Lawsuit Challenging Port of San Diego’s Waterfront Project Dismissed

Friday, 09 October 2009
Contact: Ronald W. Powell (619) 665-2815, John Gilmore (619) 341-5684

A lawsuit challenging a major waterfront project by the Port of San Diego and city has been dismissed.

The lawsuit, which was filed by a group called Public Rights to Bay Access and Parks, attempted to set aside the Board of Port Commissioners approval of the North Embarcadero Visionary Plan Phase 1 Coastal Access Features Project. The group had alleged the Port violated numerous provisions of the California Environmental Quality Act, the California Coastal Act and that the Port did not properly analyze the effects of other bay front projects on the area.

The Port was notified last week of the plaintiffs’ voluntary dismissal of the suit.

The $200 million North Embarcadero Visionary Plan will transform the downtown waterfront. In July, the Board of Port Commissioners approved the issuance of a Coastal Development Permit to begin the first phase of the project.

 

The $28.6 million first phase includes a makeover for Harbor Drive and West Broadway from Navy Pier to B Street. The first phase consists of a 105-foot wide esplanade with a promenade, garden areas, public art, kiosks, a new restroom and other infrastructure improvements.

Although the lawsuit has been dismissed, there is an appeal pending before the California Coastal Commission. A hearing is expected to be held early next year on that appeal. The project cannot proceed until the California Coastal Commission issues a Coastal Development Permit.

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