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HomeMy WebLinkAboutMitigated Negative Declaration for Atlanta Widening Project r�?c fir, - C.v f� Council/Agency Meeting Held: !� Deferred/Continued to: I App ve El Conditionally Approved El Denied Ci CI 's Si ature Council Meeting Date: March 19, 2012 Depa m nt ID Number: 12-004 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Jennifer McGrath, City Attorney PREPARED BY: Jennifer McGrath, City Attorney SUBJECT: Mitigated Negative Declaration (MND) for Atlanta Widening Project and Pacific Mobile Home Park, LLC v. City of Huntington Beach, Orange County Superior Court Case No. 30-2011-00449749 Statement of Issue: On January 18, 2011, the City Council approved a MND analyzing the potential environmental impacts of the Atlanta Widening Project. The Project requires acquisition or condemnation of eight coaches and their associated lots in the adjacent Pacific Mobile Home Park. In response, the Park owner, Pacific Mobile Home Park, LLC ("PMH"), sued the City to challenge the MND. Following trial on January 12, 2012, the Court ruled in favor of PMH and found the MND deficient in a number of areas. The City must report to the Court by March 21, 2012 how it will respond to the adverse Judgment. Financial Impact: To date, Planning Staff has performed all work on the MND. If Council directs revising the MND, Public Works will retain an outside Planning Consultant to prepare some of the revisions to the MND with funding from the existing Project Budget. Recommended Action: Motion to direct Staff to: (1) revise the MND to address the deficiencies the Court identified in the adverse Judgment, and then recirculate the MND for public comment before presenting it for approval at a public hearing before the City Council; and (2) refrain from conducting any activity that would interfere with the City's ability to comply with CEQA, pending approval of a recirculated MND. Alternative Action(s): The City Council has until April 11, 2012 to direct the City Attorney to appeal the Court Judgment. Item 8. - 1 xB -140- REQUEST FOR COUNCIL ACTION MEETING DATE: 3/19/2012 DEPARTMENT ID NUMBER: 12-004 Analysis: The City seeks to widen Atlanta to four lanes between Huntington and Delaware Streets, adjacent to Pacific Mobilehome Park. The Park is a for-rent, mobile home park with a total of 252 units located at 80 Huntington Street (southeast corner of Huntington Street and Atlanta Avenue). The Project requires condemnation or acquisition of eight mobile homes and their associated lots. On January 18, 2011 the City adopted a MND for the Project under CEQA. PNIH filed suit on February 14, 2011. The Court tried the case on January 12, 2012, and found that the City "did an inadequate environmental study for the Project." Some of the deficiencies included: 1. Deferring preparation of a geotechnical study to address soil stabilization and subsidence and hydrology. 2. Failing to consider the environmental impacts of constructing the block and retaining wall adjacent to Atlanta. 3. Failing to consider the Project's impact on the social fabric of the Mobilehome Park. The Court found that the environmental impacts of the Project on the Park community are potentially significant, due to increased traffic, the erection of a 15-foot sound retaining wall, in lieu of a wooden fence, and the in-place demolition of eight homes. 4. Only comparing the current pre-project traffic volume with 2030 traffic volume on Atlanta, without also addressing the immediate, post-Project completion traffic impacts. The Court signed the Judgment against the City on February 14, 2012. The Court ordered the City to set aside its approval of the MND, and refrain from conducting any activity that would interfere with the City's ability to comply with CEQA. The Court further Ordered that the City make and file a "Return" with the Court setting forth how the City has complied with the Court Order. City Staff estimates that it would take 120 days to revise the MND and bring it back for.City Council approval. Alternatively, the City has 60 days to appeal the Judgment. Environmental Status: Pending Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Judgment 2. Perempto Writ HB -l 41- Item 8. - 2 ATTACHMENT # 1 Item 8. - 3 iiB -i4_ a I Robert C. Coldren, Esq., Bar No. 81710 ; Mark D. Alpert, Esq., Bar No. 138152 2- Boyd L. Hill, Esq., Bar No. 140435 ! HART, KING & COLDREN 3 A PROFESSIONAL LAW CORPORATION 200 Sandpointe,Fourth Floor 4 Santa Ana, California 92707 Telephone: (714) 432-8700 5 Facsimile: (714) 546-7457 6 Attorneys for Petitioner Pacific Mobilehome Park, LLC 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ORANGE—CIVIL COMPLEX CENTER 10 11 PACIFIC MOBILEHOME PARK, LLC, a CASE NO. 30-2011-00449749-CU-PT-CXC California Limited liability company, o � r 12 Assigned for all purposes to: w g a Judge Nancy Wieben Stock x o w 13 Petitioner, Dept. CX105 Age Uvoo14 � < - vs. NOTICE OF ENTRY OF JUDGMENT zap 15 o � z a 16 CITY OF HUNTINGTON BEACH, a Q � California Municipal Corporation, acting ) N 17 by and through its elected City Council; 18 19 Respondents. Action Filed: February 14, 2011 20 21 22 23 24 25 26 27 28 1 36608.00514840-1592-4238v.1 NOTICE OF ENTRY OF JUDGMENT HB -143- Item 8. - 4 1 TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE that on February 14, 2012 the Court entered judgment 3 granting peremptory writ of mandate and all other relief sought in this case. The Court 4 signed the judgment as submitted by Petitioner, Pacific Mobilehome Park, LLC. A true and 5 correct copy of the file stamped judgment is attached hereto as Exhibit"A". 6 7 Dated: February 2012 HART,KING & COLDREN g � r By: 9 Roe S. Coldren Mark D. Alpert 10 Boyd L. Hill Attorneys for Petitioner 11 Pacific Mobile Home Park, LLC z 12, 0 a W F.. o � o § � 13 0 � c1 � a14 U a � o zaU15 o 2 z t- z Q 16 do`< 90 � 9 17 18 19 20 21 22 23 24 25 26 27 28 2 )5l4840-1592-4238v.1 Item 8. - S NOT HB -144-'YOFJUDGMENr a 7Y7'HB —145— Item 8. - 6 t ' FILED SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF ORANGE CENTRAL JUSTICE CENTER 3 ELECTRONICALLY RECEIVED F E B 14 201A Ckd 4 Superior Court of California, County of Orange 5 02/0912012 at 11.3D.36 jW ALAN CARLSON Clerk of the atnt �ln. 6 Clerk of the Superior Court BY W CORREA By Sonya Wils©n,Deputy Clerk 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ORANGE— CIVIL COMPLEX CENTER 10 11 PACIFIC MOBILEHOME PARK,LLC, a CASE NO, 30-2011-00449749-CU-PT-CXC California limited liability company, . o � h 12 Assigned for all purposes to: " � 0 o ) Judge Nancy Wieben Stock c o a 13. Petitioner, ) Dept. CX105 05 ` ) o U o z 0 14 JUDGMENT GRANTING PEREMPTORY vs. WRIT OF MANDATE z < � chi 15 � gCL N z < 16 CITY OF HUNTINGTON BEACH, a < o o California Municipal Corporation, acting _ 17 by and through its elected City Council, ) 18 ) 19' Respondents. ) 20 ) 21 ) 22 23 24 25 26 27 28 36608.005/4 911-B 173-953dv.2 JUDGMEW GRiI N NG PL ITIOA'FOR N'RIT OF,1-L WDOTE Item 8. - 7 HB -146--) DV I This proceeding came on regularly for trial on January 12, 2012 in Department CX- 105 of the Orange County Superior Court, the Honorable Nancy Wieben Stock presiding. 3 Boyd L. Hill of Hart King & Coldren appeared on behalf of Petitioner, Pacific Mobilehome 4 Park, LLC. Scott Field, Assistant City Attorney, appeared on behalf of Respondent, City of 5 Huntington Beach. 6 Having reviewed the Administrative Record of Respondent and the briefs submitted 7 by counsel, and considered the arguments of counsel, and having entered its Order Granting 8 Petition for Writ of Mandate, 9 IT IS ORDERED AND ADJUDGED that_ 1Q 1. Petitioner's Petition for Writ of Mandate is granted. 1 1 The certification of Mitigated Negative Declaration No. 09-001 for the Atlanta z 12, Avenue Widening Project is vacated. ZC. 80 � U. a 13 3. A Peremptory Writ of Mandate shall issue. O a S O U 'n a U o o 14 4. This matter'is remanded to the Huntington Beach City Council forfurther �� 15 review, consideration, analysis, and findings, and upon which occurring; Respondent may a2 16 prepare and act upon a negative declaration, mitigated negative declaration, environmental 1. 4 wc 17 impact report or other suitable environmental document. In accordance with Code of Civil lg Procedure Section 1094.5(f) and Public Resources Code Section 21168.9 (c), nothing in this 19 Judgment directs Respondent to exercise its lawful discretion in any particular way. 20 5._ Respondent City of Huntington Beach shall refrain from conducting any 21. activity that would interfere with the City's ability to achieve Project approval,in compliance 22 with the California Environmental Quality Act. 23. 6. Respondent City of Huntington Beach shall make and file a return to the Writ 24 of Mandate on or before March 21, 2012. 25 26 27 28 36608.005t4811-B173-9534v.2 JUDGMENT GRANTING PLTMON FOR mur OF hill NDftTE H13 -147- Item 8. - 8 1 7. Under Public Resources Code Section 21168.9 (b)s this Court retains ' 2 jurisdiction of Respondent's proceedings on the Project by way of a return to the Peremptory 3 Writ of Mandate until the Court has determined that Respondent has complied with the 4 provisions of CEQA. 5 8. Petitioner shall be awarded its costs of suit, 6 7 Dated: February/ 2012 8 Cy Wieben Stoc c 91 Judge of the Superior Court 10 Prepared by: ed o .11 o i HART,KING&COLDREN € U � z o 12 < � 3 13 By: S 14 Bo L.Hill Att rneys for Petitioner, ) ° o g 15 Pacific Mobilehome Park,LLC 16 a d D < 117 Approved by: 18 JENNIFER MCGRAT14, City Attorney 19 20 21 By: Scott F.Field,Assistant City Attorney 22 Attorneys for Respondent, City of Buntington Beach 23 24 25 26 27 ?s 36609.005/4911-9173-9534v 2 JUDGALENT GJUJVr NG PET1T10N FOR W]bT OFkf"DXTE Item 8. - 9 HB -148- ATTACHMENT #2 He -149- Item 8. - 10 3 4 ELECTRQ ICALLY R EIVED Superior urt of C rfamh. Count rf f ange $ tfi2i09 `a 11:3D:_ Atvl Clerk o he Sup e' .r Court 6 By 50 a Wlson,Dep i Clerk 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ORANGE—CIVIL COMPLEX CENTER 10 I I PACIFIC MOBILEHOME PARK,LLC, a CASE NO. 30-2011-00449749-CU-PT-CXC 1 California limited liability company, z 12 Assigned for all purposes to: 1 z ° 0 r, Judge Nancy Wieben Stock 0 0 13 Petitioner, Dept. CX 105 ° o a 14 PEREMPTORY WRIT OF MANDATE � r � vs. U kt 15 z o < 16 CITY OF HUNTINGTON BEACH, a ) a o California Municipal Corporation, acting ) < o 17 by and through its elected City Council; and DOES 1-50-2 l8 191 Respondents. 20 21 crTY Of: OFFICE OF Ta;E -•••- -•---- SERVED ON: } 23 24 25 PROCESS 5EWIfM�J 26 -17D 110 a3' 7 E. - i 28 1 36608.005/4 825-3885-9022v2 PERF„nTr,nt•...'IT OF AdANDATE Item 8. - I I HB -150- I Judgment having been entered in this proceeding, ordering that a peremptory writ of 2 mandate be issued from this Court, 3 IT IS ORDERED tbat, upon service of this Writ, Respondent City of Huntington 4 Beach shall: 5 1. Set aside and vacate the certification of Mitigated Negative Declaration No. 6 09-001 for the Atlanta Avenue Widening Project. 7 2. Refrain from conducting any activity that would interfere with the City's g ability to achieve Project approval in compliance with the California Envirownental Quality 9 Act. 10 3. Mahe and file a return to the Writ of Mandate on or before March 21, 2012. r;z; 11 4. - Under Public Resources Code Section--21168.9 (b), -this Court retaini '0, x 12 jurisdiction over Respondent's proceedings on the Project and its environmental review by 13 way of the return to this peremptory writ of mandate until the Court has determined that 14 Respondent has complied with the provisions of the California Environmental Quality Act. 0. g Q g 11 15 5. In accordance with Code of Civil Procedure Section 1094.5(f) and Public 16 Resources Code Section 21168.9 (c), nothing in this Writ directs Respondent to exercise its a 17 lawful discretion in any particular way. 18 19 Dated: February / 2012 20 Nfincy Wieben Stock Judge of the Superior Court - 21 22 23 Prepared by: 24 HART,ICING&COLDREN 25 In 26 , By: 27 o L.Hill Attorneys for Petitioner 28 1 Pacific Mobilebome Park,LLC 2 36606.005/4625 3BBS-9022v 2 PEREMPTORY)TWIT OT A14NUI TE HB -151- Item 8. - 12 I Approved by: 2 JENWER McGRAM, City Attomey 3 5 By' Scott F.Field,Assistant City Attorney 6 Attorneys for Respondent City of Huntington Beach 7 3 9 10 Nuc 11 U _ 12 < o � y5 13 0 , 14 p 015 r� aCfi y 16 -ton c. c U 17 N w �' 18 19 20 21 22 23 24 25 26 27 28 36608.005l1625-3835.9U'.2v.2 3 PEREUPTORY 1jIW OFdfANDATE Item 8. - 13 HB -152-