Settlement
Shrink Palladium At Aero Lawsuit Settled
The lawsuit to shrink Palladium at Aero was settled out of court with very favorable conditions for the community of Serra Mesa. We could not have achieved this important victory without your support.
Our Shrink Palladium campaign focused on addressing the impact of this and future development on the community, particularly along Aero Drive, which the City has targeted as a prime area for City of Villages infill projects. The terms of the settlement reflect that focus. The settlement includes the following:
- A reduction of 52 units from the 412 units originally planned. The new maximum will be 360 units.
- Significant additional parking requirements, increasing from 1.5 to 1.65 spaces per 1 bedroom unit and from 2.0 to 2.25 spaces per 2 bedroom unit. Depending upon the final unit mix, this equates to about 70 more off-street parking spaces at the reduced unit count.
- Reduced the height along Aero Drive and Sandrock Road from 4 stories down to 3 stories.
- Increased the setback along Aero Drive by 32 feet, matching the Gamma Scientific building setback.
- Increased the setback along Sandrock Road, matching the Aero Office Park setback.
- The south setback, stepback, articulation, landscaping and all related items previously agreed upon with the Serra Mesa Planning Group shall be maintained.
- Two permanent radar speed checkers will be paid for by Westcore and installed on Sandrock Road.
- A $25,000 trust fund will be established for the Serra Mesa Community Council to use at our discretion for future independent traffic studies.
- Our attorney fees and lawsuit costs will be reimbursed by Westcore.
- The Serra Mesa Community Council through its attorney will receive notice if there are any proposed revisions to the project.
- There will be enforceable remedies should the developer propose to build differently from what is agreed.
If we had not settled and the case had been heard by a judge, we believe that because of the inadequacy of the Mitigated Negative Declaration the judge would have ruled that an Environmental Impact Report must be conducted. This would mean that the development approval was annulled, and Westcore would have to start over. They would have to submit a new project proposal to the City and spend a lot of money (more than $200,000) to conduct the study. In order to recoup the costs, it’s likely the resubmitted project would be denser, have less parking, narrower setbacks, etc. The whole process would begin again with hearings and have an unknown outcome because many elected officials and City staff have indicated that they are supportive of infill housing and densification.
The negotiation process was long and arduous. The community representatives held firm to terms that would decrease real impacts and rejected a merely financial offer. We worked diligently to represent the best interests of Serra Mesa residents, and learned a lot. The lawsuit sends the message that the impacts of development on Serra Mesa must be addressed and we’re willing to take action to defend our community. Our attorney, Craig Sherman, was phenomenal. He gave us valuable advice, great support, and expert legal representation.
Anyone donating a $100 or greater will receive a letter from the Serra Mesa Community Council. Contributions made it possible to pursue the lawsuit. Please note that the Council is receiving reimbursement for lawsuit costs only. No additional funds have been awarded to the Council. Any funds not refunded to donors may be used to establish a reserve for use in case any development proposal requires future action.
Community Action Committee, Serra Mesa Community Council
Additional Information
- The San Diego Union Tribune published a story on our community success on December 25, 2009, one year to the day from their initial coverage of our lawsuit.
