In a surprise decision, Santa Cruz County Superior Court Judge Paul Burdick ruled that the Santa Cruz City Council explored sufficient alternative options when it approved a plan to demolish the historic La Bahia Apartments to make way for a four-star hotel. The ruling, which was handed down Friday afternoon before a court audience of about 20 residents, went against Burdick’s preliminary ruling in February, when he sided with the Build a Better La Bahia Coalition, a group of Santa Cruz residents that had sued the city on the grounds that councilmembers didn’t consider only partially demolishing the aging Beach Street apartment complex, and thus violated state environmental laws.
“What they city council had before them was an all-or-nothing plan,” argued Susan Brandt-Hawley, a Glen Ellen-based lawyer representing the BABLBC. “The facts of this case don’t show that the city council had sufficient information to know if they could save this building. Part of this building could be saved and we could have something real instead of a Disneyland-type copy with no real value for the community.”
Burdick, however, was unmoved. The soft-spoken judge cited instances during city council meetings and other public hearings, in which city planners investigated what it would take to restore parts of the 84-year-old building, while still constructing a new facility. Those options, city planners have long contended, are too expensive to be feasible. By presenting these alternatives in public, however, Burdick said the city had effectively considered a satisfactory amount of construction options, despite the fact that a partial demolition was not included in final plans for the project.
“After having evaluated all the evidence, I’m going to deny the petition for the writ of mandate and all the grievances I’ve addressed on the record,” said Burdick, delivering his decision. “There was no failure to proceed in a manner according to [California Environmental Quality Act] law.”
Plans for the La Bahia property must still be approved by the California Coastal Commission, which will hear the case within the “next few months” according to its website.
