Ocean View School Dist. v. City of Huntington Beach CA4/3

FACTS

In light of the limited issue before us on appeal, the following facts suffice. The Beach and Edinger Corridors Specific Plan was adopted by the City in March 2010. There were four projects to be analyzed in the Environmental Impact Report (EIR) for the specific plan, but it was decided each of the projects would have its own EIR in order to provide the public and the “decision-makers” adequate time to analyze each project. The January 2011 draft EIR for the Beach and Warner mixed-use project stated the proposed project is located on the southwest corner of Beach Boulevard and Warner Avenue in Huntington Beach. The project included retail businesses, restaurants, a three-level parking structure, and 279 residential dwelling units. The draft EIR noted the proposed project site was contemplated by the EIR for the Beach and Edinger Corridors Specific Plan. Decron owns a majority of the property within the project site and Lichter’s property is “sandwiched” by Decron’s. Initially, Lichter agreed to have his property included in the EIR analysis although he had not made a decision to join in the project.

3 OVSD opposed approval of the EIR. At the October 25, 2011 planning…