massive density increases in our Downtown area.
I cannot believe that a majority of our Planning Commission and City Council have drunk the ‘New Urbanism’ Kool Aid.”
Dave Sullivan
City Council 1992-2000
Mayor 1996
City Council 2002-2006
Mayor 2006
Here’s an article by Britney Barnes from the LA Times / HB Independent announcing the suit late last week.
http://www.hbindependent.com/articles/2009/12/04/top_stories/hbi-lawsuit121009.txt
Today, we filed a CEQA lawsuit against the City of HB in connection with the Downtown Specific Plan Update’s EIR. It is unfortunate we have had to use this process to protect our neighborhoods. I think most will agree that lawsuits are generally a sad depiction of our society and should only be used as a last resort. To that end, we believe we have exhausted all of our remedies which included participation in the ad-hoc community meetings designed to help shape the Downtown Plan, participation at the Planning Commission hearings and workshops, letters, emails, meeting with some of the Planning Commissioners, meeting in person with each of the City Council members, filling a formal appeal as well as participation at the final City Council open hearing. Unfortunately, to preserve our rights we were forced to file the suit today as it was the last day of the statute of limitations. I suppose to boil it down, the City has its opinion and we have ours – we need an intermediary to help sort this out.
CEQA is a process that the State of California has put into place for the general public (in this case neighborhood groups) to challenge development plans (the City of HB). It is to ensure the City adequately assess the EIR impacts when major land use decisions are being made. While is it a lawsuit, it is more of an administrative lawsuit to review the CEQA process and determine if the City followed the rules. There are no monetary damages, no one is personally accused of wrong doing, and there is no testimony. Simply put, was the process followed correctly or not.
Generally speaking we believe the EIR and process failed to examine, analyze and disclose some major issues associated with the Downtown Plan (see the suit for the details as it provides greater detail and support of those deficiencies). It is our opinion that due to the deficiencies in the EIR and the process, those making decisions did not have all of the facts. In our opinion, this plan will significantly impact our neighborhoods and great City forever. We believe that it is not reasonable or lawful to make decisions for a plan when its impacts will survive for decades without knowing all of the facts.
We hope the court will agree.
We will post the entire suit here (early next week). You can sign up to be notified once it has been uploaded or to receive additional announcements when they become available.
See the updated plan that the City Council approved on November 2, 2009.
DTSP Update Book I 120209
DTSP Update Book II 120109.
We came across this June email / document called Business Attraction Recommendations by Kellee Fritzal. We believe the HB Economic Development Dept. buried these recommendations. It is alleged that she did present some to the City Council, but not these. It rebukes the portrayal that the residents and business owners helped shape the Downtown Specific Plan. The reality is that City Council did not have an opportunity to view the input provided by 60 residents and business owners on a committee the City formed with 3 Council members. These were voted upon and approved, except #6, with many City people in attendance. It is reported that some City Council members and Planning Commissioners were not aware of all of its contents before voting.
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