La Jolla Community Plan

by Councilman Scott Peters
for the La Jolla Village News
November 2003

Protecting and enhancing the community character of La Jolla has been one of my top priorities as a member of the San Diego City Council. In La Jolla as in many other communities, the road map to protecting that community character is the community plan. It establishes land uses in the community and designates where housing, shopping, roads and other public facilities will be located. On November 4th the City Council approved the update to the La Jolla Community Plan on a 5 to 3 vote. The plan will protect the unique character of La Jolla and consolidate the confusing and sometimes competing regulations that existed before the update.

Unfortunately some interests have run a campaign of misinformation to scare homeowners about their property rights. This plan is a compromise and the nature of compromise is that not all sides got what they wanted. I would not have supported a plan that devalued properties in La Jolla, and want to clear up some of the allegations that were made at the hearing. The approved community plan is a good one that will protect our community character. Below are answers to some of the questions posed:

Question #1:	"I live on a lot that is zoned for 2 residences, but we only have one house on the lot right now. Will this plan prohibit me from developing another house on my lot?"
Answer #1:	No. The update to the La Jolla Community Plan does not rezone any property in La Jolla and it does not change densities. Properties that are not on coastal bluffs or on hillsides already identified as protected under existing laws are generally not affected. In fact, we have begun a process to provide more certainty to hillside property owners about their development rights, without diminishing those rights.
Question #2:	"If our houses are damaged or destroyed by fire or other cause, we would be unable to rebuild them as they are now."
Answer #2:	No change to these requirements would be made by the community plan update. If your house conforms to City of San Diego municipal code regulations or if it is outside the coastal zone the house could be rebuilt to the previously conforming state. Under the current municipal code, if a house is destroyed in the coastal zone that does not conform to existing regulations, the new construction must get a coastal development permit and adhere to all current regulations when it is reconstructed. That means that a house that is within the bluff setback would have to be moved outside the setback.
Question #3:	"All yard space would be included in setbacks not just side yards"
Answer #3:	This is incorrect. The yards referred to in this policy refer to the existing setbacks in the current San Diego municipal code. This language would not apply to any undeveloped area of the site that is between the existing home and the required setback line when that structure is not built to the setback. Current law places height restrictions on structures and landscaping within side yard setbacks and front yard setbacks in order to maintain public views to the ocean. The existing La Jolla Community Plan encourages the utilization of side yard setbacks as visual access corridors in order to avoid a continuous wall effect in coastal areas.
Question #4:	"We would be required to bring the entire existing house up to current code should we make an addition to our house that cumulatively increases the overall square footage by 50%"
Answer #4:	A cumulative 50% addition limitation was added by the City in the 2002 plan pertaining to exterior walls. It was modified by the Coastal Commission to be calculated on floor area rather than the percentage of the walls. It balances the need to prevent the over development of coastal bluffs with the rights of homeowners to improve their homes. It does not affect any structure that is not within the bluff setback. Any structure that is within the bluff setback would be able to expand by up to 50 percent. Any homeowner who wants to expand beyond 50 percent would need to bring the structure into conformance with the policies and standards of the Local Coastal Program (including bluff edge setback). That means that a landowner could build an entirely new home, but has to be in conformance with all policies and regulations of the Local Coastal Program. Another misconception is that the La Jolla Community Plan update would prevent a homeowner from remodeling more than 50 percent of the interior of their home. This is not correct.
Question #5:	The update will allow "limitless public view access over our property."
Answer #5:	The update to the La Jolla Community plan, does not prohibit increasing the height of a structure up to the maximum allowed by the zone, even when located within a view shed or scenic overlook. Any proposal to add height to a structure is always discretionary and considered on a case-by-case basis based on the visual access circumstances for the particular site, taking into account the City’s view corridor policies and regulations. That is the case under existing law as well.

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