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Two Lawsuits Filed Over One Paseo Project

Three community groups and a competing shopping center owner have filed separate lawsuits aimed at blocking the controversial One Paseo mixed-use development in Carmel Valley, proposed by Kilroy Realty Corp. and recently approved by the San Diego City Council.

A suit was filed April 8 in San Diego County Superior Court by the Alliance for Responsible Development, the East Bluff Community Association, and Mitigate One Paseo. It names the city as a defendant and Kilroy as a party of interest.

The lawsuit was filed on the same day that Costa Mesa-based retail center developer Donahue Schriber, which owns Del Mar Highlands Town Center across the street from the One Paseo site, filed its own lawsuit against the city and Kilroy, challenging the validity of an environmental impact report and the city’s review procedures.

In the suit by the three community groups, plaintiffs are calling on the city to set aside its certification of the project’s environmental impact report and any approvals that were based on the report. The suit calls on the city to prepare and certify a new environmental impact report, taking into account environmental issues including water supply assessment, and for the court to halt the project until those actions are taken.

Kilroy and other supporters contend that One Paseo represents smart-growth principles that are being encouraged by city and regional planners. Kilroy officials have said the developer has made several revisions to address residents’ concerns since the project was first proposed in 2008, and that the environmental issues have been thoroughly vetted by the city.

Opponents including neighboring residents and Donahue Schriber contend the project would create traffic and other negative impacts in an area where congestion is already a problem, off Del Mar Heights Road at El Camino Real near Interstate 5.

Attorney Josh Chatten-Brown, who is representing the three community groups in their suit, said in a statement that One Paseo’s environmental documents “are riddled with flaws and inconsistencies.”

“There are several instances where improper assumptions are made to reduce the reported severity of impacts on the surrounding communities,” Chatten-Brown said.

The San Diego County Registrar of Voters is currently reviewing more than 60,000 signatures gathered by a group known as Protect San Diego’s Neighborhoods, which seeks to have city council rescind its February approval of One Paseo or place the matter before voters, possibly in June 2016.

The 23-acre, $750 million One Paseo includes 10 buildings with 1.4 million square feet of office and retail space and 608 condos and apartments, along with various public plazas and other open-space amenities.

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