Beach Brawl, La Jolla Style
"We each have the
fundamental right to develop our property..."
Over the course of the past five years, La Jolla Shores
property owner Bob Whitney has fought against neighbors and the La Jolla
Community Planning Association to demolish two single-story units located on
Avenida La Playa, in the La Jolla Shores Commercial District, to make room for
an 8518-square-foot three-story mixed-use building.
Source: San Diego
Reader | By Dorian Hargrove, Nov. 5, 2015
 |
|
llustration
of proposed building on Avenida de la Playa |
The fight will continue. On November 3, a community group
by the name of La Jolla Shores Tomorrow filed a lawsuit against the City of San
Diego, challenging their approval of Whitney's proposed development.
History
The project dates back to 2009. It was then that the La
Jolla Community Planning Association refused to support Whitney's project,
citing visual impacts as well as some environmental issues. The following year,
a hearing officer for the City of San Diego debunked their objections and
granted the necessary permits for the project, with some minor alterations. The
planning group appealed the decision. Councilmembers discussed the appeal the
following year and decided that the project required an environmental review.
During the following years, Whitney and members of the
planning group waged a war of public opinion. Whitney created websites and
launched community groups aimed at
lessening the power and influence of La Jolla planners and groups such as La
Jolla Shores Tomorrow. He called one such group La Jolla Shores Today. On
that website was the following message:
"The sole intent of this website is to dispel the
false, inaccurate and misleading information and images being circulated
throughout our community regarding our building. This information is being
dispersed by current and former La Jolla Community Planning Association
Trustees, such as Phil Merten, Joe La Cava and Myrna Naegle.
"We, like you, believe as property owners we each
have the fundamental right to develop our property in accordance with the La
Jolla Shores Planned District Ordinance, the La Jolla Shores Design Manual and
the La Jolla Shores Precise Plan."
In December of last year, as reported by the
*Reader,* Whitney sued the city and the La Jolla Community
Planning Association, claiming planners rigged elections to prevent Whitney
from gaining a seat and ensuring that longtime planner and city-council
candidate Joe LaCava continue to serve a chair of the group.
Fast-forward to October 5, 2015, when the city council
once again discussed Whitney's proposed development. Despite expressing some
concern, a majority of councilmembers, excluding La Jolla's representative
Sherri Lightner, approved the project.
Lawyered up
The La Jolla Shores Tomorrow group has now responded with
a lawsuit of their own.
In their suit, the group alleges that the environmental
impact report failed to review the actual scope of the project and the numerous
design changes. Adding to it, says the lawsuit, the environmental review
neglected to address visual impacts, transportation and traffic impacts,
hydrology issues, as well as the project being out of step with the surrounding
architecture.
"The City Council failed to consider the Project along
with its consideration of the [environmental impact report], thereby
foreclosing the city council’s ability to reach its own conclusions concerning
the contents of the [environmental impact report]. The city council heard the
[environmental impact report] without hearing the merits of the project and
therefore did not have the ability to modify the project to avoid or lessen
impacts."
The group is asking a judge to rescind council approval
of the project as well as any permits issued.
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