San Diego City Council and Mayor Will Discuss Possible Appeal of Midway District Legal Defeat
By Paul Krueger
Mayor Todd Gloria and City Attorney Heather Febert have followed through on their effort to overturn an appeals court ruling that requires a thorough review of the environmental impact of high-density, high-rise housing throughout the Midway District.
They’re now asking the City Council to approve a long-shot and costly appeal of that ruling to the State Supreme Court.
This dispute broke loose on October 17. That’s when a panel of the 4th District Court of Appeal issued a unanimous, strongly-worded ruling faulting the city for preparing an incomplete analysis of the negative impacts of waiving the voter-approved 30-foot height limit and allowing intense, high-rise development throughout the Midway District.
The justices said voters were deprived of information about the impact of that development when they narrowly approved the controversial height-limit waiver.
“As Save Our Access (the group that sued to invalidate the election results) stated in one of its comment letters, ‘San Diegans deserve to know the complete picture’ of removing the 30-foot Coast Zone height limit,” the ruling states. “We agree that the California Environmental Quality Act requires as much.”
Proponents of smart, managed growth rejoiced at the ruling. They believe the City must prepare a complete analysis of the environmental impacts and share that information with voters, so they can make a fully-informed decision before voting yet again to approve or reject any effort to invalidate the 30-foot coastal height limit.


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