August 6, 2021

NORTHEAST PEÑASQUITOS NONPROFIT SUES TO FIGHT THE JUNIPERS HOUSING PROJECT

PQ-NE Action Group lawsuit cites City of San Diego failure to comply with CEQA, and violation of Rancho Peñasquitos Community Plan, San Diego General Plan and Municipal Code

A community nonprofit which has publicly opposed The Junipers housing development in northeast Rancho Peñasquitos has filed a lawsuit to mitigate California Environmental Quality Act (CEQA) and community plan issues before the controversial project can continue to move forward.

The Junipers—to be built by Lennar, which has numerous developments underway in the region—was approved June 15, 2021 by the San Diego City Council without the safety and community benefit upgrades recommended by the PQ-NE Action Group nonprofit, and backed by independent expert analysis.

The project plan features a total of 536 housing units as “infill development” in a corner of northeast Rancho Peñasquitos that, in the past two years, has already seen a substantial increase in housing density from hundreds of apartments, townhomes and houses permitted by the City.

PQ-NE Action Group President Stephan Haight said board members voted June 22 to sue the City of San Diego on the basis that The Junipers project violates CEQA, as well as the Rancho Peñasquitos Community Plan, San Diego General Plan and Municipal Code. The lawsuit seeks to declare the City’s approvals invalid, and stop the City from taking steps to implement the approvals.

The approximately 112.3-acre project site is located in the northeast section of the Rancho Peñasquitos community, immediately west of Interstate 15, north of Carmel Mountain Road, and east of Peñasquitos Drive. The site consists of the now closed Carmel Highland Golf Course (formerly known as the Doubletree Golf Course), the existing maintenance yard for the former Hotel Karlan, and tennis courts previously associated with the hotel.

The PQ-NE Action Group has retained prominent local attorney Everett DeLano in its land use fight. The lawsuit asks for a temporary restraining order, preliminary injunction and/or permanent injunction that will stop the City of San Diego from taking any steps to further the project until lawful approval is obtained from the City after the preparation and consideration of adequate environmental analysis, with adequate notice to interested parties, and adoption of findings supported by substantial evidence.

  1. Per the lawsuit filing, six Cause of Action items were noted:

  2. Failure to comply with CEQA procedural requirements;

  3. Failure to adequately consider environmental impacts as required by CEQA;

  4. Failure to adopt feasible mitigation measures and alternatives required by CEQA;

  5. Failure to adopt findings that are supported by evidence in the record;

  6. Failure to adopt a statement of overriding considerations that is supported by evidence in the record; and

  7. Violation of general plan, community plan and municipal code

Haight added, “Our organization demonstrated to both the San Diego City Councilmembers as well as the Planning Commissioners that northeast Rancho Peñasquitos is not the right location for a high-density project without necessary improvements for fire safety, roads and other infrastructure. This lawsuit is a continuation of our efforts to support our commitment to promote and preserve a safe and livable environment for our community, and fight on behalf of the welfare and safety of our current and future residents.”

Media Contacts:

Judy Piercey, Board Member, PQ-NE Action Group

Mobile: 858-449-1833 | Email: jpiercey@sbcglobal.net

Everett DeLano, Attorney, DeLano & DeLano

Office: 760-741-1200 | Email: everett@delanoanddelano.com