More on Bird Rock Station

Despite the position of the community and the May 4th vote of the CPA rejecting the Lyon/Morton proposal, Mark Lyon is continuing to seek a permit to build a three-story building in "Zone 4," which has a two-story limit. (Zone 4 includes Pearl Street and various sections of La Jolla Boulevard, including Bird Rock.) Mr. Lyon’s client, Michael Krambs, is a La Jolla resident who has developed properties in the Sacramento and San Diego areas.

The Project

As of May 16th 2006, the Lyon/Krambs three-story project includes the following elements:

• Two floors of underground parking with approximately 55 spaces, accessed from Bird Rock Avenue;
• Just under 10,000 square feet of retail space on the ground level;
• 11 condos on the second and third stories;
• Four surface parking spaces off the alley.

Retail Space

To accommodate three stories, Lyon and Krambs propose to step the building down on the inside, so it would be at the 30-foot limit from the street, but from the interior it would actually be taller. The project proposes 9-foot ceilings for the ground floor retail space. Such low ceilings greatly diminish the attractiveness of a space for most retailers, as low ceilings and crowded businesses make customers feel uncomfortable. Thus far Krambs has been promoting the idea of finding a grocer for this space, but the project is not only too young, the 9-foot ceiling would almost certainly be too low to interest any such business.

The Condos

The proposed condos include nine 2-bedroom units and two1-bedroom units. Ten of the condos would face west, and some would have ocean views over the neighboring single family homes.

Parking

The plan proposes a total of 55 spaces; 17 for employees and customers of the retail businesses and 23 spaces for condo residents. 15 spaces are as yet unassigned. It is anticipated that these will be dedicated for guest parking (for the condos) and other uses. Lyon proposes to dedicate the few spaces to be used by neighboring businesses or the public, for a fee.

At the present, Lyon and Krambs are claiming that offering a few paid spaces of parking would provide a so-called "public benefit," that that this should result in the project being approved. This is dubious, however, and ignores the fact that paid underground parking is rarely used by the public except in very busy urban areas. Planners and researchers explain that people do not like to park underground, let alone pay to park – they would drive a block further into the neighborhoods to find a free space. In fact, a 1990 study of downtown La Jolla’s underground parking showed that less than 1/3 of the structures were being used – with a total of 2,000 empty spaces. Apparently the underuse continues to this day.

The "Deviations"

Lyon and Krambs have stated in the Coastal Development Permit committee meeting and at the BRCC community meeting that they are seeking two "deviations" from what is allowed under our zoning laws.

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

The problem with allowing these deviations are many, including the fact that the two-story limit is the primary means of keeping commercial buildings in scale with the adjacent residential properties – not to mention the key method for maintaining residents’ privacy. 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.

What is the process for getting a deviation?

It is still not clear how Lyon and Krambs intend to convince the City to grant these deviations. Technically, deviations are not allowed under La Jolla’s zoning laws. Nevertheless, Lyon is claiming the extra underground parking will benefit the local area to such an extent that his project should be permitted.

Lyon is working multiple angles to promote this project. He has appeared at La Jolla’s "Coastal Development Permit committee" (the CDP). He might try to get a recommendation from the PDO committee and the CPA as well. At the same time he is schmoozing it up at the City, and it may be that the planning department, with enough political pressure form the City Council, would decide to grant him the deviations itself. But if it does, it would be illegal. Strangely, the project manager in the Planning Department at the City of San Diego has stated that Lyon has not yet applied for the deviations in the manner in which states he has. We will keep up on all developments as they arise…

The Bottom Line: The Two-Story Limit Must Not be Circumvented

If Lyon succeeds in convincing the City to grant the deviations and permit a three-story project, it would pave the way for other developers to obtain deviations to build three-stories throughout La Jolla’s commercial zones – regardless of the public’s stance on the issue.

What you can do:

If you are interested in staying abreast of proposals such as Lyon’s, you can attend the Coastal Development Permit committee (CDP) Meetings. The Coastal Development Permit committee is comprised of members from the CPA and the La Jolla Town Council. The current members are (based on the info we have at the moment):

Appointed by the CPA: Louis Beacham, Lynn Hayes, Phil Merten, Marty Vusich, Ann White

LJ Town Council Appointees: Bob Collins, Sherri Lightner, Dave Little, JoAnne Pearson, Steve Pomerenke

The CDP meets the 2nd and 3rd Tuesday of the month at the La Jolla Rec. Center at 4 pm. To see the agenda, go to www.lajollacpa.org and click on the calendar. Historically, not all hearings before the CDP are on the advance agenda.