Lawsuit filed to stop Playa Vista 2
Playa Vista Phase II - opposed by the Venice
Neighborhood Council, but approved by the L.A. City Council - is being
challenged in court.
The City of Santa Monica, Surfrider
Foundation, representatives of the Tongva/Gabrieleno Native Americans and the
Ballona Wetlands Land Trust filed papers in Los Angeles County Superior Court
Friday challenging the approval of the second phase of the massive development
at Playa Vista by the City of Los Angeles without preparation of an adequate
Environmental Impact Report (“EIR”), and in violation of the
City’s General Plan. The issues raised in the complaint are as diverse as
the parties to the lawsuit.
The suit
contends that the EIR is inadequate because it fails to consider the
environmental impacts of, and mitigation measures for, the
following:
1. unethical and unnecessary
removal of close to 400 burials from a Native American burial ground. The
Project site overlays the likely site of a Native American cemetery, is listed
by the State Native American Heritage Commission as a sacred site, and is
considered sacred by the Gabrieleno/Tongva tribe of Native
Americans.
2.
tremendous increase in traffic to already gridlocked surrounding boulevards and
highways;
3. shallow subsurface
thermogenic (methane) gas in concentrations that exceed the lower explosive
limit of methane gas, by five times or more in some locations below the project
site (a former oil
field);
4. large volumes of
wastewater generated by the project, which will contribute to the demand for
expansion of the Hyperion Treatment System and exacerbate shortages in plant
capacity;
“The desecration of our
ancestors is an atrocity – it is barbaric,” said Anthony Morales,
Tribal Chairman/Chief, Gabrieleno/Tongva Tribal Council of San Gabriel.
“Because this development is being constructed on top of a village,
finding more artifacts throughout the property is not only likely, but should
halt this project and force Playa Vista to re-bury the burials already dug
up.”
In addition, the EIR’s
“No Project Alternative” never fully considered the fiscally and
ecologically superior plan submitted by Surfrider Foundation, and endorsed by
environmental groups, to utilize the site for cleansing diverted urban runoff
before releasing it into Santa Monica Bay. “The citizens of this City have
shown their support for clean water by passing the Clean Water Bond,” said
Joe Geever of the Surfrider Foundation. “Now it’s time for the City
to show they’re worthy of the people’s trust by seriously reviewing
every opportunity to clean up our urban creeks and
ocean.”
The City of Santa Monica
has raised serious concerns about the traffic from this project impacting its
residents, as well as thousands of others throughout the westside.
“The EIR completely ignores traffic impacts on Santa Monica
neighborhoods,” said Santa Monica Mayor Richard Bloom. “Adding
thousands of more cars to streets that are already congested is a huge step
backwards. Also the full impact of Phase I is not yet known -- the LA
Council promised everyone in 1993 that Phase II would not be approved before the
first phase was completed and the true environmental impacts of that phase were
known. This hasn't happened.”
The
Venice, Mar Vista and West L.A. Neighborhood Councils and community
organizations, including Ballona Wetlands Land Trust, convened a Town Hall
meeting at Venice High School auditorium on September 20 to allow 1,200
concerned residents to express their vehement opposition to the project and
clear support for the natural treatment wetland alternative. “We fully
intend to protect the remaining portion of the Ballona Wetlands ecosystem for
the benefit of all of this City’s residents,” said Tom Francis,
Executive Director of the Land Trust. “The bottom line is that the
investors want to sell this land and frankly they do not who care who they sell
it to. Our intent is to ensure they sell it to the public for permanent
protection.”
Los Angeles
Councilperson Cindy Miscikowski, whose district encompasses the wetlands
ecosystem, was present but unaffected by the overwhelming sentiment –
voting two days later to approve the project. Candidates for Miscikowski’s
soon to be vacated seat took the opportunity to publicly oppose Phase 2, gaining
them loud cheers from the crowd.
The
first phase of Playa Vista, just east of Lincoln Blvd, on both sides of
Jefferson Blvd., is currently in development and estimated to be less than
half-completed. The litigation targets Playa Vista’s second phase of a
larger, 450 acre Playa Vista development. Playa Vista is considered the largest
single development of its kind in the history of Los Angeles. Phase II
would include, among other things, the construction and operation of 2600
dwelling units, 175,000 square feet of office space, 150,000 square feet of
retail space and 40,000 square feet of community serving
uses.
If built out as currently
proposed, the Playa Vista project would add 78,000 new daily car trips and pave
over a portion of the historic Ballona Wetlands ecosystem, the last remnant of
coastal wetlands in Los Angeles. The alternative to this phase of the
development is to restore the currently filled wetlands for natural treatment of
urban runoff – a popular concept currently underway in neighboring Orange
County.
Proponents of this alternative
point to the recently passed Proposition O as indication of the public support
for improving coastal water quality and one potential source of funding for the
wetlands restoration.
Posted: Wed - December
1, 2004 at 01:47 PM