Lawsuit stalls plan to replace Costa Mesa Motor Inn with luxury apartments
Plans to replace the Costa Mesa Motor Inn with high-end apartments and relocate long-term residents are on hold because of a lawsuit filed by a neighboring business against the city, the developer and a project consultant, officials confirmed Friday.
The Orange County Superior Court complaint argues that the planned apartment complex would interfere with cellphone towers on the quarter-acre occupied by Pals Vacuum Sewing Center at 2299 Harbor Blvd.
The 224-unit project could, the lawsuit asserts, interfere with the store’s ability to make viable economic use of its land and lower its value.
Pals owners Phillip and Karen Luchesi state in court filings that a qualified consultant found that the apartment complex could affect cellular transmission on their property as much as 30% or more.
The couple is seeking unspecified damages and a restraining order that would keep the project from proceeding while the lawsuit is pending.
The Luchesis allege that they raised their concerns with the city before the project’s approval in November, but that their arguments were “largely ignored or dismissed†as a private matter outside of the city’s jurisdiction.
The lawsuit also alleges that the City Council granted impermissible “spot zoning†of 54 units an acre for the project at 2277 Harbor Blvd.
City officials, however, have noted that the complex will be slightly less dense than the existing 1970s-era motel, which features 236 rooms on 4.15 acres.
With some apartment structures planned to reach 50 feet, the Luchesis contend the complex will subject their store, which sells vacuum cleaners and sewing machines, to undue shade and shadows. Their store opened in 1967, according to its website.
In addition to the city, the lawsuit names as defendants Los Angeles-based Miracle Mile Properties, owner of the Motor Inn and developer of the planned apartments, and Diamond Star Associates, a consultant.
“With the lawsuit pending, the project is on hold,†Miracle Mile representative Don Lamm said Friday. “We’re analyzing the merits of the lawsuit, and we will respond appropriately to the courts by the deadlines. We are sensitive to the plaintiffs’ concerns and will make every effort to resolve them.â€
The City Council discussed the case Tuesday in closed session.
City Hall spokesman Tony Dodero said Friday that the city is unsure how the lawsuit will ultimately affect the project or the relocation packages promised to the residents.
Long-term residents are eligible for up to $5,500 in benefits.
