La Playa Heritage

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Animal Protection and Rescue League and Dorota Valli versus the State of California, The City of San Diego Department of Parks and Recreation, et al. - Order - Filed March 10, 2008, United States Court of Appeals for the Ninth Circuit.

 

 

Village Propensity  figure of the Land Use and Community Planning Element of the General Plan, March 2008.

 

 

DENSITY BONUS PRESENTATION - March 15, 2007. 

 

AFFORDABLE HOUSING DENSITY BONUS - Using a State program to help the poor to delete development regulations including Height, Setbacks, Floor-Area-Ratio, and lower parking requirement in the Municipal Code. Skyscrapers with unlimited height will now be allowed all over San Diego, including breaking the sacred 30 foot coastal height limit law.

 

Please see Pat Flannery's Blog of San Diego for an in-depth analysis.

 

Density Bonus - Changes to the Municipal Code as of January 30, 2007 (Corrected Copy 1).

Yellow highlights show unnecessary changes to break the 30 foot coastal height limit and create skyscrapers throughout San Diego with taxpayers paying for mitigation.

 

Document Author
City of San Diego DSD, Bob Manis
City of San Diego - City Clerk
City of San Diego DSD, Bill Anderson and Jim Waring
City of San Diego DSD, Dan Joyce
City of San Diego DSD, Dan Joyce
City of San Diego DSD, Dan Joyce
City Attorney, Shannon Thomas
City of San Diego DSD
City of San Diego - City Clerk
City Attorney, Shannon Thomas
Katheryn Rhodes and Conrad Hartsell, M.D.
Katheryn Rhodes and Conrad Hartsell, M.D.
Katheryn Rhodes and Conrad Hartsell, M.D.
Katheryn Rhodes and Conrad Hartsell, M.D.

 

PLANNED DISTRICT ORDINANCES (PDO) AND DEVELOPER SPONSORED FORMED-BASED CODE.

Katheryn Rhodes and Conrad Hartsell, M.D.

Stepner Design - Michael Stepner and

HB3 Urban Design - Howard M. Blackson III
Council President, Scott Peters.
   

 

 

 

Reducing The Influence of Existing Neighbors On New Development Projects.

 

 

 

I just finished reading your article entitled "Decision Delayed on Broadway Site." http://www.signonsandiego.com/news/metro/20060727-9999-1m27nbc.html. I documented a similar situation with the California Coastal Commission and the City of San Diego.  The following is correspondence I presented to the City of San Diego Community Planners Committee on July 25, 2006. The report has two parts. First, the Development Services Department is trying to bypass the process regarding proposed Municipal Code Changes by dealing directly with the California Coastal Commission without permission from the City of San Diego. And Second, the DSD and the Building Industry Association (BIA) are trying to reduce the influence of existing residents on new construction projects in San Diego. The attached document contains letters and articles regarding reducing the influence of Community Planning Groups on new construction projects in San Diego. Please pay special attention to Pages 11 through 13. In General, the Development Services Department (DSD) along with the Building Industry Association (BIA) are trying to loosen development regulations in the City of San Diego Municipal Code by making projects ministerial (Process 1) review instead of discretionary (Process 2 through 5) review. Ministerial Process 1 projects do not need to conform to local Community Plans, neighbors are not notified, etc. The latest effort to reduce the input of existing residents on new construction is the Categorical Exclusion for Single-Family Homes in the Coastal Overlay Zone. Please forward the attached document to members of your Community Planning Group so that each CPG can discuss the consequences of the proposed Municipal Code Changes. After review the attached document, if you have any questions, please do not hesitate to contact me.
Katheryn Rhodes, 371 San Fernando Street, San Diego, CA 92106, 619-523-4350. Revised Categorical Exemption for Single-Family Residences in the Coastal Overlay Zone - July 2006.

 

CEQA MODIFICATIONS AND REDUCING THE INFLUENCE OF EXISTING NEIGHBORS ON NEW DEVELOPMENT PROJECTS.

CEQA Modifications and Land Development Code Changes.

December 28, 2005
Amanda Lee, Development Services Department, 619) 446-5367.

Subject: 5th Update to Land Development Code - Repeal CEQA Chapter 6 Article 9 Division 2.

Dear Ms. Lee,

I few months back I spoke to you regarding the 5th Update to the Land Development Code. Also, when you were on leave, I spoke with others in the
Code Department. Specially, we discussed the Repeal of the CEQA sections in Chapter 6 Article 9 Division 2. Based on your report PC-05-099 to the
Planning Commission, this section was to be repealed because "all of the 'pertinent' sections from Chapter 6 are already covered in Chapter 12."

After a review of your attachment regarding the Chapter 6 Description and where is can be found in Chapter 12, I have some comments. CEQA sections
are covered specifically in Chapter 12, Article 8. I do not believe that all 'pertinent' sections from Chapter 6 Article 9 Division 2 are covered
in Chapter 12, Article 8. I have three concerns regarding repealing Chapter 6 and they are as follows:

Section 69.0201-Purpose, Section 69.0214-Demolition Permits, and Section 69.0216-Habatat Acquisition.

1. Section 69.0201-Purpose. "The procedures and provisions of this article are intended to supplement the State CEQA Guidelines and to provide
additional guidelines for implementing CEQA and evaluating projects in the City."

This is the only sentence missing from Chapter 12 Article 8 [The only sentence that was not copied over from old Chapter 6 to new Chapter 12]. 
The most important words in the above sentence are 'supplement' and 'additional.'
This small change in wording may seem insignificant, but it reduces the City of San Diego Municipal Code CEQA Guidelines to the State CEQA
Guidelines. Many California development interests, such as the Building Industry Association and the Chamber of Commerce are intent on, and are in
the process of, reducing the influence of CEQA with the help of the State Legislators and the Governor.  Therefore, before deleting Section
69.0201-Purpose, please add this sentence [back] to Chapter 12 Article 8.

2. Section 69.0214-Demolition Permits. "… An application for a demolition permit shall be subject to environmental review where the demolition is an
integral part of a pending application for a development project requiring discretionary approval process such as the Hillside Review Overlay Zone or
Historical Site review. No demolition permit subject to environmental review shall be issued until the environmental review process is complete
and the potential impacts associated with the demolition permit have been considered."

According to your report, this section should be found in 129.0506. However, Chapter 12 Article 9 Division 5 – Demolition/Removal Permit
Procedures have nothing to do with CEQA or its requirements. CEQA is not mentioned once in the whole division. Therefore, before deleting Section
69.0214-Demolition Permits, please add this sentence to Chapter 12 Article 8. This section of CEQA is very important to preserving old, potentially
historic neighborhoods, such as La Playa and Mission Hills. Please do not take this section out of the Municipal Code.

3. Section 69.0216-Habatat Acquisition. “When a condition of project approval requires habitat acquisition or preservation of a habitat as a
feasible mitigation measure for offsetting or avoiding significant effects on the environmental caused by the project, the City Development Services
Director in conjunction with the City Manager is hereby authorized to enter into agreements with other public agencies or private non profit
conservancies or foundations for the acquisition and maintenance of such habitat, when and if appropriate. When the affected habitat area is small
and isolated, and it has been determined that the applicant cannot feasibly provide like kind replacement, the applicant may instead pay
monetary compensation into a fund administered by the City or other agency to be used for habitat acquisition or preservation of another habitat.”

According to your report, this section was Adopted in Biology Guidelines. This section does not belong in Guidelines but in the
Municipal Code. Therefore, before deleting Section 69.0216-Habitat Acquisition, please add this sentence to Chapter 12 Article 8.

I have attached copies of the relevant sections. Please call to discuss.

Regards,

Katheryn Rhodes, La Playa Heritage, 371 San Fernando Street, San Diego, California 92106, (619) 523-4350.

Attachment: 5th Update Issues.

Response From the City, January 4, 2006.

Notice: Public Hearing, Tuesday, February 7, 2006.

 

DOCUMENTS

 

 

http://www.govlawweb.com/pubs/govlaw/govlaw_11.html?section=2

Local zoning ordinances are not mandatory concerning federally-owned property within the city once the federal government transfers the property to the city.

Defendant city adopted a 30-foot coastal height limit on new construction. The plaintiff's surplus military property was exempt from the zoning ordinance because of the supremacy clause. Thereafter, the federal government transferred the property to the city. The city sought to enforce the ordinance. The trial court denied the writ.  The appellate court affirmed. Local zoning ordinances are not mandatory concerning federally-owned property within the city once the federal government transfers the property to the city. Only ordinances that are consistent with reuse plans for the property need be followed.

Save our NTC, Inc. v. City of San Diego (4th Dist. January 14, 2003) 105 Cal.App.4th 285 [129 Cal.Rptr.2d 306].

 

San Diego Bay Point Loma Portal La Playa Peninsula Naval Base History Naval Base Point Loma Subbase historic san Diego history san Diego historical Rosecrans street shelter island Fleetridge Roseville NTC liberty station midway san Diego yacht club southwestern yacht club envision san diego signonsandiego craigslist voice of san diego la playa trail submarine base subbase sub base pacific beach Cabrillo National Monument Catalina boulevard torrey pines scott street lighthouse coronado city of san Diego Point Loma Quadrangle Point Loma Association Peninsula Community Planning Board Mount Soledad Cross Shipyard Soils squamous cell esophageal cancer nassco new development zoning changes historical designation City of San Diego Development Services Department DSD Kevin Faulconer Lorena Gonzales Permit applications Point Loma Nazarene University PLNU Environmental Planning Commission Famosa Slough Sunset Cliffs CEQA Katheryn Rhodes Monster Homes new subdivisions Peninsula Community Planning Committee Voltaire Council District 2 SOHO Mission Hills Heritage San Diego Historical Society Heritage Architecture Historical Resource Board Meeting Uptown historic Context Two Years Before the mast Richard Henry Dana Point Loma Concert Series I pay one center san diego sports arena san diego symphony balboa park san diego padres san diego chargers san diego zoo san diego convention center rock 'n' roll marathon the san diego foundation point loma garden club point loma people for progress p3 point loma naval station cabrillo elementary school catholic charities diocese of san diego peninsula chamber of commerce dana middle school high tech middle school high tech high school point loma high school francis parker school audeo charter school loma portal elementary peninsula beacon  the big bay kettenburg parade of lights harbor excursion humphrey's waterfront bali hai fidder's green point loma seafoods humprey's by the bay pizza nova brigantine thee bungalow balboa park island prime c level five dollar chef water andersen nurseries westfield shopping center horton plaza mission valley fasion valley utc architecture california coastal commission county of san diego asce american society of engineers peninsula community plan arial photograph san diego daily transcript burlingame herbert kunzel robert mosher spanish revival mission style presidio park old town sdsu ucsd usd san antonio san fernando

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