Chill The Build Lawsuit Update (4/20/23)
On April 13th, a court hearing on HighRose occurred that involved Chill The Build, the HighRose developer and the City of Manhattan Beach. Chill’s lawsuit is making a substantial difference, and because of Chill’s persistence, the need for a California Environmental Quality Act (CEQA) review will be considered. The court also ordered a stay on the active HighRose/Verandas developer’s $52 million lawsuit against the City of Manhattan Beach. This means Chill’s legal efforts brought protection of health and safety issues to the forefront, and the court temporarily froze the developer’s lawsuit against the City, at least until July.
There’s been some effort to discredit Chill The Build by industry people and their investors, but that’s just noise. MB residents are smarter than that and recognize health and safety as a serious issue.
Residents might recall the developer filed a $52 million lawsuit after the 2022 City Council’s denial of the HighRose project in a 3-2 decision. After some City legal wrangling that made a re-vote possible, the new City Council reversed the HighRose project denial. Currently, the project stands approved, at least for now.
Chill’s lawsuit efforts stand for environmental health and safety and social justice for economically challenged families and individuals. It is opposed to what appears to be a billion dollar investor/developer venture perversely using housing density bonus laws to build a luxury apartment building that they otherwise would not be able to build. Instead, the developer is shoehorning six very low-income units to achieve this objective, disregarding that it will put these people, along with the rest, in harm’s way. It is argued that the building itself creates a hazard given its proximity to one of the biggest polluters in California.
To add insult to injury, HighRose will create serious traffic issues (remember the 2017 Road Diet?), make parking more difficult than it already is, and it does not fit with the aesthetics and small town feel that makes Manhattan Beach the beloved town that it is.
Will it ultimately become a short-term rental hotel? The City insists the short-term rental potential of this property can be avoided, but this appears to be a contentious issue between the developer and the City. The City suggested a legal covenant could be drafted and signed by the developer to avoid this action, but the developer previously indicated he would not. Some might believe the developer is holding the $52 million lawsuit over the head of the City to avoid this short-term rental covenant. It’s anyone’s guess as to why the lawsuit is still in place given that the project was approved by the new City Council.
Are MB City Council Members placing lawsuit fears over public safety? It’s possible they underestimated the impact of local neighbors who clearly see the issues this project faces due to the proximity of an old, large, polluting, active refinery. Those who voted for the project claimed that voting against the HighRose project is a disregard for the MB Treasury and the law. Somehow that’s more important than showing a disregard for health and safety of residents and social environmental justice issues? As a reminder, a rather large and distinguished group of 30+ mostly minority residents wrote a letter to City Council about social injustice concerns regarding HighRose. Do these Council Members not remember in studying the project issues and getting up to speed in such a short time the social injustice concern that was raised by residents prior to their reversal vote? Given all the debate over the social justice implications of Bruce’s Beach, those related to Highrose are being conveniently ignored by specific City Council Members, or worse, are not even being recognized. Were they really listening to residents or just checking off boxes?
The developer’s pending lawsuit will be stayed until Chill’s lawsuit is resolved. Chill’s lawsuit should ultimately determine if a full CEQA study will be required on the HighRose property prior to its development, and whether the project is discretionary as opposed to ministerial. That hearing is currently set for July 6, 2023.
Health and safety should aways be a priority over building or fears of lawsuits and need to be held in high regard. As a result of the State not effectively addressing housing shortage issues for decades, it now has taken a heavy handed one-size-fits-all approach that completely ignores the local zoning laws. It seems developers have been given carte blanche to build anything anywhere with the approval of their political cronies. Regardless, building still needs to be done responsibly; otherwise, they are just adding to a different problem.
Thank you to all the supporters of Chill The Build; however, Chill’s efforts still need support as they see a long battle ahead. Chill’s members are all Manhattan Beach resident neighborhood volunteers, and they foresee expenses relating to their continued efforts. Donations are appreciated at www.chillthebuild.com.
Expect this case to make headline news in the months to come. Should Chill win, this will be a huge victory for our residents and their safety and well-being. Listen to residents and build, but build responsibly.