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Groups sue over condos

They seek court order to stop the Aerie project, a recently approved luxury complex. The plans stand in violation of several laws, they say.

September 01, 2009|By Joseph Serna

An association calling itself the Save Irreplaceable Landforms Coalition and two Native American tribes are suing Newport Beach and its City Council over a luxury condominium complex recently approved for construction in Corona del Mar.

The Juaneño Band of Mission Indians and Acjachemen Nation are joining the coalition in civil court, claiming that the 61,000-square-foot Aerie complex would violate the California Environmental Quality Act, the city’s general plan, the municipal code and several land-use laws.

The groups are seeking a court order to stop development of the property.

The Aerie Project has been controversial since its inception because of how it could affect the bluffs. Land developer Richard Julian has had his eyes on developing the land he bought seven years ago at Bayside Place and Carnation Avenue into a seven-story building with luxury condos. The neighborhood was divided over the issue and Julian agreed to take off a level, re-planning the Aerie into a six-story complex with eight luxury units with their own pools and private decks.

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Today, the plot still has a vacant, 60-year-old, 14-unit apartment building on the land.

The lawsuit claims that Julian’s complex was predestined for approval and city officials avoided as many hurdles as possible to get it through. But it wasn’t until a July council meeting this year when it finally got the go-ahead in a 4-2 vote. Julian’s plans went through a gantlet over the years, including five Planning Commission meetings and two previous council meetings before its ultimate success.

Attorneys representing the landforms coalition and Native American tribes declined to comment.

In a memo to city leaders, Newport Beach City Atty. David Hunt assured them that while his office did due diligence to make sure the project would stand up to scrutiny, his office will review the lawsuits concerns anyway.

“The city conducted a full environmental review of the project and determined it was consistent with the local land use plan under the California Coastal Act,” the memo reads. “The office of the city attorney is currently evaluating the lawsuit and preparing to make a recommendation to the City Council on how to respond.”


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