The Lyon-Krambs Three-Story Project

THE STORY OF BIRD ROCK STATION

Note: Minimal changes have been made to the project since this was written in 2007. The entire discussion remains critical and relevant.

As many of you know, 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, however, he has continued vigorously to push his three-story project (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. They are attempting to use a mechanism called a "Planned Development Permit" to allow this breach of the PDO. They claim that if they offer a "public benefit," at the site, they can "deviate" from the Code. This is a highly dubious interpretation of the "Public Benefit" rule.

The "Deviations"

Lyon and Krambs are seeking two "deviations" from what is allowed under our zoning laws.

• Deviation #1: To build three stories in the two-story maximum zone.
• Deviation #2: To enter the parking from Bird Rock Avenue rather than the alley.

The problem with allowing these deviations are many. The two-story limit is the primary means of keeping commercial buildings in scale with the neighborhood as a whole, and adjacent residential properties – not to mention the key method for maintaining residents’ privacy. Two stories also is the only way that buildings can provide varied rooflines – squeezing three stories in 30 feet forces flat-roofed, boxy design. These are some of the reasons our PDO has a two-story maximum. In addition, a parking garage and delivery entrance on Bird Rock Avenue would eliminate precious street parking, back traffic up towards La Jolla Boulevard, and is not safe for pedestrians.

The So-Called "Public Benefit"

The "community benefit" Lyon and Krambs claim is a patio area between two 30-foot walls on the site, which Krambs has stated he intends to rent out to a restaurant or other retailer for outdoor use – and income for him! No reasonable reading of the PDO would consider this kind of outdoor retail to be a "public benefit," (public benefits fall into other categories). If it were that easy, the two-story maximum. would be meaningless.

What is the CPA voting on tonight?

This project is now at the CPA, with the approval of the "Coastal Development Committee" (the CDP). How could this be? Last Tuesday, Lyon and Krambs presented their project yet again at the CDP meeting. This committee has sent Lyon back to revise his plan in light of the three-story violation.

At Tuesday’s meeting, Lyon presented a redesign, inspired by the newly proposed "form based code" for the Bird Rock area. But he also showed drawings of his old design. The meeting was noticed to be on the redesign only, so it was unclear to those present why the old design was part of the discussion.

Amazingly, and as if it were pre-orchestrated, CDP committee member C.A. Marengo announced that he did not like the redesign, and then motioned for the committee to approve Lyon's PREVIOUS design, which violates the PDO. The motion was seconded, and the majority of the committee members voted in favor – carried by Lyon supporters Hayes, Merten and Marengo. Sherri Lightner expressed her shock and was the sole "no" vote.

Please let the CPA know that you do not approve of this misuse and abuse of our zoning laws. The trustees are mostly very –pro-development and favored not only three stories but also Mark Lyon’s actions, so they may not pay attention to the community. But it is imperative that our opposition be recorded.

The PDO was developed with extensive public input and written to prevent it being breached like this. If this avenue is opened to three stories, it would signal a major seachange in development in La Jolla.

More information on the project and community concerns

Bird Rock Station Timleline: This sets for the chronology of Bird Rock Station and shows that Lyon and Krambs have repeatedly reneged on promises to hold off on pushing their project through while the Bird Rock community develops on their form-based code.

Reasons for Voting No on Bird Rock Station: Sherri Lightner's objections to the vote by the Coastal Developmetn permit Committee approving Bird Rock Station

Bird Rocks Resident Objections: Sets forth a series of objections to the Bird Rock Station project by a group of Bird Rock residents.

More Specifics on Bird Rock Station:Sets forth more specifics on the project as of May 17, 2006. As we understand it, the project remains substantially the same.