Group files new suit against Los Arboles
by Bret Bradigan

Not content to take a chance on a judge's ruling expected shortly, the Environmental Coalition of Ventura County filed suit against the city of Ojai to pre-emptively halt the Los Arboles condo project.
The city, and developer Lance Smigel, were served with their notices Dec. 27.
Russ Baggerly, the president of the Environmental Coalition, said the suit was filed "to preserve our right in these issues." The Environmental Coalition contends that the variance granted to the 23-unit Los Arboles condominium project, narrowing the allowed distance between buildings from 45 to 25 feet, was illegal. The city contends that the variance no longer matters, since the Ojai General Plan was amended to allow the narrower setbacks.
In October, Judge Johnson kicked out the environmental review report for Los Arboles, ruling that it did not follow guidelines set by the Ojai General Plan. She also cited deficiencies with the project's traffic impact report, and the developer's contention that the project's high density was needed to make it profitable.
The city responded with the information the judge requested and challenged parts of her decision. She took the new information under advisement at a Dec. 20 hearing and is expected to make her ruling soon.
Should the judge rule in their favor, Baggerly said, "We'd drop the suit."
Rae Hanstad, Ojai City Council member, said this latest suit was "more of the same ... trying anything to stop the Los Arboles project in court."
While the city contends that the variance is no longer at issue because of the change to the general plan, Baggerly said, "The zoning change is inconsistent with the general plan" ... and that the city needs to "make the project consistent with its policies and approve it."
Another important inconsistency, Baggerly said, is that levels of service for traffic used to determine the project's impacts came from Ventura County, "and have no relevance whatsoever. The city has to adopt its own LOS."
Despite having been a party to previous suits against Los Arboles and the city, the Citizens to Preserve the Ojai did not take part in this action. Stan Greene, the CPO's administrative director, said it was an issue of timing and coordination over the holidays, and does not reflect any disagreement with the suit's aims.
"The vehemence of the opponents is surprising," said Hanstad, "since this is an infill 'smart growth' housing project on property already developed long ago. Los Arboles is exactly the kind of growth promoted by S.O.A.R. advocates such as the Environmental Coalition itself."

© 2003 The Ojai Valley News

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