COUNCILMEMBER DONNA FRYE
CITY OF SAN DIEGO
SIXTH DISTRICT

Memorandum

Recently, I have received questions regarding the allowable height of future structures in the Clairemont Mesa Community Planning Area.

As background, Figure 5 (page 24) in the adopted Clairemont-Mesa Community Plan identifies a 30-foot height limit for most of the community. According to the Plan (page 22), the height limit is intended to maintain the low scale character of development in the community". . ." This plan recommendation is codified by the Clairemont Mesa Height Limit Overlay Zone in Chapter 13, Article 2, Division 13 of the Land Development Code. Supplemental findings required for an exception to the Clairemont Mesa Height Limit Overlay Zone are addressed in sections 126.0504 (a) and 126.0504 (j).

Section 132.1301 complements the language in the community plan by stating that "the intent of these regulations is to ensure that the existing low (emphasis added) profile in Clairemont Mesa will be maintained. . ."

Based on a review of the applicable regulations, particularly sections 126.0504 (j)(2) and 132.1305 (b), it is the interpretation of this office that structures must be limited to 3 stories regardless of any height limit exception granted by the City Council. Section 126.0504 (j)(2) states that "the granting of an exception is appropriate because there are existing structures over 30 feet in height and the proposed development will be compatible with surrounding one, two, or three-story (emphasis added) structures. . ." Section 132.1305 (b) allows an exception (40 feet) for new structures located on the property known as Villamar and the Buena Vista Gardens yet clearly requires that "the structure shall not exceed 3 (emphasis added) stories."

There are structures taller than 30 feet/3 stories in the planning area; these structures pre-date the height limit regulations which were first imposed in 1971. The three most notable structures are the 10- and 7-story office buildings located respectively at 5252 Balboa Avenue (Professional Building) and 5222 Balboa Avenue (Medical Arts Building) on the northwest corner of Genesee Avenue and the 14-story senior housing complex (Sorrento Tower) located at 2875 Cowley Way on the northeast corner of Field Street. To permit structures of four or more stories adjacent to these or other high rise structures would have a domino effect and render the regulations ineffective. Clearly that is not the intent. Therefore, it is the opinion of this office that while the City Council does have the authority to grant a height limit exception for a 3-story structure, the Council does not have the authority to grant a height limit exception for a 4 or more -story structure. Such an action would seem to require an amendment to both the community plan and the Land Development Code.

My office is aware of only one exception that has been granted to the Clairemont Mesa Height Limit - a 3-story commercial office building at 2437 Morena Boulevard was allowed to exceed 30 feet in order to include a tower. This exception was in keeping with the third item under Section 126.0504 (j)(2) which states that "the granting of an exception is needed to permit roofline and facade variations, accents, tower elements, and other similar elements and the elements will not increase the floor area (emphasis added) of the structure." Thus, the office building was limited to three stories plus the tower.

I respectfully request a written, legal opinion on the above interpretation of the Clairemont Mesa Height Limit Overlay Zone. Thank you for your attention to this matter.