Lawsuits Filed Against One Paseo

Two lawsuits has been filed against One Paseo, a controversial mixed-use project in Carmel Valley.

Alliance for Responsible Development Corporation, East Bluff Community Association and Mitigate One Paseo said they filed the suit against the city and developers for environmental reasons. Chatten-Brown & Carstens filed the suit on behalf of the organizations. 

“One Paseo’s environmental documents are riddled with flaws and inconsistencies,” said Josh Chatten-Brown, an attorney with Chatten-Brown & Carstens, in a statement. “There are several instances where improper assumptions are made to reduce the reported severity of impacts on the surrounding communities. The Environmental Impact Report does not provide the objective, good faith analysis of impacts, alternatives, and mitigation measures that is required by California law.”

Donahue Schriber, owner of the Del Mar Highlands Town Center across the proposed One Paseo site, also filed a lawsuit against the city and developers Kilroy Realty Corporation, challenging the Environmental Impact Report. The report was used by the City Council when they decided whether to approve it. 

The three groups claim in their lawsuit that, despite receiving more than 400 comments on the Draft Environmental Impact Report released in 2010, the group was not revised to address concerns about traffic impacts, safety and air quality impacts, among other things.

"Unfortunately, frivolous lawsuits like this have become standard for any significant project in California. One Paseo underwent extraordinarily careful analysis, and we’re completely confident that the city’s extremely thorough environmental impact report on the project will withstand the court’s scrutiny," said Rachel Laing, spokeswoman for Kilroy Realty, the developer behind One Paseo. 

The One Paseo Project includes the construction of stores and eateries, the expansion of a movie theater and the addition of more than 600 family apartments and a parking structure in Carmel Valley.

The council gave their initial OK to the plan in late February, though they did say developer Kilroy Realty must add 60 affordable housing units and a synchronized traffic system. Council President Sherri Lightner and Council President Pro Tem Marti Emerald were the dissenting votes.

The San Diego Planning Commission approved the proposal, with some amendments, for the 1.4 million square-foot, mixed-use village slated for the corner of Del Mar Heights Road and El Camino Real.

The panel agreed to the plan on the condition that developer Kilroy Realty agreed to make 11 changes to the master plan.

However, supporters say the development would be a positive addition to the area, bringing 1,600 new jobs, 600 news homes and $630 million to the local economy.

The Carmel Valley Planning Board voted against the current proposal but its members have said they support a smaller version of the plan. Opponents say the project is too big and would create a traffic nightmare.

If all goes as planned, Kilroy Realty will break ground by the end of the year. Its completion date is set for 2018.

City Attorney spokesman Gerry Braun said the office had no comment on the litigation. 

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