The resident cited 14 alleged violations of state law by the city regarding its approval of the development. However, the project is only in the planning stage at this time and has yet to go before the city council for approval.
By Jonathan Friedman / Special to The Malibu Times
A local journalist and community activist filed a lawsuit on Monday against the City of Malibu over the Planning Commission’s approval of the Trancas Country Market expansion.
Hans Laetz, who has written for The Malibu Times, the Malibu Surfside News, and the Ventura County Star (he has not written for this publication since 2006 and said on Monday he no longer writes for the Surfside News, although he said he does do work for unspecified news media), cited 14 alleged violations of state law by the city in his suit that was filed with the Los Angeles Superior Court. The mall’s owner, Trancas Market Limited Partners, is also named in the suit.
Among the allegations made by Laetz is that more extensive analysis is required to determine the environmental impacts of the nearly 26,000-square-foot expansion. Laetz charged in the suit that an environmental impact statement, or EIS, is needed. An environmental impact report, or an EIR, is the highest form of analysis done for major developments in this state. A mitigated negative declaration, or MND, which involves less analysis than an EIR, was done for the project. Laetz called the MND “inadequate.”
City Attorney Christi Hogin declined to comment on the suit because she had not received it as of Monday evening. Mayor Andy Stern said he had heard about the suit, but said commenting on it would be “inappropriate” because he does not like to discuss pending litigation.
Laetz said in an interview on Monday that he filed this week because state law requires a California Environmental Quality Act suit to be filed “within 30 days of a decision.” Laetz also has the right to appeal the Planning Commission’s ruling to the City Council or the California Coastal Commission. The Planning Commission has the authority to approve a project and issue permits, but any decision by that panel can be appealed. All projects can be appealed to the City Council. And projects located in what is known as the “Appealable Zone” (which this one is) can be appealed directly to the Coastal Commission. In addition to his suit, Laetz said he does plan to file an appeal with the Coastal Commission.
If this case does go to court, Laetz said he would represent himself. “I like to pursue it using my own talent,” Laetz said. “My company (Zuma Impact LLC) analyzes EIRs. I’m very competent to do it.”
Dan Bercu, developer of the Trancas Country Market, noted that the project has been scaled down, including last month’s elimination of an 11,000-square-foot stand-alone building from the project. He said he does not know what else he could do to please the detractors.
“You can never make everybody happy,” Bercu said. “I can understand what Obama is going through with his healthcare plan.”