We thought three stories was a thing of the past, but in less than two weeks, and with barely any notice, architect Mark Lyon and his client, developer Michael Krambs, will attempt to leapfrog over the community planning process and go straight to San Diego City Planning Commission to get approval for their 3-story project.

It is critical that this project not be approved at any level, as it would open the floodgates for other developers to use the same tactics to circumvent the two-story limit.

A bit of background…

As many of you know, architect Mark Lyon was a major force in the attempt to change our zoning laws to permit three stories in La Jolla's commercial zones. Despite the resounding defeat of his efforts in May of 2006, however, he has continued vigorously to push his three-story project on La Jolla Boulevard (called "Bird Rock Station") through the local and City Planning process. Developer Michael Krambs is the owner of the property and Lyon's client. He seems similarly unconcerned about the community's desire that our two-story limit be honored.

Lyon and Krambs are attempting to use a mechanism called a “Planned Development Permit” to excuse this breach of the PDO. Under the Code, if such a project offers a “Public Benefit,” there can be exceptions to the 2 story limit. Lyon and Krambs are arguing that simply building their project will offer a “public benefit,” and therefore they can deviate from the Code and build to three stories. This is a highly dubious interpretation of the Public Benefit rule.

Moreover, Lyon and Krambs’s project was rejected by the CPA last year, and sent back for redesign in line with the PDO.

Rather than bring the project back to the CPA, however, Lyon and Krambs have decided to go straight to the Planning Commission. As a result, on May 1st 2008, the CPA voted to send a letter to the Planning Commission requesting that the hearing be continued in order for the CPA and the community to have the opportunity to review and vote on the project first.

Because Lyon and Krambs have not submitted the project for community review, we have not been able to study what revision they have made, if any. Several Bird Rock residents have gone to the City, to review the plan, however, and report that it appears to be substantially the same. This would not be surprising, given that Lyon and Krambs have never really made any meaningful changes to the project so far.

So why are Lyon and Krambs so confident they will be able to push their project through?

If the Planning Commission were to follow the law, the project would be denied. But if Lyon thought his project was going to be denied, he probably would not bother going to the Planning Commission, would he?

There may be a couple of factors Lyon is counting on. First, it's well known that Lyon has strong influence and long-time relationships with the City's Building Services Department. So he may well have the Building Services staff ready to recommend that his project be approved, regardless of the zoning and the community's position.

Second, it may be that Lyon is counting on the Planning Commission to bend to the wishes of the Building Services staff as well as the influence of our Councilmember Scott Peters. Lyon is close with Councilmember Peters, who was very much in favor of three stories in Bird Rock, at Nautilus, and on Pearl Street, though Peters later backed down from his position in response to public pressure.

On the other hand, it may be that if the Planning Commission denies his project, Lyon plans to appeal to the City Council, where Scott Peters certainly has enough influence to get a favorable vote to approve the project.... Of course, if that were to occur, we would have the will and the way to take the matter to court.

The key for us as residents of La Jolla is to remain clearly committed to preserving the integrity of our zoning laws - for the benefit of all of La Jolla for generations to come.

How you can help right now:

The most important thing you can do is help get the word out to our community.

1. Locate your yard signs. We’ll let you know when to put it up or bring it somewhere! If you need another sign or know someone who wants one, please send us an email.

2. Please put May 22nd on your calendar and attend the Planning Commission meeting. This is on a Thursday, so if you are not working that day, please come. E-mail us about carpooling and we'll get you set up.

3. Volunteers are needed to go door to door in the area to inform people and solicit support. If you can participate in this, send us an email.

Read on for a letter from Bird Rock Residents:

Greetings,

While there have been many rumors over the last year and a half about Bird Rock Station being changed or being sold, they are back with a plan for a three story project.

Bird Rock Station is docketed at Planning Commission downtown on May 22. We just received the notices this week.

The project that is being heard by the Planning Commission has not been reviewed for a vote by the community. At the last La Jolla Community Planning Association meeting, a vote was taken to send a letter to the Planning Commission to ask that the project be 'continued' until the community has an opportunity to vote on this design.

Some residents went down to Development Services at the City of San Diego to review the currrent submitted design.

It continues to be a three story project in a zone that has a two story limit.

As a result, we must all do what we can to let others know what is going on. We are getting the word out to the wider community, but we need local involvement as well.

Coupled with this, we learned that yesterday Mark Lyon (the architect on the project) has been attempting to gain support for his project. He is going door to door on the Boulevard to the local business owners, asking them to sign a letter in support of the project.

The body of Lyon’s letter says:

'I would like to register my strong support for the Bird Rock Station project that is being considered.'

'I believe the project is long overdue and will definitely be an asset to the Community of Bird Rock.'

There is no mention of the fact that this project is three stories and thus violates the PDO/zoning. So unless the business owner knows the past history of the project and has an opportunity to hear a public review of it, where the hard questions can be asked, they would have no idea about the landmine they are stepping on by signing such a letter.

If these business owners knew about the tremendous community opposition to the project they may not choose to take such a controversial position.

As a result, we are circulating an alternate letter for all of us to distribute to our neighbors. If you are able to go door to door to ask your neighbors to sign it, please e-mail NoThirdStory and they will put you in touch with us.

Please forward this to anyone that you know who you think would be interested and/or willing to help.

Thank you,

Concerned Bird Rock residents