A lawsuit is seeking to slow or stop the planned Adelante Townhomes project in Bird Rock that has been in the works for more than three years. <\/p>\n
The suit, filed in Superior Court in San Diego and recently amended, looks to overturn the city of San Diego\u2019s approval of the project and keep the city from issuing any more permits that would allow the development to continue.\u00a0<\/p>\n
The Adelante Townhomes proposal from developer Murfey Co. seeks to demolish an office building and replace it with a multi-story building with 13 townhouses and ground-floor retail space at 5575 La Jolla Blvd., at Forward Street. The project would total 21,485 square feet and include a basement, covered parking and roof decks.<\/p>\n
The court petition was filed by land-use attorney Julie Hamilton on behalf of a group called the La Jolla Village Residents Association. The respondent is the city of San Diego, with Pelican Venture LP (for which Murfey Co. principal Russ Murfey is the registered agent) listed as a party of interest. <\/p>\n
Neither the city nor Murfey Co. immediately responded to the La Jolla Light\u2019s request for comment.\u00a0<\/p>\n
The La Jolla Village Residents Association \u201cand the La Jolla community have been injured as a result of [the city\u2019s] actions approving the project,\u201d the filing states. \u201c[The city\u2019s] actions adversely affect the aesthetic, economic, environmental and health and safety interests of [the residents] and the adjacent community.\u201d\u00a0<\/p>\n
The suit argues that the city \u201cimproperly granted the coastal development permit for the project by failing to provide substantial evidence for the findings that support its approval.\u201d <\/p>\n
It also spells out other objections, contending\u00a0the project does not have enough retail on the ground floor, further violates the San Diego Land Development Code by having residential space on the ground floor, is too big, doesn\u2019t provide enough landscaping or adequate loading zones and more.\u00a0<\/p>\n
The project was first proposed in fall 2022 without ground-floor commercial space, deviating from local building codes. However, it was given density bonuses and waivers to allow it to be built to the proposed size and specifications, including without the requirement to have retail on the ground floor.\u00a0<\/p>\n
But that was an issue of contention in community hearings as opponents questioned whether the waivers and incentives being used to bypass the retail requirement were being applied correctly.<\/p>\n
The Bird Rock Community Council was introduced to the Adelante Townhomes plan in November 2022 but did not vote<\/a>. In the months afterward, the proposal was heard by other La Jolla planning groups.<\/p>\n The Development Permit Review Committee held two hearings on the project in December 2022. Some speakers said the Planned District Ordinance requirement for retail on the ground floor should be honored, while others said the number of vacant storefronts along La Jolla Boulevard indicated that more retail is not needed.<\/p>\n The DPR voted to support the development<\/a> at the second hearing.<\/p>\n The Planned District Ordinance Committee voted the following January<\/a> to support the plan, though it determined it did not conform to the PDO because of the lack of ground-floor retail.<\/p>\n The Community Planning Association board voted 9-2<\/a> in February 2023 to support the development, but it took back the approval a month later after hearing new objections from community members and asked its committees to review the project again.<\/p>\n Upon re-review in March 2023, the PDO Committee again decided the project did not conform to the PDO, but it did not take a position of support or opposition.<\/p>\n The proposal then went back to the DPR Committee, which again gave its support<\/a> in April 2023.<\/p>\n The Community Planning Association voted in favor of the proposal again<\/a> in May 2023 and submitted its findings to the city of San Diego.<\/p>\n In September 2023, the applicant team announced it had revised the project<\/a> to include about 1,100 square feet of ground-floor retail space on the corner of La Jolla Boulevard and Forward Street, as well as to redesign a residential unit at that corner to be one story over the retail. Murfey Co. also designed an entrance to the retail space at sidewalk level that complies with the Americans with Disabilities Act.<\/p>\n After the company decided to add the retail, the Bird Rock Community Council held two lengthy meetings about it in September and October 2023 before deciding the following month to take no position on the project<\/a>.<\/p>\n In September 2024, the San Diego Planning Commission voted unanimously to support the development.\u00a0<\/p>\n Soon after, Hamilton filed an appeal<\/a> representing area residents, asking the City Council to overturn the commission\u2019s approval and send the applicant back to the drawing board.\u00a0<\/p>\n