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SAVE DEL CERRO

Residents working together to stop overdevelopment, reduce traffic congestion and protect the health, safety and welfare of our neighborhoods and schools.

UPDATE JUNE 2007:

SDSU has released their 2007 Masterplan and Environmental Impact Report (EIR). You can review the plan here.

Briefly, SDSU now intends to develop Adobe Falls in two phases. The first phase will be the upper level, to be accessed from Mill Peak, which will include 48 planned units. This phase is being reviewed at the "project specific" level, which, practically speaking, means the project will be going forward quickly once the EIR is approved.

The second phase will be the lower level, to be accessed from the bottom of Adobe Falls Road. This phase is being reviewed under the "program" level of review, which ultimately means SDSU will need to publish another "project specific" EIR before it goes forward with this second phase. The lower level is planned to include approximately 124 units, assuming there is no alternate access route to the west put in place. However, if SDSU is able to identify a feasible exclusive alternate access route, the number of units in the lower level could climb to 300. Now is the time to write letters to SDSU regarding your concerns about this new EIR. The deadline to submit your responses is 5 p.m. on July 27, 2007. For more information on where to submit your letters, and who to cc, click on "How you can help".

The DCAC will be holding two (2) meetings for the purpose of allowing SDSU representatives to present their new plan for Adobe Falls to our community and to give our residents the chance to get their questions answered regarding the EIR. Please make note of the following dates:

1. June 28, 2007, 7 p.m., at Murray Hall, St. Therese Parish.

2. July 12, 2007, 7 p.m., at Murray Hall, St. Therese Parish.

Again, the aforementioned two meetings will be devoted to the Adobe Falls project. If you have concerns about the project, these are important meetings for you to attend. Tell your neighbors about these meetings. It is crucial that all residents are aware of the time sensitivity of sending in letters to SDSU regarding their concerns about this new EIR. If you have any questions, please don't hesitate to contact us at dcac@cox.net

OUR CAUSE:

In October, 2005, the Del Cerro Action Council filed a lawsuit (on behalf of the community) against the CSU Trustees under the California Environmental Quality Act ("CEQA"). This lawsuit is currently pending in the San Diego Superior Court. The City of San Diego and Alvarado Hospital each filed similar lawsuits and the three cases have been consolidated.

Del Cerro's principle concerns arise from the fact that the only ingress and egress for the large Adobe Falls Apartment/Townhome complex will run through the Del Cerro community. This will add thousands of cars every day on quiet, winding residential streets (some of which are currently cul de sacs) and which can only enter the community by passing between two elementary schools. Construction equipment will also follow the same route during the construction, and all emergency vehicles will follow the same route once the apartments are occupied.

Del Cerro's concerns have not been adequately addressed by the University which is taking the position that it will study the hazards and adverse impacts to the community, but will not undertake any expense to remedy them.

In other words, the University is refusing to pay for off-site infrastructure improvements which would mitigate the negative impacts of their development. The University has also refused to consider reducing the density of the development, despite the fact that 540 apartment/townhome units they plan to build is far beyond what the Community Plan prescribes for the area. The University claims that, because it is a state entity, it has no obligation to abide by the Community Plan.

While the University claims that the construction of this 540-unit development will enhance its ability to meet an increased enrollment, the majority of the Adobe Falls units are intended to be used for retired staff and faculty. We do not believe there is any evidence, data or studies to indicate that the university needs to provide off-site housing for retired faculty, let alone retired staff, in order to accommodate more students.

In an effort to settle the litigation, Del Cerro residents simply asked the University to propose any density less than 540 units, but the university has refused.

UPDATE SEPTEMBER, 2006:

Following the publication of the Supreme Court's decision in the City of Marina v. Board of Trustees, SDSU has stipulated to de-certify the Environmental Impact Report ("EIR") in this case. The related judgment and peremptory writ are available for review here on the "Court Documents" page.

It is important to note that although the decertification of the EIR is a huge victory for Del Cerro, the proceedings in this case are not over yet. SDSU intends to oppose all three Petitioners' Motions for Attorneys Fees. The university claims we are not entitled to recover our attorneys' fees because we are not the "prevailing parties".

The current briefing and hearing schedule for all parties is as follows:

11/03/06: Petitioners' Opening Briefs are due.
11/27/06: CSU/SDSU's Opposition Brief is due.
12/01/06: Petitioners' Reply Briefs are due.
12/08/06: Hearing Date.

UPDATE DECEMBER, 2006:Our motion for attorneys' fees was heard, as scheduled, on December 8. In short, the judge clearly made the right decision -- WE WON! Naturally, similarly situated Alvarado Hospital and the City of San Diego were also awarded their fees.

This is such an exciting victory for our community. Thanks so much to all our donors and volunteers for your vision, your faith and tireless support. Finally, this provides the ultimate vindication for your efforts.

The next step in the proceedings is a hearing to be held on January 12, 2007, regarding recovery of Petitioners' costs of suit. We will be sure to keep you posted as to the result.