Indiana St. property. City staff found that the steep terrain prevented the developer from meeting land density requirements.

The City of San Diego's preliminary approval of a thirteen-unit condominium on the edge of Florida Canyon in North Park will now head to court.

On May 22 attorneys for North Park residents Lark Holden and James Stansell filed a lawsuit against the city council for awarding the developer an environmental exemption to demolish two single-family homes in order to make room for seven buildings housing 13 units located 3503 Indiana Street.

The lawsuit says the project doesn't comply with density requirements as laid out in North Park's community plan. The community plan requires 30 units per acre minimum whereas the development, proposed by IDEA Enterprises, will build less than half the requirement.

Attorneys for Holden and Stansell claim the city council approved a tentative map and accompanying environmental exemptions for the project on April 18, 2017 without including necessary zoning amendments needed to build a low-density development.

The developer fought hard to get the Indiana Street project approved. In January 2015 city staff objected to the development citing concerns with planned construction along steep hillsides as well as encroachment on sensitive habitats and fire risks.

Consultants hired by the developer, however, resisted the city's determination. In January 2015 consultant Terry Strom lobbied city planners to rethink their designation.

"After careful consideration, our design team has concluded that we feel our site terrain is not a 'Steep Hillside,'" Strom wrote to city planning manager Laura Black. "Therefore, we are requesting that you set up a meeting as soon as possible...to specifically discuss the steep hillside issue, and allow us to present to the city team why we feel that our site terrain is 'not' a steep hillside."

The consultants persuaded city planners to reconsider.

In May 2016 the city determined that the project was exempt from the California Environmental Quality Act.

Five months later, in October 2016, attorneys for Holden and Stansell warned the council of a lawsuit should they deny the appeal.

"We have repeatedly warned the city of our concerns regarding its processing of this project and have supplemented the record with substantial evidence both from subject-matter experts, lay opinion, and the city's own determinations on this and adjoining developments," reads an October 16, 2016 letter from land-use attorney Felix Tinkov.

"Should the city opt to nevertheless approve this development, we will have no choice but to let the courts determine the propriety of this action, putting the project into an extended state of suspension while these relatively straightforward legal matters are resolved in our clients' favor. Rather than put this liability on the applicant and waste the resources of the public on such unnecessary legal activity, we hope the council will make the right decision to direct staff to initiate amendments of both the Community Plan and General Plan, as well as rezoning the property to meet the applicant's desire."

City councilmembers denied the appeal on October 25, 2016. In their approval, council agreed with staff's recommendation to grandfather the project into the pre-updated community plan. In addition staff found that the steep terrain prevented the developer from meeting land density requirements.

"Due to the existing site development constraints within a heavily vegetated urban canyon area and environmentally sensitive Steep Hillsides on the premises, a lower density of seven units at this site represents a more sensitive approach to this unique area..." reads an April 18, 2017 staff report in support of granting a Site Development Permit, thus paving the way for construction.

Now, the city will wind up in court to defend its decision.

Reads the lawsuit, "Petitioners are informed and believe that the city staff worked extensively with developer in an effort to shrug off glaring violations of [the California Environmental Quality Act], the Municipal Code and General Plan policies to recommend the project for approval to the council."