Aerie Condos Trigger Group’s Lawsuit Against City

posted: August 31st, 2009 07:45 pm | 1Comment

DSC_5409An organization called Save Irreplaceable Landforms Coalition along with two Native American groups have filed a writ of mandate against the City of Newport Beach over the approval of the Aerie condominium project, Orange County court records state.

In July, Newport Beach City Council members voted 4-2 to approve Aerie, which would replace a 60-year-old apartment complex at Ocean Boulevard and Carnation Avenue with eight luxury condominiums. The project divided neighbors — some who passionately supported developer Richard Julian, and others who were bitterly opposed to everything from the building’s architectural style to the effect it would have on the coastal bluff.

Julian, who has spent seven years trying to create plans, said the lawsuit was a disappointment. “I made many concessions to the neighbors in order to improve their conditions,” he said. “The new buildings will be several feet below the height limit. We are decreasing the density from the 15 residences that are there today to only eight.”

He said he removed all windows from a side of the building that bothered a neighbor, then redesigned the plan to move the new building 12 feet farther from their house than what is there today. “I tried to be a good neighbor and see if there was anything we could do to make the plan acceptable to them,” he said.

“I’m really disgusted,” he said Monday evening. “The city made a decision, and that’s not good enough for them. It’s time to stop.”

Members of the coalition were not named on the court records available online. Marilyn Beck, a neighbor who has spoken against the project at several public hearings, said on Monday that she knew nothing about the group.

The Native American groups were the Juaneno Band of Mission Indians and the Acjachemen Nation, which are seeking federal recognition as an organized tribe and has headquarters in San Juan Capistrano. Calls and emails to the group through its website were not immediately returned.

Construction will require removal of 25,240 cubic yards of bluff. The building would be six levels, some subterranean. Architect Brion Jeannette designed the condos, which would have a curved, flowing shape in the style of Spanish artist Antoni Gaudi.

According to court records, the writ was filed Friday but has a start date of today and no hearings are currently scheduled. The City of Newport Beach as well as the City Council were named as respondents. Julian said he has not seen the suit.

Read about the City Council’s vote here; and click here to read about the background of the project.

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