OCEANSIDE — A local environmental organization recently settled its lawsuit against the developers of Tierra Norte, a 359-unit housing project in South Morro Hills.
Preserve Calavera, a North County-based nonprofit and open space advocacy group, took legal action against the city of Oceanside and project developers SoCal AG Properties and Nagata Brothers following the City Council’s approval of the project in August 2022.
The Tierra Norte development consists of housing over 26 acres on adjacent parcels at 4617 and 4665 North River Road. As part of the project’s approval, the city rezoned the land use designation from light industrial to medium-density residential.
The change in zoning would have allowed for up to 500 homes, but an established Planned Block Development Overlay District limited that cap to 400. That cap was changed to 359 when the council approved the project. However, neighboring residents continued to push back against the high number of units.
In Preserve Calavera’s lawsuit, the organization cites the public’s top concerns about Tierra Norte: wildfire hazards, fire evacuation issues, insufficient traffic studies, environmental impacts, and more loss of open space.
According to the nonprofit, the site was of particular concern because of its proximity to the San Luis Rey River and the area of Oceanside zoned for agriculture.
“After receiving testimony and despite the numerous expressed concerns on these and other issues, the City Council voted to approve the project and EIR,” the lawsuit states.
The lawsuit claims the project failed to comply with California Environmental Quality Act standards or consider environmental impacts adequately. The complaint alleges the project was unable to adopt proper mitigation measures and violated the city’s General Plan and Climate Action Plan.
Both parties agreed to several compromises in the settlement, including a “hard cap” on its currently proposed 359 units. Diane Nygaard, president of Preserve Calavera, explained that the council had approved 359 units but understood that the developers could return with a density bonus request for a “substantially higher number” of units.
Both parties also agreed to a two-story height limit for buildings in the first row of housing along the western property line. The agreement also addressed neighborhood impacts such as noise, light and air pollution and protected native plants and wildlife.
“Sprawl developments like this are the opposite of smart growth and cause increased traffic congestion, air pollution and greenhouse gases,” Nygaard said. “Our agreement reduces those impacts by including a comprehensive Transportation Management Program to reduce the number of single-occupant auto trips.”
Nygaard said he hopes residents will take advantage of the transit pass subsidies and other items as part of the program and that the city will require TDM programs for other residential projects in the future.
In return for the agreements, Preserve Calavera was required to drop the lawsuit and cannot object to the project any further.
Some neighbors were happy with the settlement.
“We are very pleased this agreement results in a project that is a better fit for our neighborhood,” said Amanda Solis, a nearby resident. “Height limits on the western boundary, addressing edge effects, improved landscaping and noise reductions will all benefit those of us who will be neighbors to this development.”
